Annual Adjustment of Civil Monetary Penalties To Reflect Inflation, 2461-2462 [2019-01056]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations
will accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received final OMB approval on
January 28, 2019 for the information
collection requirements contained in the
modifications to the Commission’s pole
attachment complaint rules in 47 CFR
1.1413.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0392.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the affected respondents
are as follows:
OMB Control Number: 3060–0392.
OMB Approval Date: January 28,
2019.
OMB Expiration Date: January 31,
2022.
Title: 47 CFR part 1, subpart J—Pole
Attachment Complaint Procedures.
Form Number: N/A.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 1,775 respondents; 1,791
responses.
Estimated Time per Response: 10–14
hours.
Frequency of Response: On occasion
reporting and third-party disclosure
requirements.
Obligation to Respond: Required to
obtain benefits. Statutory authority for
this information collection is contained
in 47 U.S.C. 224.
Total Annual Burden: 3,149 hours.
Total Annual Cost: $486,000.
Nature and Extent of Confidentiality:
No questions of a confidential nature are
asked. However, respondents may
request that materials or information
submitted to the Commission in a
complaint proceeding be withheld from
public inspection under 47 CFR 0.459.
VerDate Sep<11>2014
15:51 Feb 06, 2019
Jkt 247001
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: The Commission
received OMB approval for a revision to
an existing information collection. OMB
Collection No. 3060–0392, among other
things, tracks the burdens associated
with utilities defending against
complaints brought by incumbent local
exchange carriers (LECs) related to
unreasonable rates, terms, and
conditions for pole attachments. In
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment, Third Report
and Order and Declaratory Ruling, FCC
18–111, the Commission, among other
things, revised 47 CFR 1.1413 to
establish a presumption that an
incumbent LEC is similarly situated to
an attacher that is a telecommunications
carrier or a cable television system
providing telecommunications services
for purposes of obtaining comparable
pole attachment rates, terms, or
conditions. The Commission also
established a presumption that an
incumbent LEC may be charged no
higher than the Commission-defined
pole attachment rate for
telecommunications carriers, as
determined in accordance with 47 CFR
1.1406(d)(2). To rebut these
presumptions, the utility must
demonstrate by clear and convincing
evidence that the incumbent LEC
receives benefits under its pole
attachment agreement with a utility that
materially advantages the incumbent
LEC over other telecommunications
carriers or cable television systems
providing telecommunications services
on the same poles. As a result, now
there is an incremental paperwork
burden on utilities should they elect to
challenge the presumption that
incumbent LECs are entitled to rates,
terms, and conditions of similarlysituated telecommunications attachers.
None of the other paperwork burdens as
set forth in the 2018 renewal of OMB
Collection No. 3060–0392 will change.
The Commission will use the
information collected under this
revision to 47 CFR 1.1413 to hear and
resolve pole attachment complaints
brought by incumbent LECs and to
determine the merits of the complaints.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019–01312 Filed 2–6–19; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
2461
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[DA 18–1272]
Annual Adjustment of Civil Monetary
Penalties To Reflect Inflation
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (Inflation Adjustment Act)
requires the Federal Communications
Commission to amend its forfeiture
penalty rules to reflect annual
adjustments for inflation in order to
improve their effectiveness and
maintain their deterrent effect. The
Inflation Adjustment Act provides that
the new penalty levels shall apply to
penalties assessed after the effective
date of the increase, including when the
penalties whose associated violation
predate the increase.
DATES: The rule is effective February 7,
2019. The civil monetary penalties are
applicable beginning January 15, 2019.
FOR FURTHER INFORMATION CONTACT: Lisa
S. Gelb, Deputy Chief, Enforcement
Bureau, 202–418–2019.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
DA 18–1272, adopted and released on
December 19, 2018. The document is
available for download at https://
www.fcc.gov/document/annualadjustment-civil-monetary-penaltiesreflect-inflation. The complete text of
this document is also available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW, Room CY–A257,
Washington, DC 20554.
The Bipartisan Budget Act of 2015
included, as Section 701 thereto, the
Inflation Adjustment Act, which
amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub.
L. 101–410), to improve the
effectiveness of civil monetary penalties
and maintain their deterrent effect.
Under the Inflation Adjustment Act,
agencies are required to make annual
inflationary adjustments by January 15
each year, beginning in 2017. The
adjustments are calculated pursuant to
Office of Management and Budget
(OMB) guidance. OMB issued guidance
on December 14, 2018, and this Order
follows that guidance. The Commission
therefore updates the civil monetary
penalties for 2019, to reflect an annual
inflation adjustment based on the
SUMMARY:
E:\FR\FM\07FER1.SGM
07FER1
2462
Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations
percent change between each published
October’s CPI–U; in this case, October
2018 CPI–U (252.885)/October 2017
CPI–U (246.663) = 1.02522. The
Commission multiplies 1.02522 by the
most recent penalty amount and then
rounds the result to the nearest dollar.
Paperwork Reduction Act
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. It does not contain any
new or modified information collection
burden for small business concerns with
fewer than 25 employees, pursuant to
the Small Business Paperwork Relief
Act of 2002, Public Law 107–198, see 44
U.S.C. 3506(c)(4).
Congressional Review Act
The Commission will send a copy of
this Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Penalties.
Federal Communications Commission.
Lisa S. Gelb,
Deputy Chief, Enforcement Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
202(c) Common Carrier Discrimination ...........................................
203(e) Common Carrier Tariffs ........................................................
205(b) Common Carrier Prescriptions .............................................
214(d) Common Carrier Line Extensions ........................................
219(b) Common Carrier Reports .....................................................
220(d) Common Carrier Records & Accounts .................................
223(b) Dial-a-Porn ............................................................................
227(e) Caller Identification ...............................................................
Sec.
Sec.
Sec.
Sec.
Sec.
364(a) Forfeitures (Ships) ................................................................
364(b) Forfeitures (Ships) ................................................................
386(a) Forfeitures (Ships) ................................................................
386(b) Forfeitures (Ships) ................................................................
634 Cable EEO ................................................................................
(9) * * *
(ii) The application of the annual
inflation adjustment required by the
foregoing Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 results in the following
adjusted statutory maximum forfeitures
authorized by the Communications Act:
47 U.S.C. 203(e) ..................
47
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
205(b)
214(d)
219(b)
220(d)
223(b)
227(e)
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
362(a) ..................
362(b) ..................
386(a) ..................
386(b) ..................
503(b)(2)(A) .........
VerDate Sep<11>2014
..................
..................
..................
..................
..................
..................
15:51 Feb 06, 2019
Maximum
penalty after
2019 annual
inflation
adjustment
$12,081
604
12,081
604
24,160
2,415
2,415
12,081
125,190
11,562
34,686
1,156,242
10,067
2,014
10,067
2,014
50,334
Jkt 247001
Authority: 47 U.S.C. chs. 2, 5, 9, 13; Sec.
102(c), Div. P, Public Law 115–141, 132 Stat.
1084; 28 U.S.C. 2461, unless otherwise noted.
2. Section 1.80 is amended by revising
the table in Section III of the note to
paragraph (b)(8) and paragraph (b)(9)(ii)
to read as follows:
§ 1.80
Forfeiture proceedings.
(b) * * *
(8) * * *
Note to paragraph (b)(8) * * *
Section III * * *
Statutory amount
after 2019 annual inflation adjustment
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
47 U.S.C. 202(c) ...................
1. The authority citation for part 1
continues to read as follows:
■
■
Violation
U.S. code citation
PART 1—PRACTICE AND
PROCEDURE
$12,081, $604/day.
$12,081, 604/day.
$24,160.
$2,415/day.
$2,415/day.
$12,081/day.
$125,190/day.
$11,562/violation,
$34,686/day for each day of continuing violation, up to $1,156,242 for
any single act or failure to act.
$10,067/day (owner).
$2,014 (vessel master).
$10,067/day (owner).
$2,014 (vessel master).
$892/day.
Maximum
penalty after
2019 annual
inflation
adjustment
U.S. code citation
47 U.S.C. 503(b)(2)(B) .........
47 U.S.C. 503(b)(2)(C) .........
47 U.S.C. 503(b)(2)(D) .........
47 U.S.C. 503(b)(2)(F) .........
47 U.S.C. 507(a) ..................
47 U.S.C. 507(b) ..................
47 U.S.C. 554 .......................
*
*
*
*
503,349
201,340
2,013,399
407,270
3,759,410
20,134
151,005
115,624
1,156,242
1,994
292
892
*
[FR Doc. 2019–01056 Filed 2–6–19; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[GN Docket No. 14–177, IB Docket Nos. 15–
256 and 97–95, WT Docket No. 10–112; FCC
17–152, FCC 18–73]
Use of Spectrum Bands Above 24 GHz
for Mobile Radio Services
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with the Commission’s
Second Report and Order (Second R&O)
and Third Report and Order (Third
R&O), GN Docket No. 14–177, WT
Docket No. 10–112, FCC 17–152 and
FCC 18–73. This document is consistent
with the Second R&O and Third R&O,
which stated that the Commission
SUMMARY:
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2461-2462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01056]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[DA 18-1272]
Annual Adjustment of Civil Monetary Penalties To Reflect
Inflation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation Adjustment Act) requires the
Federal Communications Commission to amend its forfeiture penalty rules
to reflect annual adjustments for inflation in order to improve their
effectiveness and maintain their deterrent effect. The Inflation
Adjustment Act provides that the new penalty levels shall apply to
penalties assessed after the effective date of the increase, including
when the penalties whose associated violation predate the increase.
DATES: The rule is effective February 7, 2019. The civil monetary
penalties are applicable beginning January 15, 2019.
FOR FURTHER INFORMATION CONTACT: Lisa S. Gelb, Deputy Chief,
Enforcement Bureau, 202-418-2019.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
DA 18-1272, adopted and released on December 19, 2018. The document is
available for download at https://www.fcc.gov/document/annual-adjustment-civil-monetary-penalties-reflect-inflation. The complete
text of this document is also available for inspection and copying
during normal business hours in the FCC Reference Information Center,
Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554.
The Bipartisan Budget Act of 2015 included, as Section 701 thereto,
the Inflation Adjustment Act, which amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410), to improve the
effectiveness of civil monetary penalties and maintain their deterrent
effect. Under the Inflation Adjustment Act, agencies are required to
make annual inflationary adjustments by January 15 each year, beginning
in 2017. The adjustments are calculated pursuant to Office of
Management and Budget (OMB) guidance. OMB issued guidance on December
14, 2018, and this Order follows that guidance. The Commission
therefore updates the civil monetary penalties for 2019, to reflect an
annual inflation adjustment based on the
[[Page 2462]]
percent change between each published October's CPI-U; in this case,
October 2018 CPI-U (252.885)/October 2017 CPI-U (246.663) = 1.02522.
The Commission multiplies 1.02522 by the most recent penalty amount and
then rounds the result to the nearest dollar.
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. It does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Congressional Review Act
The Commission will send a copy of this Order to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Penalties.
Federal Communications Commission.
Lisa S. Gelb,
Deputy Chief, Enforcement Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; Sec. 102(c), Div. P,
Public Law 115-141, 132 Stat. 1084; 28 U.S.C. 2461, unless otherwise
noted.
0
2. Section 1.80 is amended by revising the table in Section III of the
note to paragraph (b)(8) and paragraph (b)(9)(ii) to read as follows:
Sec. 1.80 Forfeiture proceedings.
(b) * * *
(8) * * *
Note to paragraph (b)(8) * * *
Section III * * *
------------------------------------------------------------------------
Statutory amount after 2019
Violation annual inflation adjustment
------------------------------------------------------------------------
Sec. 202(c) Common Carrier $12,081, $604/day.
Discrimination.
Sec. 203(e) Common Carrier Tariffs..... $12,081, 604/day.
Sec. 205(b) Common Carrier $24,160.
Prescriptions.
Sec. 214(d) Common Carrier Line $2,415/day.
Extensions.
Sec. 219(b) Common Carrier Reports..... $2,415/day.
Sec. 220(d) Common Carrier Records & $12,081/day.
Accounts.
Sec. 223(b) Dial-a-Porn................ $125,190/day.
Sec. 227(e) Caller Identification...... $11,562/violation,
$34,686/day for each day of
continuing violation, up to
$1,156,242 for any single act
or failure to act.
Sec. 364(a) Forfeitures (Ships)........ $10,067/day (owner).
Sec. 364(b) Forfeitures (Ships)........ $2,014 (vessel master).
Sec. 386(a) Forfeitures (Ships)........ $10,067/day (owner).
Sec. 386(b) Forfeitures (Ships)........ $2,014 (vessel master).
Sec. 634 Cable EEO..................... $892/day.
------------------------------------------------------------------------
(9) * * *
(ii) The application of the annual inflation adjustment required by
the foregoing Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 results in the following adjusted statutory
maximum forfeitures authorized by the Communications Act:
------------------------------------------------------------------------
Maximum
penalty after
U.S. code citation 2019 annual
inflation
adjustment
------------------------------------------------------------------------
47 U.S.C. 202(c)........................................ $12,081
604
47 U.S.C. 203(e)........................................ 12,081
604
47 U.S.C. 205(b)........................................ 24,160
47 U.S.C. 214(d)........................................ 2,415
47 U.S.C. 219(b)........................................ 2,415
47 U.S.C. 220(d)........................................ 12,081
47 U.S.C. 223(b)........................................ 125,190
47 U.S.C. 227(e)........................................ 11,562
34,686
1,156,242
47 U.S.C. 362(a)........................................ 10,067
47 U.S.C. 362(b)........................................ 2,014
47 U.S.C. 386(a)........................................ 10,067
47 U.S.C. 386(b)........................................ 2,014
47 U.S.C. 503(b)(2)(A).................................. 50,334
503,349
47 U.S.C. 503(b)(2)(B).................................. 201,340
2,013,399
47 U.S.C. 503(b)(2)(C).................................. 407,270
3,759,410
47 U.S.C. 503(b)(2)(D).................................. 20,134
151,005
47 U.S.C. 503(b)(2)(F).................................. 115,624
1,156,242
47 U.S.C. 507(a)........................................ 1,994
47 U.S.C. 507(b)........................................ 292
47 U.S.C. 554........................................... 892
------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-01056 Filed 2-6-19; 8:45 am]
BILLING CODE 6712-01-P
