|
U.S. Code as of:
01/19/04
Section 503. Forfeitures
(a) Rebates and offsets
Any person who shall deliver messages for interstate or foreign
transmission to any carrier, or for whom as sender or receiver, any
such carrier shall transmit any interstate or foreign wire or radio
communication, who shall knowingly by employee, agent, officer, or
otherwise, directly or indirectly, by or through any means or
device whatsoever, receive or accept from such common carrier any
sum of money or any other valuable consideration as a rebate or
offset against the regular charges for transmission of such
messages as fixed by the schedules of charges provided for in this
chapter, shall in addition to any other penalty provided by this
chapter forfeit to the United States a sum of money three times the
amount of money so received or accepted and three times the value
of any other consideration so received or accepted, to be
ascertained by the trial court; and in the trial of said action all
such rebates or other considerations so received or accepted for a
period of six years prior to the commencement of the action, may be
included therein, and the amount recovered shall be three times the
total amount of money, or three times the total value of such
consideration, so received or accepted, or both, as the case may
be.
(b) Activities constituting violations authorizing imposition of
forfeiture penalty; amount of penalty; procedures applicable;
persons subject to penalty; liability exemption period
(1) Any person who is determined by the Commission, in accordance
with paragraph (3) or (4) of this subsection, to have -
(A) willfully or repeatedly failed to comply substantially with
the terms and conditions of any license, permit, certificate, or
other instrument or authorization issued by the Commission;
(B) willfully or repeatedly failed to comply with any of the
provisions of this chapter or of any rule, regulation, or order
issued by the Commission under this chapter or under any treaty,
convention, or other agreement to which the United States is a
party and which is binding upon the United States;
(C) violated any provision of section 317(c) or 509(a) of this
title; or
(D) violated any provision of section 1304, 1343, or 1464 of
title 18;
shall be liable to the United States for a forfeiture penalty. A
forfeiture penalty under this subsection shall be in addition to
any other penalty provided for by this chapter; except that this
subsection shall not apply to any conduct which is subject to
forfeiture under subchapter II of this chapter, part II or III of
subchapter III of this chapter, or section 507 of this title.
(2)(A) If the violator is (i) a broadcast station licensee or
permittee, (ii) a cable television operator, or (iii) an applicant
for any broadcast or cable television operator license, permit,
certificate, or other instrument or authorization issued by the
Commission, the amount of any forfeiture penalty determined under
this section shall not exceed $25,000 for each violation or each
day of a continuing violation, except that the amount assessed for
any continuing violation shall not exceed a total of $250,000 for
any single act or failure to act described in paragraph (1) of this
subsection.
(B) If the violator is a common carrier subject to the provisions
of this chapter or an applicant for any common carrier license,
permit, certificate, or other instrument of authorization issued by
the Commission, the amount of any forfeiture penalty determined
under this subsection shall not exceed $100,000 for each violation
or each day of a continuing violation, except that the amount
assessed for any continuing violation shall not exceed a total of
$1,000,000 for any single act or failure to act described in
paragraph (1) of this subsection.
(C) In any case not covered in subparagraph (A) or (B), the
amount of any forfeiture penalty determined under this subsection
shall not exceed $10,000 for each violation or each day of a
continuing violation, except that the amount assessed for any
continuing violation shall not exceed a total of $75,000 for any
single act or failure to act described in paragraph (1) of this
subsection.
(D) The amount of such forfeiture penalty shall be assessed by
the Commission, or its designee, by written notice. In determining
the amount of such a forfeiture penalty, the Commission or its
designee shall take into account the nature, circumstances, extent,
and gravity of the violation and, with respect to the violator, the
degree of culpability, any history of prior offenses, ability to
pay, and such other matters as justice may require.
(3)(A) At the discretion of the Commission, a forfeiture penalty
may be determined against a person under this subsection after
notice and an opportunity for a hearing before the Commission or an
administrative law judge thereof in accordance with section 554 of
title 5. Any person against whom a forfeiture penalty is determined
under this paragraph may obtain review thereof pursuant to section
402(a) of this title.
(B) If any person fails to pay an assessment of a forfeiture
penalty determined under subparagraph (A) of this paragraph, after
it has become a final and unappealable order or after the
appropriate court has entered final judgment in favor of the
Commission, the Commission shall refer the matter to the Attorney
General of the United States, who shall recover the amount assessed
in any appropriate district court of the United States. In such
action, the validity and appropriateness of the final order
imposing the forfeiture penalty shall not be subject to review.
(4) Except as provided in paragraph (3) of this subsection, no
forfeiture penalty shall be imposed under this subsection against
any person unless and until -
(A) the Commission issues a notice of apparent liability, in
writing, with respect to such person;
(B) such notice has been received by such person, or until the
Commission has sent such notice to the last known address of such
person, by registered or certified mail; and
(C) such person is granted an opportunity to show, in writing,
within such reasonable period of time as the Commission
prescribes by rule or regulation, why no such forfeiture penalty
should be imposed.
Such a notice shall (i) identify each specific provision, term, and
condition of any Act, rule, regulation, order, treaty, convention,
or other agreement, license, permit, certificate, instrument, or
authorization which such person apparently violated or with which
such person apparently failed to comply; (ii) set forth the nature
of the act or omission charged against such person and the facts
upon which such charge is based; and (iii) state the date on which
such conduct occurred. Any forfeiture penalty determined under this
paragraph shall be recoverable pursuant to section 504(a) of this
title.
(5) No forfeiture liability shall be determined under this
subsection against any person, if such person does not hold a
license, permit, certificate, or other authorization issued by the
Commission, and if such person is not an applicant for a license,
permit, certificate, or other authorization issued by the
Commission, unless, prior to the notice required by paragraph (3)
of this subsection or the notice of apparent liability required by
paragraph (4) of this subsection, such person (A) is sent a
citation of the violation charged; (B) is given a reasonable
opportunity for a personal interview with an official of the
Commission, at the field office of the Commission which is nearest
to such person's place of residence; and (C) subsequently engages
in conduct of the type described in such citation. The provisions
of this paragraph shall not apply, however, if the person involved
is engaging in activities for which a license, permit, certificate,
or other authorization is required, or is a cable television system
operator, if the person involved is transmitting on frequencies
assigned for use in a service in which individual station operation
is authorized by rule pursuant to section 307(e) of this title, or
in the case of violations of section 303(q) of this title, if the
person involved is a nonlicensee tower owner who has previously
received notice of the obligations imposed by section 303(q) of
this title from the Commission or the permittee or licensee who
uses that tower. Whenever the requirements of this paragraph are
satisfied with respect to a particular person, such person shall
not be entitled to receive any additional citation of the violation
charged, with respect to any conduct of the type described in the
citation sent under this paragraph.
(6) No forfeiture penalty shall be determined or imposed against
any person under this subsection if -
(A) such person holds a broadcast station license issued under
subchapter III of this chapter and if the violation charged
occurred -
(i) more than 1 year prior to the date of issuance of the
required notice or notice of apparent liability; or
(ii) prior to the date of commencement of the current term of
such license,
whichever is earlier; or
(B) such person does not hold a broadcast station license
issued under subchapter III of this chapter and if the violation
charged occurred more than 1 year prior to the date of issuance
of the required notice or notice of apparent liability.
For purposes of this paragraph, "date of commencement of the
current term of such license" means the date of commencement of the
last term of license for which the licensee has been granted a
license by the Commission. A separate license term shall not be
deemed to have commenced as a result of continuing a license in
effect under section 307(c) of this title pending decision on an
application for renewal of the license.
|
|