Public Law 87–448

That title V of the Communications Act of 1934 is amended by adding at the end thereof a new section as follows:

“Sec. 510. “forfeiture in cases of violations of certain rules and regulations

(a)(a)

Where any radio station other than licensed radio stations in the broadcast service or stations governed by the provisions

50 Stat. 192;

70 Stat. 1048;

68 Stat. 729.

47 USC 351–362, 381–386, 507.

of parts II and III of title III and section 507 of this Act—

“(1)“(1)

is operated by any person not holding a valid radio operator license or permit of the class prescribed in the rules and regulations of the Commission for the operation of such station;

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“(2)“(2)

fails to identify itself at the times and in the manner prescribed in the rules and regulations of the Commission;

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“(3)“(3)

transmits any false call contrary to regulations of the Commission;

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“(4)“(4)

is operated on a frequency not authorized by the Commission for use by such station;

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“(5)“(5)

transmits unauthorized communications on any frequency designated as a distress or calling frequency in the rules and regulations of the Commission;

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“(6)“(6)

interferes with any distress call or distress communication contrary to the regulations of the Commission;

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“(7)“(7)

fails to attenuate spurious emissions to the extent required by the rules and regulations of the Commission;

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“(8)“(8)

is operated with power in excess of that authorized by the Commission;

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“(9)“(9)

renders a communication service not authorized by the Commission for the particular station;

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“(10)“(10)

is operated with a type of emission not authorized by the Commission;

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“(11)“(11)

is operated with transmitting equipment other than that authorized by the Commission; or

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“(12)“(12)

fails to respond to official communications from the Commission;

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the licensee of the station shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. In the case of a violation of clause (2), (3), (5), or (6) of this subsection, the person operating such station shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. The violation of the provisions of each numbered clause of this subsection shall constitute a separate offense: Provided, That $100 shall be the maximum amount of forfeiture liability for which the licensee or person operating such station shall be liable under this section for the violation of the provisions of any one of the numbered clauses of this subsection, irrespective of the number of violations thereof, occurring within ninety days prior to the date the notice of apparent liability is issued or sent as provided in subsection (c) of this section: And provided further, That $500 shall be the maximum amount of forfeiture liability for which the licensee or person operating such station shall be liable under this section for all violations of the provisions of this section, irrespective of the total number thereof, occurring within ninety days prior to the date such notice of apparent liability is issued or sent as provided in subsection (c) of this section.

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“(b)“(b)

The forfeiture liability provided for in this section shall attach only for a willful or repeated violation of the provisions of this section by any licensee or person operating a station.

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“(c)“(c)

No forfeiture liability under this section shall attach after the lapse of ninety days from the date of the violation unless within such time a written notice of apparent liability, setting forth the facts which indicate apparent liability, shall have been issued by the Commission and received by such person, or the Commission has sent him such notice by registered mail or by certified mail at his last known address. The person so notified of apparent liability shall have the opportunity to show cause in writing why he should not be held liable and, upon his request, he shall be afforded an opportunity for a personal interview with an official of the Commission at the field office of the Commission nearest to the person’s place of residence.”

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Sec. 2.

Section 504(b) of the Communications Act of 1934 (47 U.S.C. 504(b)) is amended by striking out “sections 503(b) and 507”

50 Stat. 197.

and inserting in lieu thereof “section 503(b), section 507, and section 510”.

Sec. 3.

The amendments made by this Act shall take effect on the

Effective date.

thirtieth day after the date of its enactment.