§ 503. Forfeitures

Footnotes

1. 1 So in original. Following provision probably should be set flush with subpar. (C).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Pub. L. 73–652 · 48 Stat. 1064

   Enacted · 47 U.S.C. § 503

   June 19, 1934, ch. 652, title V, § 503, 48 Stat. 1101

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title V, § 503, 48 Stat. 1101

2. 1960

   Communications Act Amendments, 1960

   Pub. L. 86–752 § 7(a) · 74 Stat. 889

   1. Substituted · 47 U.S.C. § 503

      Pub. L. 86–752 amended section catchline substituting “Forfeitures” for “Rebates and offsets, forfeitures,”

   2. Amended · 47 U.S.C. § 503

      Pub. L. 86–752 designated existing provisions as subsec. (a)

   3. Added · 47 U.S.C. § 503

      Pub. L. 86–752 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 86–752 amended section catchline substituting “Forfeitures” for “Rebates and offsets, forfeitures,”, designated existing provisions as subsec. (a), and added subsec. (b).

   Enacted provision · exact public law section
   (a) Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is amended (1) by striking out the center heading and inserting in lieu thereof “Forfeitures”; (2) by inserting “(a)” after “Sec. 503.”; and (3) by adding at the end thereof the following subsection: “(b) (1) Any licensee or permittee of a broadcast station who— “(A) willfully or repeatedly fails to operate such station substantially as set forth in his license or permit, “(B) willfully or repeatedly fails to observe any of the provisions of this Act or of any rule or regulation of the Commission prescribed under authority of this Act or under authority of any treaty ratified by the United States, “(C) fails to observe any final cease and desist order issued by the Commission, “(D) violates section 317(c) or section 509(a) (4) of this Act, or “(E) violates section 1304, 1343, or 1464 of title 18 of the United States Code, shall forfeit to the United States a sum not to exceed $1,000. Each day during which such violation occurs shall constitute a separate offense. Such forfeiture shall be in addition to any other penalty provided by this Act. “(2) No forfeiture liability under paragraph (1) of this subsection (b) shall attach unless a written notice of apparent liability shall have been issued by the Commission and such notice has been received by the licensee or permittee or the Commission shall have sent such notice by registered or certified mail to the last known address of the licensee or permittee. A licensee or permittee so notified shall be granted an opportunity to show in writing, within such reasonable period as the Commission shall by regulations prescribe, why he should not be held liable. A notice issued under this paragraph shall not be valid unless it sets forth the date, facts, and nature of the act or omission with which the licensee or permittee is charged and specifically identifies the particular provision or provisions of the law, rule, or regulation or the license, permit, or cease and desist order involved. “(3) No forfeiture liability under paragraph (1) of this subsection Forfeiture liability. Limitation. (b) shall attach for any violation occurring more than one year prior to the date of issuance of the notice of apparent liability and in no event shall the forfeiture imposed for the acts or omissions set forth in any notice of apparent liability exceed $10,000.”

3. 1978

   Communications Act Amendments of 1978

   Pub. L. 95–234 § 2 · 92 Stat. 33

   Substituted · 47 U.S.C. § 503(b)

   Pub. L. 95–234 substituted provisions relating to activities making persons liable for forfeiture penalties, amounts of forfeiture penalties, procedures applicable for imposition of forfeiture penalties, and exemptions from liability from imposition of forfeiture penalties, for provisions relating to activities of licensees or permittees constituting violations and authorizing forfeiture to the United States of a sum not to exceed $1,000 for each separate offense, procedures applicable for imposition of forfeiture liability, and limitations on imposition of forfeiture liability

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–234 substituted provisions relating to activities making persons liable for forfeiture penalties, amounts of forfeiture penalties, procedures applicable for imposition of forfeiture penalties, and exemptions from liability from imposition of forfeiture penalties, for provisions relating to activities of licensees or permittees constituting violations and authorizing forfeiture to the United States of a sum not to exceed $1,000 for each separate offense, procedures applicable for imposition of forfeiture liability, and limitations on imposition of forfeiture liability.

   Enacted provision · exact public law section
   Sec. 2. Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)) is amended to read as follows: “(b) 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 Act or of any rule, regulation, or order issued by the Commission under this Act 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 Act; or 47 USC 317, 509. “(D) violated any provision of section 1304, 1343, or 1464 of title 18, United States Code; shall be liable to the United States for a forfeiture penalty. A forfeiture Forfeiture penalties. penalty under this subsection shall be in addition to any other penalty provided for by this Act; except that this subsection shall not apply to any conduct which is subject to forfeiture under title II, part II or III of title III, or section 507 of this Act. 47 USC 201, 351, 381, 507. Violations. “(2) The amount of any forfeiture penalty determined under this subsection shall not exceed $2,000 for each violation. Each day of a continuing violation shall constitute a separate offense, but the total forfeiture penalty which may be imposed under this subsection, for acts or omissions described in paragraph (1) of this subsection and set forth in the notice or the notice of apparent liability issued under this subsection, shall not exceed— “(A) $20,000, if the violator is (i) a common carrier subject to the provisions of this Act, (ii) a broadcast station licensee or permittee, or (iii) a cable television operator; or “(B) $5,000, in any case not covered by subparagraph (A). The amount of such forfeiture penalty shall be assessed by the Penalty assessment. 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 prohibited acts committed 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 Penalty determinations, notice and review. 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, United States Code. Any person against whom a forfeiture penalty is determined under this paragraph may obtain review thereof pursuant 47 USC 402. Unpaid assessment recovery, referral to Attorney General. to section 402(a). “(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 Act. “(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, 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. 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 title III of this Act 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 so long as such violation occurred within 3 years prior to the date of issuance of such required notice; or “(B) such person does not hold a broadcast station license issued under title III of this Act and if the violation charged 47 USC 301. occurred more than 1 year prior to the date of issuance of the required notice or notice of apparent liability.”.

   Effective date note
   Amendment by Pub. L. 95–234 effective on thirtieth day after Feb. 21, 1978, except that the provisions of subsec. (b) of this section, as in effect on Feb. 21, 1978, shall continue to constitute the applicable law with respect to any act or omission which occurs prior to such thirtieth day, see section 7 of Pub. L. 95–234, set out as a note under section 152 of this title.

4. 1980

   Pub. L. 96–507 § 2(b) · 94 Stat. 2747

   Changed · 47 U.S.C. § 503(b)

   Pub. L. 96–507 conformed references in first paragraph to sections 509(a) and 507 of this title to reflect renumbering of those sections which required no change in text

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–507 conformed references in first paragraph to sections 509(a) and 507 of this title to reflect renumbering of those sections which required no change in text.

   Enacted provision · exact public law section
   (b) Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)) is amended— (1) by striking out “509(a)” and inserting in lieu thereof “508(a)”; and (2) by striking out “section 507” and inserting in lieu thereof “section 506”.

5. 1982

   Pub. L. 97–259 title I § 124 · 96 Stat. 1087

   Inserted · 47 U.S.C. § 503(b)(5)

   Pub. L. 97–259 inserted “, or is a cable television system operator” after “other authorization is required”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 97–259 inserted “, or is a cable television system operator” after “other authorization is required”.

   Enacted provision · exact public law section
   Sec. 124. The second sentence of section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended by inserting “, or is a cable television system operator” before the period at the end thereof.

6. 1983

   Federal Communications Commission Authorization Act of 1983

   Pub. L. 98–214 § 4(b) · 97 Stat. 1467

   Inserted · 47 U.S.C. § 503(b)(5)

   Pub. L. 98–214 inserted “or 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”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 98–214 inserted “or 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”.

   Enacted provision · exact public law section
   (b) Section 503(b)(5) of such Act (47 U.S.C. 503(b)(5)) is amended by inserting, before the period in the second sentence, the following: “or if the person involved is transmitting on frequencies assigned for use in a service in which 47 USC 307. individual station operation is authorized by rule pursuant to section 307(e)”.

7. 1989

   Omnibus Budget Reconciliation Act of 1989

   Pub. L. 101–239 title III § 3002(i) · 103 Stat. 2106

   1. Inserted · 47 U.S.C. § 503(b)(1); 47 U.S.C. § 503(b)(2)

      Pub. L. 101–239 inserted “(1)” before “Any person who” in first par.

   2. Added · 47 U.S.C. § 503(b)(1); 47 U.S.C. § 503(b)(2)

      Pub. L. 101–239 added par. (2)

   3. Struck · 47 U.S.C. § 503(b)(1); 47 U.S.C. § 503(b)(2)

      Pub. L. 101–239 struck out former par. (2) thereby resulting in increasing penalty if violator is a common carrier from $20,000 to $100,000 per day to a maximum of $1,000,000 per act and penalty if violator is a broadcast station licensee or cable television operator from $20,000 to $25,000 per day to a maximum of $250,000 per act, making such penalty also applicable to television operator applicants, and increasing penalty in all other cases from $5,000 to $10,000 per day to a maximum of $75,000

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 101–239 inserted “(1)” before “Any person who” in first par., added par. (2), and struck out former par. (2) thereby resulting in increasing penalty if violator is a common carrier from $20,000 to $100,000 per day to a maximum of $1,000,000 per act and penalty if violator is a broadcast station licensee or cable television operator from $20,000 to $25,000 per day to a maximum of $250,000 per act, making such penalty also applicable to television operator applicants, and increasing penalty in all other cases from $5,000 to $10,000 per day to a maximum of $75,000.

   Enacted provision · exact public law section
   (i) General Forfeitures.— Subsection (b) of section 503 of the Communications Act of 1934 (47 U.S.C. 503(b)) is amended— (1) by inserting “(1)” after “(b)” at the beginning of such subsection; and (2) by striking paragraph (2) and inserting the following: “(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 Act 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.”.

8. 1990

   Federal Communications Commission Authorization Act of 1990

   Pub. L. 101–396 § 10 · 104 Stat. 848

   Inserted · 47 U.S.C. § 503(b)(5)

   Pub. L. 101–396 inserted “and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission,” before “unless, prior”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 101–396 inserted “and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission,” before “unless, prior”.

   Enacted provision · exact public law section
   Sec. 10. applicability of forfeitures to applicants The first sentence of section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended by inserting “and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission,” immediately before “unless, prior”.

9. 1992

   Telecommunications Authorization Act of 1992

   Pub. L. 102–538 § 210(b) · 106 Stat. 3533

   1. Substituted · 47 U.S.C. § 503(b)(5)

      Pub. L. 102–538, § 210(b), substituted “system operator,” for “system operator or”

   2. Inserted · 47 U.S.C. § 503(b)(5)

      Pub. L. 102–538, § 210(b), inserted “, 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” after “section 307(e) of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 102–538, § 210(b), substituted “system operator,” for “system operator or” and inserted “, 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” after “section 307(e) of this title”.

   Enacted provision · exact public law section
   (b) Liability for Forfeiture.— Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended— (1) by striking “system operator or” and inserting in lieu thereof “system operator,”; and (2) by inserting “, or in the case of violations of section 303(a), if the person involved is a nonlicensee tower owner who has previously received notice of the obligations imposed by section 303(q) from the Commission or the permittee or licensee who uses that tower” immediately after “section 307(e)”.

10. 1992

    Telecommunications Authorization Act of 1992

    Pub. L. 102–538 § 206(2) · 106 Stat. 3533

    Inserted · 47 U.S.C. § 503(b)(6)

    Pub. L. 102–538, § 206(2), inserted at end “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.”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 102–538, § 206(2), inserted at end “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.”

    Enacted provision · exact public law section
    (2) by adding at the end the following: “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) pending decision on an application for renewal of the license.”.

11. 1992

    Telecommunications Authorization Act of 1992

    Pub. L. 102–538 § 206(1) · 106 Stat. 3533

    Struck · 47 U.S.C. § 503(b)(6)(A)

    Pub. L. 102–538, § 206(1), struck out “so long as such violation occurred within 3 years prior to the date of issuance of such required notice” after “whichever is earlier”

    Source evidence

    Code amendment note
    Subsec. (b)(6)(A). Pub. L. 102–538, § 206(1), struck out “so long as such violation occurred within 3 years prior to the date of issuance of such required notice” after “whichever is earlier”.

    Enacted provision · exact public law section
    (1) by striking “so long as such violation occurred within 3 years prior to the date of issuance of such required notice”; and

12. 2006

    Broadcast Decency Enforcement Act of 2005

    Pub. L. 109–235 § 2(2) · 120 Stat. 491

    Redesignated · 47 U.S.C. § 503(b)(2)(C)

    Pub. L. 109–235, § 2(2), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 109–235, § 2(2), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Notwithstanding subparagraph (A), if the violator is— “(i) (I) a broadcast station licensee or permittee; or “(II) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission; and “(ii) determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this subsection shall not exceed $325,000 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 $3,000,000 for any single act or failure to act.” ; and

13. 2006

    Broadcast Decency Enforcement Act of 2005

    Pub. L. 109–235 § 2(1) · 120 Stat. 491

    1. Redesignated · 47 U.S.C. § 503(b)(2)(D)

       Pub. L. 109–235, § 2(1), (3), redesignated subpar. (C) as (D)

    2. Redesignated · 47 U.S.C. § 503(b)(2)(D)

       Pub. L. 109–235, § 2(1), (3), substituted “subparagraph (A), (B), or (C)” for “subparagraph (A) or (B)”. Former subpar. (D) redesignated (E)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 109–235, § 2(1), (3), redesignated subpar. (C) as (D) and substituted “subparagraph (A), (B), or (C)” for “subparagraph (A) or (B)”. Former subpar. (D) redesignated (E).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

14. 2006

    Broadcast Decency Enforcement Act of 2005

    Pub. L. 109–235 § 2 · 120 Stat. 491

    Redesignated · 47 U.S.C. § 503(b)(2)(E)

    Pub. L. 109–235, § (2)(1), redesignated subpar. (D) as (E)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 109–235, § (2)(1), redesignated subpar. (D) as (E).

    Enacted provision · exact public law section
    SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE BROADCASTS.   Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Notwithstanding subparagraph (A), if the violator is— “(i) (I) a broadcast station licensee or permittee; or “(II) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission; and “(ii) determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this subsection shall not exceed $325,000 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 $3,000,000 for any single act or failure to act.” ; and (3) in subparagraph (D), as redesignated by paragraph (1), by striking “subparagraph (A) or (B)” and inserting “subparagraph (A), (B), or (C)”.

15. 2008

    Protecting Children in the 21st Century Act

    Pub. L. 110–385 title II § 221 · 122 Stat. 4096

    Substituted · 47 U.S.C. § 503(b)(1)(D)

    Pub. L. 110–385 substituted “1464, or 2252” for “or 1464”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 110–385 substituted “1464, or 2252” for “or 1464”.

    Enacted provision · exact public law section
    SEC. 221. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD PORNOGRAPHY VIOLATIONS. (a) In General.— Section 503(b)(1) of the Communications Act of 1934 (47 U.S.C. 503(b)(1)) is amended by striking “or 1464” in subparagraph (D) and inserting “1464, or 2252”.

16. 2010

    Twenty-First Century Communications and Video Accessibility Act of 2010

    Pub. L. 111–260 title I § 104(c) · 124 Stat. 2751

    Added · 47 U.S.C. § 503(b)(2)(F)

    Pub. L. 111–260 added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 111–260 added subpar. (F).

    Enacted provision · exact public law section
    (c) Title V Amendments.— Section 503(b)(2) of such Act (47 U.S.C. 503(b)(2)) is amended by adding after subparagraph (E) the following: “(F) Subject to paragraph (5) of this section, if the violator is a manufacturer or service provider subject to the requirements of section 255, 716, or 718, and is determined by the Commission to have violated any such requirement, the manufacturer or provider shall be liable to the United States for a forfeiture penalty of not more than $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.” .

21 of 22 references resolved to an enrolled provision · 1 partial