Title 47 — Telecommunications
Chapter 5 — Wire or Radio Communication
§ 504. Forfeitures
Statutory text
Recovery
The forfeitures provided for in this chapter shall be payable into the Treasury of the United States, and shall be recoverable, except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this title, in a civil suit in the name of the United States brought in the district where the person or carrier has its principal operating office or in any district through which the line or system of the carrier runs: Provided, That any suit for the recovery of a forfeiture imposed pursuant to the provisions of this chapter shall be a trial de novo: Provided further, That in the case of forfeiture by a ship, said forfeiture may also be recoverable by way of libel in any district in which such ship shall arrive or depart. Such forfeitures shall be in addition to any other general or specific penalties provided in this chapter. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this chapter. The costs and expenses of such prosecutions shall be paid from the appropriation for the expenses of the courts of the United States.
Remission and mitigation
The forfeitures imposed by subchapter II, parts II and III of subchapter III, and sections 503(b) and 507 of this title shall be subject to remission or mitigation by the Commission under such regulations and methods of ascertaining the facts as may seem to it advisable, and, if suit has been instituted, the Attorney General, upon request of the Commission, shall direct the discontinuance of any prosecution to recover such forfeitures: Provided, however, That no forfeiture shall be remitted or mitigated after determination by a court of competent jurisdiction.
Use of notice of apparent liability
In any case where the Commission issues a notice of apparent liability looking toward the imposition of a forfeiture under this chapter, that fact shall not be used, in any other proceeding before the Commission, to the prejudice of the person to whom such notice was issued, unless (i) the forfeiture has been paid, or (ii) a court of competent jurisdiction has ordered payment of such forfeiture, and such order has become final.
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.
Pub. L. 73–652 · 48 Stat. 1064
Enacted · 47 U.S.C. § 504
June 19, 1934, ch. 652, title V, § 504, 48 Stat. 1101
Source evidence
Code source credit
June 19, 1934, ch. 652, title V, § 504, 48 Stat. 1101Public Law not identified
Inserted · 47 U.S.C. § 504(b)
Subsec. (b). Act Aug. 13, 1954, inserted reference to section 507 of this title
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act Aug. 13, 1954, inserted reference to section 507 of this title.Public Law not identified
Inserted · 47 U.S.C. § 504(b)
Subsec. (b). Act Aug. 6, 1956, inserted reference to part III of subchapter III
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act Aug. 6, 1956, inserted reference to part III of subchapter III.Communications Act Amendments, 1960
Pub. L. 86–752 § 7(b) · 74 Stat. 889
Inserted · 47 U.S.C. § 504(a)
Pub. L. 86–752, § 7(b), inserted proviso that any suit for recovery of a forfeiture shall be a trial de novo
Source evidence
Code amendment note
Subsec. (a). Pub. L. 86–752, § 7(b), inserted proviso that any suit for recovery of a forfeiture shall be a trial de novo.Enacted provision · exact public law section
(b) Section 504(a) of the Communications Act of 1934 (47 U.S.C. 504) is amended by inserting after “Provided,” in the first sentence thereof the following: “That any suit for the recovery of a forfeiture Recovery of forfeitures. imposed pursuant to the provisions of this Act shall be a trial de novo: Provided further,”.Communications Act Amendments, 1960
Pub. L. 86–752 § 7(c) · 74 Stat. 889
Substituted · 47 U.S.C. § 504(b)
Pub. L. 86–752, § 7(c), substituted “sections 503(b) and 507” for “section 507”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 86–752, § 7(c), substituted “sections 503(b) and 507” for “section 507”.Enacted provision · exact public law section
(c) Section 504(b) of such Act is amended by striking out “section 507” and inserting in lieu thereof “sections 503(b) and 507”.Communications Act Amendments, 1960
Pub. L. 86–752 § 7(d) · 74 Stat. 889
Added · 47 U.S.C. § 504(c)
Pub. L. 86–752, § 7(d), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–752, § 7(d), added subsec. (c).Enacted provision · exact public law section
(d) Section 504 of such Act is further amended by adding a new subsection to read as follows: “(c) In any case where the Commission issues a notice of apparent liability looking toward the imposition of a forfeiture under this Act, that fact shall not be used, in any other proceeding before the Commission, to the prejudice of the person to whom such notice was issued, unless (i) the forfeiture has been paid, or (ii) a court of competent jurisdiction has ordered payment of such forfeiture, and such order has become final.”Pub. L. 87–448 § 2 · 76 Stat. 68
Changed · 47 U.S.C. § 504(b)
Pub. L. 87–448 empowered the Commission to remit or mitigate the forfeitures imposed by section 510 of this title
Source evidence
Code amendment note
Subsec. (b). Pub. L. 87–448 empowered the Commission to remit or mitigate the forfeitures imposed by section 510 of this title.Enacted provision · exact public law section
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”.Communications Act Amendments of 1978
Pub. L. 95–234 § 3(a) · 92 Stat. 33
Inserted · 47 U.S.C. § 504(a)
Pub. L. 95–234, § 3(a), inserted in first sentence “, except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this title,” after “recoverable”. Such wording was inserted only after the first reference to “recoverable” as the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–234, § 3(a), inserted in first sentence “, except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this title,” after “recoverable”. Such wording was inserted only after the first reference to “recoverable” as the probable intent of Congress.Enacted provision · exact public law section
(a) The first sentence or section 504(a) of the Communications Act of 1934 (47 U.S.C. 504(a)) is amended by inserting immediately after “recoverable” the following: “, except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this Act,”. 47 USC 503.Effective date note
Amendment by Pub. L. 95–234 effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95–234, set out as a note under section 152 of this title.Communications Act Amendments of 1978
Pub. L. 95–234 § 3(b) · 92 Stat. 33
Inserted · 47 U.S.C. § 504(b)
Pub. L. 95–234, § 3(b), inserted reference to subchapter II of this chapter
Struck · 47 U.S.C. § 504(b)
Pub. L. 95–234, § 3(b), struck out reference to section 510 of this title and “, upon application therefor,” after “by the Commission”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–234, § 3(b), inserted reference to subchapter II of this chapter and struck out reference to section 510 of this title and “, upon application therefor,” after “by the Commission”.Enacted provision · exact public law section
(b) Section 504(b) of such Act is amended (1) by striking out “parts II and III of title III and section 503(b), section 507, and section 510” and inserting in lieu thereof “title II, parts II and III of 47 USC 351, 381, 503, 507, 510. 47 USC 201, 351, 381, 503, 507. Repeal. title III, and sections 503(b) and 507”; and (2) by striking out “, upon application therefor,”.Effective date note
Amendment by Pub. L. 95–234 effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95–234, set out as a note under section 152 of this title.Pub. L. 96–507 § 2(c) · 94 Stat. 2747
Changed · 47 U.S.C. § 504(b)
Pub. L. 96–507 conformed reference to section 507 of this title to reflect renumbering of that section which required no change in text
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–507 conformed reference to section 507 of this title to reflect renumbering of that section which required no change in text.Enacted provision · exact public law section
(c) Section 504(b) of the Communications Act of 1934 (47 U.S.C. 504(b)) is amended by striking out “507” and inserting in lieu thereof “506”.
8 of 11 references resolved to an enrolled provision · 1 partial · 2 unresolved
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Parts II and III of subchapter III, referred to in subsec. (b), are classified to sections 351 et seq. and 381 et seq., respectively, of this title.
Amendments1937–1980 · 7 rounds
1980
Subsec. (b). Pub. L. 96–507 conformed reference to section 507 of this title to reflect renumbering of that section which required no change in text.
1978
Subsec. (a). Pub. L. 95–234, § 3(a), inserted in first sentence “, except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this title,” after “recoverable”. Such wording was inserted only after the first reference to “recoverable” as the probable intent of Congress.
Subsec. (b). Pub. L. 95–234, § 3(b), inserted reference to subchapter II of this chapter and struck out reference to section 510 of this title and “, upon application therefor,” after “by the Commission”.
1962
Subsec. (b). Pub. L. 87–448 empowered the Commission to remit or mitigate the forfeitures imposed by section 510 of this title.
1960
Subsec. (a). Pub. L. 86–752, § 7(b), inserted proviso that any suit for recovery of a forfeiture shall be a trial de novo.
Subsec. (b). Pub. L. 86–752, § 7(c), substituted “sections 503(b) and 507” for “section 507”.
Subsec. (c). Pub. L. 86–752, § 7(d), added subsec. (c).
1956
Subsec. (b). Act , inserted reference to part III of subchapter III.
1954
Subsec. (b). Act , inserted reference to section 507 of this title.
1937
Act , designated existing provisions as subsec. (a), inserted proviso as to recovery of forfeiture in any district where a ship may arrive or depart, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
Act , eff. , substituted “United States attorneys” for “district attorneys”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–234 effective on thirtieth day after , see section 7 of Pub. L. 95–234, set out as a note under section 152 of this title.
Effective Date of 1962 Amendment
Pub. L. 87–448, § 3, , 76 Stat. 69, provided that: “The amendments made by this Act [enacting section 510 of this title and amending this section] shall take effect on the thirtieth day after the date of its enactment [].”
Effective Date of 1956 Amendment
Amendment by act , effective , see section 4 of act , set out as an Effective Date note under section 381 of this title.
Effective Date of 1954 Amendment
Amendment by act , effective , see section 6 of act , set out as an Effective Date note under section 507 of this title.
Credits
1934–1980 · 9 acts
- 1934June 19, 1934, ch. 652, title V, § 504, 48 Stat. 1101
- 1937May 20, 1937, ch. 229, § 14, 50 Stat. 197
- 1948June 25, 1948, ch. 646, § 1, 62 Stat. 909
- 1954Aug. 13, 1954, ch. 735, § 4, 68 Stat. 729
- 1956Aug. 6, 1956, ch. 973, § 2, 70 Stat. 1048
- 1960Pub. L. 86–752, § 7(b)–(d), , 74 Stat. 895
- 1962Pub. L. 87–448, § 2, , 76 Stat. 69
- 1978Pub. L. 95–234, § 3, , 92 Stat. 35
- 1980Pub. L. 96–507, § 2(c), , 94 Stat. 2747.
Show as published
(June 19, 1934, ch. 652, title V, § 504, 48 Stat. 1101; May 20, 1937, ch. 229, § 14, 50 Stat. 197; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Aug. 13, 1954, ch. 735, § 4, 68 Stat. 729; Aug. 6, 1956, ch. 973, § 2, 70 Stat. 1048; Pub. L. 86–752, § 7(b)–(d), , 74 Stat. 895; Pub. L. 87–448, § 2, , 76 Stat. 69; Pub. L. 95–234, § 3, , 92 Stat. 35; Pub. L. 96–507, § 2(c), , 94 Stat. 2747.)