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Initial Regulatory Flexibility Act Analysis  Ra-T ă  RJ-  x10.  Reason for Action:  This proposed rulemaking is designed to solicit  R5-comments regarding the Commission's proposed readoption of the Forfeiture Policy  R -Statement, 8 FCC Rcd 6215 (1993), which was vacated by the United States Court of  R -Appeals for the District of Columbia Circuit in United States Telephone Ass'n v. FCC, 28 F. 3d 1232 (D.C. Cir. 1994).  R - x 11.  Objectives : The Commission is seeking information regarding the guidelines to be used in implementing its authority to issue increased monetary forfeiture penalties.  R-  Rh- x 12.  Legal Basis:  The proposed action is authorized under the authority contained in Sections 4(i), 303(r), and 503(b) of the Communications Act of 1934, 47 U.S.C.  154(i), 303(r), 503(b).  P%-   R-x 13.  Reporting, Recordkeeping and Other Compliance Requirements:   R-  None.  R-x 14.  Federal Rules Which Overlap, Duplicate or Conflict With These Rules:  None.  R- x 15. Description, Potential Impact, and Number of Small Entities Involved:  Adoption of this Policy Statement could affect all licensees, including those that qualify as small business entities, who receive a monetary forfeiture as a result of a violation of the Communications Act or of the Commission's Rules. Nonlicensees may also be liable for a monetary forfeiture if violations are repeated and they have previously received a warning or citation.  P-   R-x 16.  Any Significant Alternatives Minimizing the Impact on Small Entities  R -Consistent with the Stated Objectives: The Notice solicits comments on better  R!-ways to accomplish the goals of developing guidelines for determining forfeiture amounts and providing notice to the public about the range of forfeiture amounts that may be assessed in particular cases. We are unable to assess at this time what, if any, economic impact the proposed rule change would have on small business entities. A full assessment of the potential economic impact, as required by Section 605(b) of the Regulatory Flexibility Act of 1980 (Pub. L. 96354, 5 U.S.C.  605(b)) will be made, if applicable, at the final rulemaking stage. "5'0*((P("Ԍ R-ԙ8  V. Ordering Clause ă x17. IT IS ORDERED that the Secretary shall send a copy of this Notice of Proposed Rulemaking to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act.  R-Pub. L. No., 96354, 94 Stat. 1164, 5 U.S.C.  601 et  seq. (1994)  .     P -XxX` ` X XXhh FEDERAL COMMUNICATIONS COMMISSION (#h XxX` ` X XXhhWilliam F. Caton(#h XxX` ` X XXhhActing Secretary(#h" 0*(("  R-c% APPENDIX A ă  P- Part 1PRACTICE AND PROCEDURE x1. The authority citation for Part 1 continues to read as follows:  Pa-x AUTHORITY: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552; 21 U.S.C. 853a,  PJ-unless otherwise noted. x2. Section 1.80 is amended by adding a note to read as follows:  P - 1.80 Forfeiture proceedings.  P - x* * * * *  R-x(b) * * *  Rf-x (4) * * *  R:-  x I. A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a) "0*(("  P- T  P-#:^xzPC XP#Note: GUIDELINES FOR ASSESSING FCC FORFEITURES4O+ Rb-#:^xzPC XP#э The Commission and its staff may use these guidelines in particular cases. The Commission and its staff retain the discretion to issue a higher or lower forfeiture than provided in the guidelines, to issue no forfeiture at all, or to apply alternative or additional sanctions as permitted by the statute. The forfeiture ceilings per violation or per day for a continuing violation stated in Section 503 of the Communications Act and the Commission's Rules are $100,000 for common carriers or applicants, $25,000 for broadcasters and cable operators or applicants, and $10,000 for all others. These base amounts listed are for a single violation or single day of a continuing violation. 47 U.S.C.  503(b)(2); 47 C.F.R.  1.80. For continuing violations involving a single act or failure to act, the statute limits the forfeiture to $1,000,000 for common carriers or applicants, $250,000 for broadcasters and cable  Re -operators or applicants, and $75,000 for all others. Id. There is an upward  RN-adjustment factor for repeated or continuous violations, see Section II, infra. That  R7-upward adjustment is not necessarily applied on a per violation or per day basis. Id.  Unless Commission authorization is required for the behavior involved, a Section 503 forfeiture proceeding against a nonlicensee or nonapplicant who is not a cable operator or is not operating in the radio control or citizens band radio service can only be initiated for a second violation, after issuance of a citation in connection with a first violation. 47 U.S.C.  503(b)(5). A citation is not required, however, for nonlicensee tower owners who have previously received notice of the obligations imposed by Section 303(q) from the Commission or the permittee or licensee who uses that  R-tower. Id. Forfeitures issued under other sections of the Act are dealt with separately in Section III below.4 ă  R- I. BASE AMOUNTS FOR SECTION 503 FORFEITURES X` hp x (#%'0*,.8135@8: