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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                          )                  
                                                                             
                                                          )                  
                                                                             
     In the Matter of                                     )                  
                                                                             
     Amendment of Section 1.80(b)(1) of the               )                  
     Commission's Rules                                                      
                                                          )   EB-06-IH-2271  
     Increase of Forfeiture Maxima for Obscene,                              
     Indecent, and Profane Broadcasts to Implement The    )                  
     Broadcast Decency Enforcement Act of 2005                               
                                                          )                  
                                                                             
                                                          )                  
                                                                             
                                                          )                  


                                     ORDER

   Adopted: May 17, 2007   Released: June 1, 2007

   By the Commission:

    1. On June 15, 2006, President George W. Bush signed into law The
       Broadcast Decency Enforcement Act of 2005 ("Broadcast Decency
       Enforcement Act"). The legislation amends Section 503(b)(2) of the
       Communications Act of 1934, as amended ("Communications Act"), 47
       U.S.C. S 503(b)(2), to increase the maximum forfeiture penalties for
       obscene, indecent, and profane broadcasts. This Order amends Section
       1.80(b)(1) of the Commission's Rules ("Rules"), 47 C.F.R. S
       1.80(b)(1), to reflect the new penalties.

    2. Section 1.80(b)(1) of the Rules specifies the maximum possible
       forfeiture penalties for a range of violations, including, but not
       limited to: failure to comply with the terms and conditions of any
       Commission license, permit, certificate or instrument of
       authorization; failure to comply with any provision of the
       Communications Act or any Commission rule, regulation or order; and
       violation of section 1304 (broadcast of lottery information), 1343
       (fraud by wire, radio or television) and 1464 (broadcast of obscene,
       indecent, or profane material) of Title 18, United States Code. Under
       the rule, the Commission may propose forfeitures against broadcast
       licensees of up to $32,500 for each violation or each day of a
       continuing violation, except that the amount assessed for any
       continuing violation shall not exceed $325,000 for any single act or
       failure to act. The Broadcast Decency Enforcement Act increases those
       amounts for obscene, indecent, or profane broadcasts. Specifically,
       the new law raises the maximum forfeiture for the broadcast of
       obscenity, indecency, or profanity to $325,000 for each violation or
       each day of a continuing violation, except that the amount assessed
       for any continuing violation shall not exceed $3,000,000 for any
       single act or failure to act. Accordingly, Section 1.80(b)(1) will be
       modified to reflect the new maximum penalties specified in the
       legislation.

    3. This Order is limited to revising Section 1.80(b)(1) pursuant to the
       Broadcast Decency Enforcement Act, which concerns only penalties for
       obscenity, indecency, and profanity broadcast violations. The existing
       penalty limits described in Section 1.80(b)(1) would remain as the
       applicable maxima for all other broadcast violations subject to that
       rule.

    4. The rule change adopted in this Order merely implements a specific
       statutory command and does not involve discretionary action on the
       part of the Commission. Accordingly, we find that, for good cause,
       compliance with the notice and comment provisions of the
       Administrative Procedure Act is unnecessary.

    5. Since a notice of proposed rulemaking is not required, the Regulatory
       Flexibility Act,
       5 U.S.C. S 601 et. seq., does not apply.

    6. The actions taken herein have been analyzed with respect to the
       Paperwork Reduction Act of 1995 and found to impose no new or modified
       reporting and record keeping requirements or burdens on the public. In
       addition, therefore, our actions do not impose any new or modified
       information collection burden "for small business concerns with fewer
       than 25 employees," pursuant to the Small Business Paperwork Relief
       Act of 2002, Pub. L. No. 107-198, see 44 U.S.C. S 3506(c)(4).

    7. Accordingly, pursuant to Sections 4(i) and 303(r) of the
       Communications Act of 1934, as amended, 47 U.S.C. SS 154(i) and
       303(r), and The Broadcast Decency Enforcement Act of 2005, IT IS
       ORDERED that 47 C.F.R. S 1.80(b)(1) is AMENDED as set forth in the
       Appendix, EFFECTIVE 30 days after publication in the Federal Register.

    8. The Commission will send a copy of this Order in a report to be sent
       to Congress and the Government Accountability Office pursuant to the
       Congressional Review Act, see 5 U.S.C.
       S 801(a)(1)(A).

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                                   FINAL RULE

   Part 1 of Title 47 of the Code of Federal Regulations is amended as
   follows:

   Part 1---PRACTICE AND PROCEDURE

   Subpart A---General Rules of Practice and Procedure

   MISCELLANEOUS PROCEEDINGS

    1. The authority citation for Part 1 continues to read as follows:

   Authority: 47 U.S.C. 151, 154(i) and (j), 155, 157, 225, 303(r), and 309.

    2. Section 1.80 is amended by revising paragraph (b)(1) to read as
       follows:

   S 1.80 Forfeiture proceedings.

   * * * * *

   (b) Limits on the amount of forfeiture assessed.  (1) If the violator

   is a broadcast station licensee or permittee, a cable television

   operator, or an applicant for any broadcast or cable television operator

   license, permit, certificate, or other instrument of authorization

   issued by the Commission, except as otherwise noted in this paragraph,

   the forfeiture penalty under this section shall not exceed $32,500 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

   $325,000 for any single act or failure to act described in paragraph (a)

   of this section. There is no limit on forfeiture assessments for EEO

   violations by cable operators that occur after notification by the

   Commission of a potential violation. See section 634(f)(2) of the

   Communications Act. Notwithstanding the foregoing in this section,

   if the violator is a broadcast station licensee or permittee or an
   applicant

   for any broadcast license, permit, certificate, or other instrument of

   authorization issued by the Commission, and if the violator is determined

   by the Commission to have broadcast obscene, indecent, or profane

   material, the forfeiture penalty under this section 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 described in paragraph (a) of this
   section.

   *  * * * *

   Pub. L. No. 109-235, 120 Stat. 491 (2006).

   The current maximum penalty amounts became effective September 7, 2004,
   when the Commission amended its rules to increase the maximum penalties to
   account for inflation since the last adjustment of the penalty rates. See
   Amendment of Section 1.80(b) of the Commission's Rules, Order, 19 FCC Rcd
   10945, 10946 P 6 (2004).

   See 5 U.S.C. S 553(b)(B).

   See 5 U.S.C. SS 603-604.

   (Continued from previous page)

   (continued....)

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