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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                               )                             
                                                                             
                                               )                             
                                                                             
                                               )                             
     In the Matter of                                                        
                                               )                             
     Amendment of Section 1.80(b) of the                                     
     Commission's Rules                        )   EB File No. EB-06-SE-132  
                                                                             
     Adjustment of Forfeiture Maxima to        )                             
     Reflect Inflation                                                       
                                               )                             
                                                                             
                                               )                             
                                                                             
                                               )                             


                                     ORDER

   Adopted: June 13, 2008 Released: June 13, 2008

   By the Commission:

    1. This Order amends Section 1.80(b) of the Commission's Rules ("Rules"),
       47 C.F.R.
       S: 1.80(b), to increase the maximum forfeiture penalties established
       in that section to account for inflation since the last adjustment to
       these penalties. The adjustment procedure is set forth in detail in
       Section 1.80(b)(5) of the Rules, 47 C.F.R. S: 1.80(b)(5). That section
       implements the Debt Collection Improvement Act of 1996, 28 U.S.C. S:
       2461, which requires federal agencies to adjust maximum statutory
       civil monetary penalties at least once every four years.

    2. This Order adjusts the maximum penalties to account for the increase
       in the Consumer Price Index (CPI) between June of the year the
       forfeiture amount was last set or adjusted, and June 2007. We then
       have rounded the increase in the CPI for each forfeiture amount using
       the statutorily prescribed rules to produce the adjusted penalties.

    3. The amendment of Section 1.80(b) implements the requirements of the
       Debt Collection Improvement Act of 1986, 28 U.S.C. S: 2461, as
       incorporated in Section 1.80(b)(5) of our rules. Since Congress has
       mandated these periodic rule changes and the Commission has no
       discretion but to make them, we find that, for good cause, compliance
       with the notice and comment provisions of the Administrative Procedure
       Act is unnecessary.

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

    5. 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, 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 Reduction Act of
       2002, Pub. L. No. 107-198, see 44 U.S.C. S: 3506(c)(4).

    6. Accordingly, pursuant to Sections 4(i) and 303(r) of the
       Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i) and
       303(r), and the Debt Collection and Improvement Act of 1996, 28 U.S.C.
       S: 2461, IT IS ORDERED that 47 C.F.R. S: 1.80(b) is AMENDED as set
       forth in the Appendix, EFFECTIVE 30 days after publication in the
       Federal Register.

    7. The Commission will send a copy of this Order in a report 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

   Part 1 of Chapter 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, 225, 303(r), and 309.

    2. Section. 1.80 is amended by revising paragraph (b) 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 $37,500 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

   $375,000 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. * * *

   (2) If the violator is a common carrier subject to the provisions of

   the Communications 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

   section shall not exceed $150,000 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 $1,500,000 for any single act or

   failure to act described in paragraph (a) of this section.

   (3) In any case not covered in paragraphs (b)(1) or (b)(2) of this

   section, the amount of any forfeiture penalty determined under this

   section shall not exceed $16,000 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 $112,500 for any single act or

   failure to act described in paragraph (a) of this section.

   (4) Factors considered in determining the amount of the forfeiture
   penalty.

   In determining the amount of the forfeiture penalty, the

   Commission or its designee will take into account the nature,

   circumstances, extent and gravity of the violations 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.

   Note to paragraph (b)(4):

   GUIDELINES FOR ASSESSING FORFEITURES

   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 ceiling per violation or per

   day for a continuing violation stated in Section 503 of the Communications

   Act and the Commission's Rules are described in Section 1.80(b)(5)(iii).

   These statutory maxima became effective 30 days after publication in

   the Federal Register. Forfeitures issued under other sections of the Act

   are dealt with separately in Section III of this Note.

   * * * * *

   Section III. Non-Section 503 Forfeitures That are Affected by the

   Downward Adjustment Factors

   Unlike Section 503 of the Act, which establishes maximum forfeiture

   amounts, other sections of the Act, with one exception, state prescribed

   amounts of forfeitures for violations of the relevant section. These

   amounts are then subject to mitigation or remission under Section 504 of

   the Act. The one exception is Section 223 of the Act which provides a

   maximum forfeiture per day. For convenience, the Commission will treat

   this amount as if it were a prescribed base amount, subject to downward

   adjustments. The following amounts are adjusted for inflation pursuant to

   the Debt Collection Improvement Act of 1996 (DCIA), 28 U.S.C. S: 2461.

   These non-Section 503 forfeitures may be adjusted downward using

   the "Downward Adjustment Criteria'' shown for Section 503 forfeitures

   in Section II of this Note.

   --------------------------------------------------------------------------

   Statutory

   Violation amount ($)

   ---------------------------------------------------------------------------

   Sec. 202(c) Common Carrier Discrimination ...... $9,600 530/day.

   Sec. 203(e) Common Carrier Tariffs ................. 9,600 530/day.

   Sec. 205(b) Common Carrier Prescriptions ........ 18,200.

   Sec. 214(d) Common Carrier Line Extensions ..... 1,320/day.

   Sec. 219(b) Common Carrier Reports ............... 1,320.

   Sec. 220(d) Common Carrier Records & Accounts 9,600/day.

   Sec. 223(b) Dial-a-Porn ............................... 75,000/day.

   Sec. 364(a) Forfeitures (Ships) ....................... 7,500 (owner).

   Sec. 364(b) Forfeitures (Ships) ...................... 1,100 (vessel
   master).

   Sec. 386(a) Forfeitures (Ships) ..................... 7,500/day (owner).

   Sec. 386(b) Forfeitures (Ships) ..................... 1,100 (vessel
   master).

   Sec. 634 Cable EEO ................................... 650/day.

   --------------------------------------------------------------------------------------

   (5) Inflation adjustments to the maximum forfeiture amount. (i) ***

   (ii)***

   (iii) The application of the inflation adjustments required by the

   DCIA, 28 U.S.C. S: 2461, results in the following adjusted statutory

   maximum forfeitures authorized by the Communications Act:

   ---------------------------------------------------------------------------

   Maximum penalty after

   U.S. Code citation DCIA adjustment

   ---------------------------------------------------------------------------

   47 U.S.C. 202(c).................................. $9,600

   530

   47 U.S.C. 203(e)................................. 9,600

   530

   47 U.S.C. 205(b)................................. 18,200

   47 U.S.C. 214(d)................................. 1,320

   47 U.S.C. 219(b)................................. 1,320

   47 U.S.C. 220(d)................................. 9,600

   47 U.S.C. 223(b)......................... 75,000

   47 U.S.C. 362(a)................................. 7,500

   47 U.S.C. 362(b)................................. 1,100

   47 U.S.C. 386(a)................................. 7,500

   47 U.S.C. 386(b)................................. 1,100

   47 U.S.C. 503(b)(2)(A)....................... 37,500

   375,000

   47 U.S.C. 503(b)(2)(B)........................ 150,000

   1,500,000

   47 U.S.C. 503(b)(2)(C)....................... 325,000

   3,000,000

   47 U.S.C. 503(b)(2)(D)....................... 16,000

   112,500

   47 U.S.C. 507(a).................................. 750

   47 U.S.C. 507(b).................................. 110

   47 U.S.C. 554....................................... 650

   --------------------------------------------------------------------------

   * * * * *

   See Amendment of Section 1.80(b) of the Commission's Rules, Adjustment of
   Forfeiture Maxima to Reflect Inflation, Order, 19 FCC Rcd 10945 (2004).

   Under the rounding rules set forth in Section 1.80(b)(5)(ii), 47 C.F.R. S:
   1.80(b)(5)(ii), the inflationary adjustment for a statutory forfeiture
   amount must reach a specific threshold before we may increase the maximum
   forfeiture amount. That adjustment is based on the difference between the
   CPI of "June of the preceding year" (here, June 2007) and that of June of
   the year a particular forfeiture was "last set or adjusted." 47 C.F.R. S:
   1.80(b)(5)(i). Thus, the June 1995 CPI is used to calculate the inflation
   factors for the statutory forfeiture amounts in 47 U.S.C. S:S: 362(b),
   386(b), 503(b)(2)(D) (the amount for a single violation or single day of a
   violation), and 507(b). The June 1999 CPI is used to calculate the
   inflation factor for the statutory forfeiture amount in 47 U.S.C. S:
   223(b). The June 2003 CPI is used to calculate the inflation factors for
   the remaining statutory forfeiture amounts, except for 47 U.S.C. S:
   503(b)(2)(C). The Broadcast Decency Enforcement Act of 2005, which was
   signed into law on June 15, 2006, implemented by the Commission on June 1,
   2007, and codified at 47 U.S.C. S: 503(b)(2)(C), increased the maximum
   forfeiture penalties for obscene, indecent, and profane broadcasts. The
   date on which the Commission implemented the Broadcast Decency Enforcement
   Act constitutes the date on which the maximum forfeiture amount was "last
   set or adjusted." Therefore, the June 2007 CPI is the relevant measure for
   purposes of calculating the inflation factor for the maximum statutory
   forfeiture amount pursuant to 47 U.S.C. S: 503(b)(2)(C). Given that this
   measure is the same as the CPI for "June of the preceding year," the
   forfeiture maxima under 47 U.S.C.
   S: 503(b)(2)(C) remains unchanged.

   We note that the maximum statutory forfeiture penalty for violation of
   Section 223(b) of the Communications Act of 1934, as amended, 47 U.S.C. S:
   223(b), was inadvertently omitted from Section 1.80(b) of the Rules when
   the penalties in that section were adjusted to account for inflation in
   2004. This Order corrects that omission by reinserting the adjusted
   penalty for violation of Section 223(b) in Section 1.80(b).

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

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

   (Continued from previous page)

   (continued....)

   Federal Communications Commission FCC 08-154

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   Federal Communications Commission FCC 08-154