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Federal Communications Commission DA 18-12
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Amendment of Section 1.80(b) of the 
Commission’s Rules
Adjustment of Civil Monetary Penalties to Reflect
Inflation 
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)
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ORDER
Adopted:  January 5, 2018 Released:  January 5, 2018
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. This Order amends Section 1.80(b) of the Commission’s rules
1
 to adjust the forfeiture 
penalties for inflation, in accordance with the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (the 2015 Inflation Adjustment Act).
2
  That Act requires agencies, starting in 
2017, to adjust annually the civil monetary penalties covered thereunder, and to publish each such annual 
adjustment by January 15.
3
  The 2015 Inflation Adjustment Act provides that the new penalty levels shall 
apply to penalties assessed after the effective date of the increase, “including [penalties] whose associated 
violation predated such increase.”
4
II. DISCUSSION
2. The Bipartisan Budget Act of 2015 included, as Section 701 thereto, the 2015 Inflation 
Adjustment Act, which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 
101-410), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect.  
That statute requires annual inflation adjustments for “any penalty, fine, or other sanction that . . . is for a 
specific monetary amount as provided by Federal law . . . or . . . has a maximum amount provided for by 
Federal law; and . . . is assessed or enforced by any agency pursuant to Federal law; and . . . is assessed or 
enforced pursuant to an administrative proceeding or a civil action in the Federal courts.”
5
  This 
1
 47 CFR § 1.80(b).
2
 Pub. L. No. 114-74, § 701, 129 Stat. 584, 599.  The 2015 Inflation Adjustment Act amended the Federal Civil 
Penalties Inflation Adjustment Act of 1990, which is codified, as amended, at 28 U.S.C. § 2461 note (Inflation 
Adjustment Act).
3
 Inflation Adjustment Act § 4(a).  See also Memorandum for the Heads of Executive Departments and Agencies re 
Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, M-18-03, Dec. 15, 2017 (OMB Dec. 2017 Guidance) at 1, available at 
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. 
4
 Inflation Adjustment Act § 6.  See also OMB Dec. 2017 Guidance at 4.
5
 Inflation Adjustment Act § 3(2), quoted in OMB Dec. 2017 Guidance at 2.
Federal Communications Commission DA 18-12
2
adjustment thus applies only to penalties with a dollar amount.
6
  The adjustments are calculated pursuant 
to Office of Management and Budget (OMB) guidance.
7
3. On December 15, 2017, the Director of OMB issued guidance on the implementation of 
the 2017 annual adjustment rate pursuant to the 2015 Inflation Adjustment Act,
8
 and this Order follows 
that guidance.  OMB instructs that, in order to complete the 2018 annual adjustment, the Commission 
must first identify the applicable civil monetary penalties.
9
  Then the Commission must apply the OMB-
supplied 2018 adjustment multiplier, which is 1.02041, to the most recently established or adjusted 
penalty amount.
10
  Then the Commission must round each penalty amount to the nearest dollar.
11
  
4. For 2018, the adjusted penalty or penalty range for each applicable penalty is calculated 
by multiplying the most recent penalty amount by the 2018 annual adjustment (1.02041), then rounding 
the result to the nearest dollar.
12
 Attachment A provides a summary comparison of the 2017 adjustments 
with the 2018 adjustments.  The adjustments in civil monetary penalties that we adopt in this Order apply 
only to such penalties assessed on and after January 15, 2018. 
III. PROCEDURAL MATTERS
5. The Enforcement Bureau is responsible for, among other things, rulemaking proceedings 
regarding general enforcement policies and procedures.
13
  Further, the Commission delegated to the 
Chief, Enforcement Bureau authority to perform such rulemaking functions that do not involve “[n]otices 
of proposed rulemaking and of inquiry and final orders in such proceedings.”
14
  In the 2015 Inflation 
Adjustment Act, Congress has mandated the periodic adjustment of the Commission’s civil monetary 
penalties to reflect inflation and specified the formula for calculating such adjustment, and the 
Commission has no discretion to set alternative levels of adjusted civil monetary penalties.  Moreover, 
that Act expressly provided that the annual adjustments shall be made “notwithstanding” the notice and 
comment rulemaking procedures that might otherwise apply under Section 553 of the Administrative 
Procedure Act.
15
  Therefore, action on delegated authority is properly taken in this Order amending the 
Commission’s maximum civil monetary penalties, which are a part of the Commission’s general 
enforcement policies and procedures.  In addition, because a notice of proposed rulemaking is not 
required for these rule changes, no regulatory flexibility analysis is required.
16
6. We have analyzed the actions taken herein with respect to the Paperwork Reduction Act 
of 1995 (PRA),
17
 and we find them to impose no new or modified information collection(s) subject to the 
6
 See OMB Dec. 2017 Guidance at 3.
7
 Inflation Adjustment Act § 7.  
8
 OMB Dec. 2017 Guidance.
9
 OMB Dec. 2017 Guidance at 2.
10
 Id.  The adjustment is “based on the percent change between each published October's CPI-U.  In this case, 
October 2017 CPI-U (246.663) I October 2016 CPI-U (241.729) = 1.02041.”  Id. at 1 n.4.  See also Inflation 
Adjustment Act § 5(b)(1).
11
 OMB Dec. 2017 Guidance at 3.  
12
 Id.
13
 See 47 CFR § 0.111(a)(22).
14
 47 CFR § 0.311(a)(1).  
15
 Inflation Adjustment Act § 4(b)(2).  See also OMB Dec. 2017 Guidance at 4.
16
 5 U.S.C. § 604(a).
17
 Pub. L. No. 104-13, 109 Stat. 163 (codified at 13 U.S.C. § 91, 44 U.S.C. §§ 101 note, and 44 U.S.C. §§ 3501-
3520).
Federal Communications Commission DA 18-12
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PRA.  In addition, therefore, pursuant to the Small Business Paperwork Relief Act of 2002,
18
 our actions 
do not impose any new or modified “information collection burden for small business concerns with 
fewer than 25 employees.”
19
IV. ORDERING CLAUSES
7. Accordingly, pursuant to the Bipartisan Budget Act of 2015, 28 U.S.C. § 2461 note, and 
Sections 0.111(a)(22) and 0.311 of the Commission’s rules, 47 CFR §§ 0.111(a)(22), 0.311, IT IS 
ORDERED that this Order IS ADOPTED.
8. IT IS FURTHER ORDERED that Section 1.80(b) of the Commission’s rules, 47 CFR § 
1.80(b), is AMENDED as set forth in the Appendix.
9. IT IS FURTHER ORDERED that this Order and the foregoing amendments to the 
Commission’s rules SHALL BE EFFECTIVE upon publication in the Federal Register.  
10. IT IS FURTHER ORDERED that the Enforcement Bureau shall coordinate with the 
Commission’s Consumer & Governmental Affairs Bureau, Reference Information Center, TO SEND a 
copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional 
Review Act, 5 U.S.C. § 801(a)(1)(A).
FEDERAL COMMUNICATIONS COMMISSION
Rosemary C. Harold
Bureau Chief
Enforcement Bureau
18
 Pub. L. No. 107-198, 116 Stat. 729 (codified at 5 U.S.C. § 601 note, 44 U.S.C. §§ 101 note, 3504, 3506, 3520, 
3521).
19
 See 44 U.S.C. § 3506(c)(4).
Federal Communications Commission DA 18-12
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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 is revised to read as follows:
Authority:  47 U.S.C. 34-39, 151, 154(i), 154(j), 155, 157, 160, 201, 225, 227, 303, 309, 310, 332, 1403, 
1404, 1451, 1452, 1455; 28 U.S.C. 2461 note.
2. Section 1.80 is amended by revising the table following paragraph (b)(8) “Section III. Non-
Section 503 Forfeitures That Are Affected by the Downward Adjustment Factors” and revising paragraph 
(b)(9) to read as follows:
§1.80  Forfeiture proceedings.
* * * * *
Section III. Non-Section 503 Forfeitures That Are Affected by the Downward Adjustment Factors
*****
-------------------------------------------------------------
Violation
Statutory
Amount
($)
Sec. 202(c) Common Carrier Discrimination …… 
Sec. 203(e) Common Carrier Tariffs …………….
Sec. 205(b) Common Carrier Prescriptions ……...
Sec. 214(d) Common Carrier Line Extensions ….. 
Sec. 219(b) Common Carrier Reports …………
Sec. 220(d) Common Carrier Records & Accounts 
Sec. 223(b) Dial-a-Porn ………………………….
Sec. 227(e) Caller Identification ………………....
Sec. 364(a) Forfeitures (Ships) ………………….. 
$11,784, $589/day
$11,784, $589/day
$23,566
$2,356/day
$2,356/day
$11,784/day
$122,110/day
$11,278/violation
$33,833/day for each day of continuing violation,
up to $1,127,799 for any single act or failure to 
act
$9,819/day (owner)
Federal Communications Commission DA 18-12
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Sec. 364(b) Forfeitures (Ships) …………………. 
Sec. 386(a) Forfeitures (Ships) …………………. 
Sec. 386(b) Forfeitures (Ships) …………………. 
Sec. 634 Cable EEO ………………………….…. 
$1,964 (vessel master)
$9,819/day (owner)
$1,964 (vessel master)
$870/day
 
(9) Inflation adjustments to the maximum forfeiture amount.
(i) Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public 
Law 114-74 (129 Stat. 599-600), which amends the Federal Civil Monetary Penalty Inflation Adjustment 
Act of 1990, Public Law 101-410 (104 Stat. 890; 28 U.S.C. 2461 note), the statutory maximum amount of 
a forfeiture penalty assessed under this section shall be adjusted annually for inflation by order published 
no later than January 15 each year  Annual inflation adjustments will be based on the percentage (if any) 
by which the CPI-U for October preceding the date of the adjustment exceeds the prior year’s CPI-U for 
October.  The Office of Management and Budget (OMB) will issue adjustment rate guidance no later than 
December 15 each year to adjust for inflation in the CPI-U as of the most recent October.  
(ii) The application of the annual inflation adjustment required by the foregoing Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 results in the following adjusted statutory maximum 
forfeitures authorized by the Communications Act:
U.S. Code citation Maximum Penalty after
2018 Annual  Inflation Adjustment 
47 U.S.C. 202(c) …………………………………
47 U.S.C. 203(e) …………………………………
47 U.S.C. 205(b) ……............................................
47 U.S.C. 214(d) ….. …………………………….
47 U.S.C. 219(b) …………………………………
47 U.S.C. 220(d) ………………………………… 
47 U.S.C. 223(b) …………………………………
47 U.S.C. 227(e) …………………………………
47 U.S.C. 362(a) …………………………………
47 U.S.C. 362(b) ………………………………… 
47 U.S.C. 386(a) …………………. ……………..
47 U.S.C. 386(b) …………………. ……………..
47 U.S.C. 503(b)(2)(A) …………………………..
$11,784
$589
$11,784
$589
$23,566
$2,356
$2,356
$11,784
$122,110
$11,278
$33,833
$1,127,799
$9,819
$1,964
$9,819
$1,964
$49,096
Federal Communications Commission DA 18-12
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47 U.S.C. 503(b)(2)(B) ………………...………...
$490,967
$196,387
$1,963,870
47 U.S.C. 503(b)(2)(C) ………………………….. $397,251
47 U.S.C. 503(b)(2)(D) …………………………..
$3,666,930
$19,639
47 U.S.C. 503(b)(2)(F)
47 U.S.C. 507(a) ………………...……………….
$147,290
$112,780
$1,127,799
$1,945
47 U.S.C. 507(b) ……………………………….... $285
47 U.S.C. 554 ……………………………………. $870
 * * * * *
Federal Communications Commission DA 18-12
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 ATTACHMENT A
Section 1.80 Maximum Forfeiture Penalties 
U.S. Code Citation 2017 Maximum Forfeiture 
Penalty (effective January 24, 
2017)
2018 Maximum Forfeiture 
Penalty (effective January 15, 
2018) 
47 U.S.C. 202(c) $11,548
$577/day
$11,784
$589/day 
47 U.S.C. 203(e) $11,548
$577/day
$11,784
$589/day
47 U.S.C. 205(b) $23,095 $23,566
47 U.S.C. 214(d) $2,309 $2,356
47 U.S.C. 219(b) $2,309 $2,356
47 U.S.C. 220(d) $11,548 $11,784
47 U.S.C. 223(b) $119,668 $122,110
47 U.S.C. 227(e) $11,052/violation
$33,156/day for each day of 
continuing violation up to
$1,105,241 for any single act or 
failure to act
$11,278/violation
$33,833/day for each day of 
continuing violation up to
$1,127,799 for any single act or 
failure to act
47 U.S.C. 364(a) $9,623 $9,819
47 U.S.C. 364(b) $1,925 $1,964
47 U.S.C. 386(a) $9,623 $9,819
47 U.S.C. 386(b) $1,925 $1,964
47 U.S.C. 503(b)(2)(A) $48,114/violation or each day of 
a continuing violation
up to
$481,147 for any single act or 
failure to act
$49,096/violation or each day of 
a continuing violation
up to
$490,967 for any single act or 
failure to act
47 U.S.C. 503(b)(2)(B) $192,459/violation or each day 
of a continuing violation up to 
$1,924,589 for any single act or 
failure to act
$196,387/violation or each day 
of a continuing violation up to 
$1,963,870 for any single act or 
failure to act
47 U.S.C. 503(b)(2)(C) $389,305/violation or each day 
of a continuing violation up to 
$3,593,585 for any single act or 
failure to act
$397,251/violation or each day 
of a continuing violation up to 
$3,666,930 for any single act or 
failure to act
47 U.S.C. 503(b)(2)(D) $19,246/violation or each day of 
a continuing violation
up to $144,344 for any single 
act or failure to act
$19,639/violation or each day of 
a continuing violation
up to $147,290 for any single 
act or failure to act
47 U.S.C. 503(b)(2)(F) $110,524/violation or each day 
of a continuing violation up to
$1,105,241 for any single act or 
failure to act
$112,780/violation or each day 
of a continuing violation up to
$1,127,799 for any single act or 
failure to act
47 U.S.C. 507(a) $1,906 $1,945
47 U.S.C. 507(b) $279 $285
47 U.S.C. 554 $853 $870