47 U.S.C. § 503 — Forfeitures

(a) Rebates and offsets. If someone delivers messages to a carrier for interstate or foreign transmission, or has a carrier transmit wire or radio communications for them, and they knowingly take a rebate or discount off the regular published charges — directly or through an employee, agent, or officer — they owe the government, on top of any other penalty this chapter provides, three times the money and three times the value of anything else they received. In the lawsuit, all such rebates received during the six years before the suit began may be included, and the total owed is three times the total money and/or three times the total value of anything else received. (b) Activities constituting violations authorizing imposition of forfeiture penalty. (1) Anyone the Commission determines, following the procedures in paragraph (3) or (4), to have: (A) willfully or repeatedly failed to substantially comply with the terms of any license, permit, certificate, or other authorization the Commission issued; (B) willfully or repeatedly failed to comply with this chapter, or with a Commission rule, regulation, or order, or with a binding international communications treaty or agreement; (C) violated section 317(c) or 509(a) of this title; or (D) violated section 1304, 1343, 1464, or 2252 of title 18; owes the United States a forfeiture penalty, on top of any other penalty this chapter provides — except this subsection doesn't apply to conduct that's already subject to forfeiture under other listed parts of this chapter. (2) Walking through the dollar caps by type of violator: (A) For a broadcast station licensee, permittee, or applicant, or a cable television operator — up to $25,000 for each violation or each day of a continuing violation, capped at $250,000 total for any one act or failure to act. (B) For a common carrier subject to this chapter, or an applicant for common-carrier authorization — up to $100,000 for each violation or day, capped at $1,000,000 total for any one act. (C) For a broadcast licensee, permittee, or applicant found to have broadcast obscene, indecent, or profane language — up to $325,000 for each violation or day, capped at $3,000,000 total. (D) For any other case not covered above — up to $10,000 for each violation or day, capped at $75,000 total. The Commission or its designee sets the actual penalty by written notice, considering the nature, circumstances, extent, and seriousness of the violation, and, as to the violator, their degree of fault, history of prior offenses, ability to pay, and anything else justice requires. (F) A manufacturer or service provider that violates the accessibility requirements of section 255, 617, or 619 owes up to $100,000 for each violation or day, capped at $1,000,000 total for any one act or failure to act. (3) At its discretion, the Commission may impose a forfeiture after giving notice and an opportunity for a hearing before the Commission or an administrative law judge, following section 554 of title 5. Anyone penalized this way may seek court review under section 402(a) of this title. If they fail to pay after the order becomes final and unappealable, or after a court enters final judgment for the Commission, the Commission refers the matter to the Attorney General, who sues to collect it in the appropriate federal district court — and the validity of the underlying order can't be challenged again in that lawsuit. (4) Except as covered in paragraph (3), the Commission may not impose a forfeiture unless it first: (A) issues a written notice of apparent liability; (B) that notice is received by the person, or sent by registered or certified mail to their last known address; and (C) the person is given a reasonable chance, set by Commission rule or regulation, to explain in writing why no forfeiture should be imposed. The notice must identify the specific provision, rule, or agreement apparently violated; describe the conduct and facts behind the charge; and state when the conduct occurred. A forfeiture determined this way is recoverable under section 504(a) of this title. (5) For someone who doesn't hold — and isn't applying for — a Commission license, permit, certificate, or authorization, no forfeiture liability may be found unless, before the formal notice steps in paragraphs (3) or (4), the Commission first: (A) sends a citation describing the violation charged; (B) gives a reasonable opportunity for a personal interview with a Commission official at the nearest field office; and (C) the person then goes on to repeat the type of conduct described in that citation. Once someone has satisfied this citation process, they're not entitled to another citation for the same type of conduct. This citation requirement doesn't apply if the person's activities require a license or authorization, if the person is a cable television system operator, if the person is transmitting on frequencies where individual station operation is authorized by rule under section 307(e), or — for violations of the tower-registration rule in section 303(q) — if the person is a non-licensee tower owner who has already gotten notice of that rule's requirements from the Commission or from the tower's licensee or permittee. (6) No forfeiture may be determined or imposed if: (A) the person holds a broadcast station license issued under this chapter's subchapter III, and the violation charged happened more than 1 year before the required notice was issued, or before the current license term began, whichever is earlier; or (B) the person doesn't hold such a license, and the violation charged happened more than 1 year before the required notice was issued. "Date of commencement of the current term of such license" means the start of the licensee's most recent license term; continuing a license in effect while a renewal application is pending doesn't count as starting a new term.