[AMRadio] Baxter gets it


Mike Dorworth,K4XM k4xm at arczip.com
Fri Jun 17 19:33:10 EDT 2005


And does the FCC have the authority and the power to actually
"take" money from him?
----- 

in fact they do. You should read 47USC section 503. They are limited to
$25,000 each day for each violation. Depending upon the number of violations
this can add up quickly!

The way it works, the Attorney General of the United is REQUIRED to go to a
District Court and the judges will order it done and jail those in contempt
of the order. If you will also read carefully, once the order is made it has
been made by congress not appealable to ANY court. In other words the FCC is
the due process.

TITLE 47 > CHAPTER 5 > SUBCHAPTER V > § 503
§ 503. Forfeitures


Release date: 2005-03-17

(a) Rebates and offsets Any person who shall deliver messages for interstate
or foreign transmission to any carrier, or for whom as sender or receiver,
any such carrier shall transmit any interstate or foreign wire or radio
communication, who shall knowingly by employee, agent, officer, or
otherwise, directly or indirectly, by or through any means or device
whatsoever, receive or accept from such common carrier any sum of money or
any other valuable consideration as a rebate or offset against the regular
charges for transmission of such messages as fixed by the schedules of
charges provided for in this chapter, shall in addition to any other penalty
provided by this chapter forfeit to the United States a sum of money three
times the amount of money so received or accepted and three times the value
of any other consideration so received or accepted, to be ascertained by the
trial court; and in the trial of said action all such rebates or other
considerations so received or accepted for a period of six years prior to
the commencement of the action, may be included therein, and the amount
recovered shall be three times the total amount of money, or three times the
total value of such consideration, so received or accepted, or both, as the
case may be.
(b) Activities constituting violations authorizing imposition of forfeiture
penalty; amount of penalty; procedures applicable; persons subject to
penalty; liability exemption period
(1) Any person who is determined by the Commission, in accordance with
paragraph (3) or (4) of this subsection, to have-
(A) willfully or repeatedly failed to comply substantially with the terms
and conditions of any license, permit, certificate, or other instrument or
authorization issued by the Commission;
(B) willfully or repeatedly failed to comply with any of the provisions of
this chapter or of any rule, regulation, or order issued by the Commission
under this chapter or under any treaty, convention, or other agreement to
which the United States is a party and which is binding upon the United
States;
(C) violated any provision of section 317 (c) or 509 (a) of this title; or
(D) violated any provision of section 1304, 1343, or 1464 of title 18;
shall be liable to the United States for a forfeiture penalty. A forfeiture
penalty under this subsection shall be in addition to any other penalty
provided for by this chapter; except that this subsection shall not apply to
any conduct which is subject to forfeiture under subchapter II of this
chapter, part II or III of subchapter III of this chapter, or section 507 of
this title.
(2)
(A) If the violator is
(i) a broadcast station licensee or permittee,
(ii) a cable television operator, or
(iii) an applicant for any broadcast or cable television operator license,
permit, certificate, or other instrument or authorization issued by the
Commission, the amount of any forfeiture penalty determined under this
section shall not exceed $25,000 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 $250,000 for any single act or failure
to act described in paragraph (1) of this subsection.
(B) If the violator is a common carrier subject to the provisions of this
chapter 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 subsection shall not exceed
$100,000 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 $1,000,000 for any single act or failure to act described in
paragraph (1) of this subsection.
(C) In any case not covered in subparagraph (A) or (B), the amount of any
forfeiture penalty determined under this subsection shall not exceed $10,000
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
$75,000 for any single act or failure to act described in paragraph (1) of
this subsection.
(D) The amount of such forfeiture penalty shall be assessed by the
Commission, or its designee, by written notice. In determining the amount of
such a forfeiture penalty, the Commission or its designee shall take into
account the nature, circumstances, extent, and gravity of the violation 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.
(3)
(A) At the discretion of the Commission, a forfeiture penalty may be
determined against a person under this subsection after notice and an
opportunity for a hearing before the Commission or an administrative law
judge thereof in accordance with section 554 of title 5. Any person against
whom a forfeiture penalty is determined under this paragraph may obtain
review thereof pursuant to section 402 (a) of this title.
(B) If any person fails to pay an assessment of a forfeiture penalty
determined under subparagraph (A) of this paragraph, after it has become a
final and unappealable order or after the appropriate court has entered
final judgment in favor of the Commission, the Commission shall refer the
matter to the Attorney General of the United States, who shall recover the
amount assessed in any appropriate district court of the United States. In
such action, the validity and appropriateness of the final order imposing
the forfeiture penalty shall not be subject to review.
(4) Except as provided in paragraph (3) of this subsection, no forfeiture
penalty shall be imposed under this subsection against any person unless and
until-
(A) the Commission issues a notice of apparent liability, in writing, with
respect to such person;
(B) such notice has been received by such person, or until the Commission
has sent such notice to the last known address of such person, by registered
or certified mail; and
(C) such person is granted an opportunity to show, in writing, within such
reasonable period of time as the Commission prescribes by rule or
regulation, why no such forfeiture penalty should be imposed.
Such a notice shall
(i) identify each specific provision, term, and condition of any Act, rule,
regulation, order, treaty, convention, or other agreement, license, permit,
certificate, instrument, or authorization which such person apparently
violated or with which such person apparently failed to comply;
(ii) set forth the nature of the act or omission charged against such person
and the facts upon which such charge is based; and
(iii) state the date on which such conduct occurred. Any forfeiture penalty
determined under this paragraph shall be recoverable pursuant to section 504
(a) of this title.
(5) No forfeiture liability shall be determined under this subsection
against any person, if such person does not hold a license, permit,
certificate, or other authorization issued by the Commission, and if such
person is not an applicant for a license, permit, certificate, or other
authorization issued by the Commission, unless, prior to the notice required
by paragraph (3) of this subsection or the notice of apparent liability
required by paragraph (4) of this subsection, such person
(A) is sent a citation of the violation charged;
(B) is given a reasonable opportunity for a personal interview with an
official of the Commission, at the field office of the Commission which is
nearest to such person's place of residence; and
(C) subsequently engages in conduct of the type described in such citation.
The provisions of this paragraph shall not apply, however, if the person
involved is engaging in activities for which a license, permit, certificate,
or other authorization is required, or is a cable television system
operator, if the person involved is transmitting on frequencies assigned for
use in a service in which individual station operation is authorized by rule
pursuant to section 307 (e) of this title, or in the case of violations of
section 303 (q) of this title, if the person involved is a nonlicensee tower
owner who has previously received notice of the obligations imposed by
section 303 (q) of this title from the Commission or the permittee or
licensee who uses that tower. Whenever the requirements of this paragraph
are satisfied with respect to a particular person, such person shall not be
entitled to receive any additional citation of the violation charged, with
respect to any conduct of the type described in the citation sent under this
paragraph.
(6) No forfeiture penalty shall be determined or imposed against any person
under this subsection if-
(A) such person holds a broadcast station license issued under subchapter
III of this chapter and if the violation charged occurred-
(i) more than 1 year prior to the date of issuance of the required notice or
notice of apparent liability; or
(ii) prior to the date of commencement of the current term of such license,
whichever is earlier; or
(B) such person does not hold a broadcast station license issued under
subchapter III of this chapter and if the violation charged occurred more
than 1 year prior to the date of issuance of the required notice or notice
of apparent liability.
For purposes of this paragraph, "date of commencement of the current term of
such license" means the date of commencement of the last term of license for
which the licensee has been granted a license by the Commission. A separate
license term shall not be deemed to have commenced as a result of continuing
a license in effect under section 307 (c) of this title pending decision on
an application for renewal of the license.






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