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15798

Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations
ii Any person who willfully and knowingly violates the Act or any rule, regulation, restriction, or condition made or imposed by the Commission under authority of the Act, or any rule, regulation, restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is party, relating to pirate radio broadcasting shall, in addition to any other penalties provided by law, be subject to a fine of not more than
$101,182 for each day during which such offense occurs, in accordance with the limit described in this section.

9 Maximum forfeiture penalty for any case not previously covered. In any case not covered in paragraphs b1
through 8 of this section, the amount of any forfeiture penalty determined under this section shall not exceed $20,731 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
$155,485 for any single act or failure to act described in paragraph a of this section.
10 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.

TABLE 1 TO PARAGRAPH b10BASE AMOUNTS FOR SECTION 503 FORFEITURES
Violation amount
Forfeitures Misrepresentation/lack of candor
Construction and/or operation without an instrument of authorization for the service
Failure to comply with prescribed lighting and/or marking
Violation of public file rules
Violation of political rules: Reasonable access, lowest unit charge, equal opportunity, and discrimination
Unauthorized substantial transfer of control
Violation of childrens television commercialization or programming requirements
Violations of rules relating to distress and safety frequencies
False distress communications
EAS equipment not installed or operational
Alien ownership violation
Failure to permit inspection
Transmission of indecent/obscene materials
Interference
Importation or marketing of unauthorized equipment
Exceeding of authorized antenna height
Fraud by wire, radio or television
Unauthorized discontinuance of service
Use of unauthorized equipment
Exceeding power limits
Failure to respond to Commission communications
Violation of sponsorship ID requirements
Unauthorized emissions
Using unauthorized frequency
Failure to engage in required frequency coordination
Construction or operation at unauthorized location
Violation of requirements pertaining to broadcasting of lotteries or contests
Violation of transmitter control and metering requirements
Failure to file required forms or information
Failure to make required measurements or conduct required monitoring
Failure to provide station ID
Unauthorized pro forma transfer of control
Failure to maintain required records
1 Statutory
1 $10,000
10,000
10,000
9,000
8,000
8,000
8,000
8,000
8,000
8,000
7,000
7,000
7,000
7,000
5,000
5,000
5,000
5,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
3,000
3,000
2,000
1,000
1,000
1,000

Maximum for each Service.

TABLE 2 TO PARAGRAPH b10VIOLATIONS UNIQUE TO THE SERVICE
Violation
Services affected
Unauthorized conversion of long distance telephone service
Violation of operator services requirements
Violation of pay-per-call requirements
Failure to implement rate reduction or refund order
Violation of cable program access rules
Violation of cable leased access rules
Violation of cable cross-ownership rules
Violation of cable broadcast carriage rules
Violation of pole attachment rules
Failure to maintain directional pattern within prescribed parameters
Violation of broadcast hoax rule
AM tower fencing
Broadcasting telephone conversations without authorization
Violation of enhanced underwriting requirements

Common Carrier
Common Carrier
Common Carrier
Cable
Cable
Cable
Cable
Cable
Cable
Broadcast
Broadcast
Broadcast
Broadcast
Broadcast

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Amount $40,000
7,000
7,000
7,500
7,500
7,500
7,500
7,500
7,500
7,000
7,000
7,000
4,000
2,000