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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations TABLE 3 TO PARAGRAPH b10ADJUSTMENT CRITERIA FOR SECTION
503 FORFEITURES
Upward Adjustment Criteria:
1 Egregious misconduct.
2 Ability to pay/relative disincentive.
3 Intentional violation.
4 Substantial harm.
5 Prior violations of any FCC requirements.
6 Substantial economic gain.
7 Repeated or continuous violation.
Downward Adjustment Criteria:
1 Minor violation.
2 Good faith or voluntary disclosure.
3 History of overall compliance.
4 Inability to pay.

TABLE 4 TO PARAGRAPH b10
NON-SECTION 503 FORFEITURES
THAT ARE AFFECTED BY THE DOWNWARD ADJUSTMENT FACTORS 1
Violation Sec. 202c Common Carrier Discrimination.
Sec. 203e Common Carrier Tariffs.
Sec. 205b Common Carrier Prescriptions.
Sec. 214d Common Carrier Line Extensions.
Sec. 219b Common Carrier Reports.
Sec. 220d Common Carrier Records &
Accounts.
Sec. 223b Dial-a-Porn.

Statutory amount after 2021
annual inflation adjustment $12,439, $622/day.

$12,439, $622/day.

$24,877.

$2,487/day.

$2,487/day.

$12,439/day.

$128,904/day.

TABLE 4 TO PARAGRAPH b10
NON-SECTION 503 FORFEITURES
THAT ARE AFFECTED BY THE DOWNWARD ADJUSTMENT FACTORS 1
Continued Statutory amount after 2021
annual inflation adjustment
Violation Sec. 227e Caller Identification.
Sec. 364a Forfeitures Ships.
Sec. 364b Forfeitures Ships.
Sec. 386a Forfeitures Ships.
Sec. 386b Forfeitures Ships.
Sec. 511 Pirate Radio Broadcasting.
Sec. 634
Cable EEO.

$11,905/violation. $35,715/
day for each day of continuing violation, up to $1,190,546 for any single act or failure to act.
$10,366/day owner.
$2,074 vessel master.
$10,366/day owner.
$2,074 vessel master.

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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 ceilings per violation or per day for a continuing violation stated in section 503 of the Communications Act and the Commissions rules are described in paragraph b11 of this section. These statutory maxima became effective September 13, 2013. Forfeitures issued under other sections of the Act are dealt with separately in table 4 to this paragraph b10.

11
ii
Table 5 to Paragraph b11ii

Note 3 to paragraph b11: Pursuant to Public Law 104134, the first inflation adjustment cannot exceed 10 percent of the statutory maximum amount.

d Preliminary procedure in some cases; citations. Except for a forfeiture $919/day.
imposed under sections 227b, 227e5, 511a, and 511b of the Act, 1 Unlike section 503 of the Act, which estabno forfeiture penalty shall be imposed lishes maximum forfeiture amounts, other secupon any person under the preceding tions of the Act, with two exceptions, state sections if such person does not hold a prescribed amounts of forfeitures for violations of the relevant section. These amounts are license, permit, certificate, or other then subject to mitigation or remission under authorization issued by the section 504 of the Act. One exception is secCommission, and if such person is not tion 223 of the Act, which provides a maxan applicant for a license, permit, imum forfeiture per day. For convenience, the Commission will treat this amount as if it were certificate, or other authorization issued a prescribed base amount, subject to downby the Commission, unless, prior to the ward adjustments. The other exception is secissuance of the appropriate notice, such tion 227e of the Act, which provides maxperson:
imum forfeitures per violation, and for con

tinuing violations. The Commission will apply
the factors set forth in section 503b2E of e Preliminary procedure in the Act and this table 4 to determine the Preventing Illegal Radio Abuse Through amount of the penalty to assess in any particular situation. The amounts in this table 4 Enforcement Act PIRATE Act cases.
are adjusted for inflation pursuant to the Debt Absent good cause, in any case alleging Collection Improvement Act of 1996 DCIA, a violation of subsection a or b of 28 U.S.C. 2461. These non-section 503 forfeitsection 511 of the Act, the Commission ures may be adjusted downward using the Downward Adjustment Criteria shown for shall proceed directly to issue a notice section 503 forfeitures in table 3 to this paraof apparent liability for forfeiture graph b10.
without first issuing a notice of unlicensed operation.
Note 2 to paragraph b10: Guidelines for

Assessing Forfeitures. The Commission and $2,023,640, $101,182/day.

its staff may use the guidelines in tables 1
through 4 of this paragraph b10 in
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