[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Rules and Regulations]
[Pages 33913-33914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11808]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 07-94]


Increase of Forfeiture Maxima for Obscene, Indecent, and Profane 
Broadcasts to Implement the Broadcast Decency Enforcement Act of 2005

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Commission's Rules to increase the 
maximum forfeiture penalties for obscene, indecent, and profane 
broadcasts from $32,500 to $325,000 for each violation or each day of a 
continuing violation, except that the amount assessed for any 
continuing violation cannot exceed $3,000,000. This action is necessary 
to implement The Broadcast Decency Enforcement Act of 2005, signed into 
law by President George W. Bush on June 15, 2006. This document is 
limited to revising the Commission's Rules pursuant to the Broadcast 
Decency Enforcement Act, which concerns only penalties for obscenity, 
indecency, and profanity broadcast violations. The existing penalty 
limits described in the Commission's Rules would remain as the 
applicable maxima for all other broadcast violations subject to those 
Rules.

DATES: Effective July 20, 2007.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Hillary S. DeNigro, Enforcement 
Bureau, Investigations and Hearings Division, (202) 418-7334.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 07-94, adopted on May 17, 2007, and released on June 1, 2007. The 
complete text of this Order is available for inspection and copying 
during normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW., Washington, DC 20554 and also 
may be purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., at 1-800-378-3160, CY-B402, 445 12th Street, SW., 
Washington, DC 20554.
    On June 15, 2006, President George W. Bush signed into law The 
Broadcast Decency Enforcement Act of 2005 (``Broadcast Decency 
Enforcement Act''). (See Pub. L. 109-235, 120 Stat. 491 (2006)). The 
legislation amends section 503(b)(2) of the Communications Act of 1934, 
as amended (``Communications Act''), 47 U.S.C. 503(b)(2), to increase 
the maximum forfeiture penalties for obscene, indecent, and profane 
broadcasts. This Order amends section 1.80(b)(1) of the Commission's 
Rules (``Rules''), 47 CFR 1.80(b)(1), to reflect the new penalties.
    Section 1.80(b)(1) of the Rules specifies the maximum possible 
forfeiture penalties for a range of violations, including, but not 
limited to: Failure to comply with the terms and conditions of any 
Commission license, permit, certificate or instrument of authorization; 
failure to comply with any provision of the Communications Act or any 
Commission rule, regulation or order; and violation of section 1304 
(broadcast of lottery information), 1343

[[Page 33914]]

(fraud by wire, radio or television) and 1464 (broadcast of obscene, 
indecent, or profane material) of Title 18 of the United States Code. 
Under the rule, the Commission may propose forfeitures against 
broadcast licensees of up to $32,500 for each violation or each day of 
a continuing violation, except that the amount assessed for any 
continuing violation shall not exceed $325,000 for any single act or 
failure to act. The Broadcast Decency Enforcement Act increases those 
amounts for obscene, indecent, or profane broadcasts. Specifically, the 
new law raises the maximum forfeiture for the broadcast of obscenity, 
indecency, or profanity to $325,000 for each violation or each day of a 
continuing violation, except that the amount assessed for any 
continuing violation shall not exceed $3,000,000 for any single act or 
failure to act. Accordingly, section 1.80(b)(1) will be modified to 
reflect the new maximum penalties specified in the legislation.
    This Order is limited to revising section 1.80(b)(1) pursuant to 
the Broadcast Decency Enforcement Act, which concerns only penalties 
for obscenity, indecency, and profanity broadcast violations. The 
existing penalty limits described in section 1.80(b)(1) would remain as 
the applicable maxima for all other broadcast violations subject to 
that rule.
    The rule change adopted in this Order merely implements a specific 
statutory command and does not involve discretionary action on the part 
of the Commission. Accordingly, we find that, for good cause, 
compliance with the notice and comment provisions of the Administrative 
Procedure Act is unnecessary. (See 5 U.S.C. 553(b)(B)).
    Since a notice of proposed rulemaking is not required, the 
Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., does not apply. (See 
5 U.S.C. 603-604).
    The actions taken herein have been analyzed with respect to the 
Paperwork Reduction Act of 1995 and found to impose no new or modified 
reporting and record keeping requirements or burdens on the public. In 
addition, therefore, our actions do not impose any new or modified 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Penalties.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (j), 155, 157, 225, 303(r), 
and 309.

Subpart A--General Rules of Practice and Procedure

0
2. Section 1.80 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  1.80  Forfeiture proceedings.

* * * * *
    (b) Limits on the amount of forfeiture assessed. (1) If the 
violator is a broadcast station licensee or permittee, a cable 
television operator, or an applicant for any broadcast or cable 
television operator license, permit, certificate, or other instrument 
of authorization issued by the Commission, except as otherwise noted in 
this paragraph, the forfeiture penalty under this section shall not 
exceed $32,500 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 $325,000 for any single act or failure to 
act described in paragraph (a) of this section. There is no limit on 
forfeiture assessments for EEO violations by cable operators that occur 
after notification by the Commission of a potential violation. See 
section 634(f)(2) of the Communications Act. Notwithstanding the 
foregoing in this section, if the violator is a broadcast station 
licensee or permittee or an applicant for any broadcast license, 
permit, certificate, or other instrument of authorization issued by the 
Commission, and if the violator is determined by the Commission to have 
broadcast obscene, indecent, or profane material, the forfeiture 
penalty under this section shall not exceed $325,000 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 $3,000,000 for 
any single act or failure to act described in paragraph (a) of this 
section.
* * * * *
 [FR Doc. E7-11808 Filed 6-19-07; 8:45 am]
BILLING CODE 6712-01-P