47 U.S.C. § 504 — Forfeitures

Page 265 TITLE 47—TELECOMMUNICATIONS § 504 Communications Commission] shall include in any press release regarding the issuance of a notice of ap- parent liability under section 503(b)(4) of the Commu- nications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer informing consumers that— ‘‘(1) the issuance of a notice of apparent liability should be treated only as allegations; and ‘‘(2) the amount of any forfeiture penalty proposed in a notice of apparent liability represents the max- imum penalty that the Commission may impose for the violations alleged in the notice of apparent liabil- ity.’’ § 504. Forfeitures (a) Recovery The forfeitures provided for in this chapter shall be payable into the Treasury of the United States, and shall be recoverable, except as oth- erwise provided with respect to a forfeiture pen- alty determined under section 503(b)(3) of this title, in a civil suit in the name of the United States brought in the district where the person or carrier has its principal operating office or in any district through which the line or system of the carrier runs: Provided, That any suit for the recovery of a forfeiture imposed pursuant to the provisions of this chapter shall be a trial de novo: Provided further, That in the case of for- feiture by a ship, said forfeiture may also be re- coverable by way of libel in any district in which such ship shall arrive or depart. Such for- feitures shall be in addition to any other general or specific penalties provided in this chapter. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this chapter. The costs and expenses of such prosecutions shall be paid from the appropriation for the ex- penses of the courts of the United States. (b) Remission and mitigation The forfeitures imposed by subchapter II, parts II and III of subchapter III, and sections 503(b) and 507 of this title shall be subject to re- mission or mitigation by the Commission under such regulations and methods of ascertaining the facts as may seem to it advisable, and, if suit has been instituted, the Attorney General, upon request of the Commission, shall direct the discontinuance of any prosecution to recover such forfeitures: Provided, however, That no for- feiture shall be remitted or mitigated after de- termination by a court of competent jurisdic- tion. (c) Use of notice of apparent liability In any case where the Commission issues a no- tice of apparent liability looking toward the im- position of a forfeiture under this chapter, that fact shall not be used, in any other proceeding before the Commission, to the prejudice of the person to whom such notice was issued, unless (i) the forfeiture has been paid, or (ii) a court of competent jurisdiction has ordered payment of such forfeiture, and such order has become final. (June 19, 1934, ch. 652, title V, § 504, 48 Stat. 1101; May 20, 1937, ch. 229, § 14, 50 Stat. 197; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Aug. 13, 1954, ch. 735, § 4, 68 Stat. 729; Aug. 6, 1956, ch. 973, § 2, 70 Stat. 1048; Pub. L. 86–752, § 7(b)–(d), Sept. 13, 1960, 74 Stat. 895; Pub. L. 87–448, § 2, May 11, 1962, 76 Stat. 69; Pub. L. 95–234, § 3, Feb. 21, 1978, 92 Stat. 35; Pub. L. 96–507, § 2(c), Dec. 8, 1980, 94 Stat. 2747.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. Parts II and III of subchapter III, referred to in sub- sec. (b), are classified to sections 351 et seq. and 381 et seq., respectively, of this title. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–507 conformed reference to section 507 of this title to reflect renumbering of that section which required no change in text. 1978—Subsec. (a). Pub. L. 95–234, § 3(a), inserted in first sentence ‘‘, except as otherwise provided with re- spect to a forfeiture penalty determined under section 503(b)(3) of this title,’’ after ‘‘recoverable’’. Such word- ing was inserted only after the first reference to ‘‘re- coverable’’ as the probable intent of Congress. Subsec. (b). Pub. L. 95–234, § 3(b), inserted reference to subchapter II of this chapter and struck out reference to section 510 of this title and ‘‘, upon application therefor,’’ after ‘‘by the Commission’’. 1962—Subsec. (b). Pub. L. 87–448 empowered the Com- mission to remit or mitigate the forfeitures imposed by section 510 of this title. 1960—Subsec. (a). Pub. L. 86–752, § 7(b), inserted pro- viso that any suit for recovery of a forfeiture shall be a trial de novo. Subsec. (b). Pub. L. 86–752, § 7(c), substituted ‘‘sec- tions 503(b) and 507’’ for ‘‘section 507’’. Subsec. (c). Pub. L. 86–752, § 7(d), added subsec. (c). 1956—Subsec. (b). Act Aug. 6, 1956, inserted reference to part III of subchapter III. 1954—Subsec. (b). Act Aug. 13, 1954, inserted reference to section 507 of this title. 1937—Act May 20, 1937, designated existing provisions as subsec. (a), inserted proviso as to recovery of for- feiture in any district where a ship may arrive or de- part, and added subsec. (b). Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure, and Historical and Revision Notes thereunder. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–234 effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95–234, set out as a note under section 152 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–448, § 3, May 11, 1962, 76 Stat. 69, provided that: ‘‘The amendments made by this Act [enacting section 510 of this title and amending this section] shall take effect on the thirtieth day after the date of its en- actment [May 11, 1962].’’ EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as an Effective Date note under section 381 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see section 6 of act Aug. 13, 1954, set out as an Ef- fective Date note under section 507 of this title. Page 266 TITLE 47—TELECOMMUNICATIONS § 505 § 505. Venue of trials The trial of any offense under this chapter shall be in the district in which it is committed; or if the offense is committed upon the high seas, or out of the jurisdiction of any particular State or district, the trial shall be in the dis- trict where the offender may be found or into which he shall be first brought. Whenever the of- fense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either juris- diction in the same manner as if the offense had been actually and wholly committed therein. (June 19, 1934, ch. 652, title V, § 505, 48 Stat. 1101.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 506. Repealed. Pub. L. 96–507, § 1, Dec. 8, 1980, 94 Stat. 2747 Section, act June 19, 1934, ch. 652, title V, § 506, as added Apr. 16, 1946, ch. 138, 60 Stat. 89, prohibited cer- tain coercive practices affecting broadcasting and pro- vided penalties for violations. § 507. Violation of Great Lakes Agreement (a) Any vessel of the United States that is navigated in violation of the provisions of the Great Lakes Agreement or the rules and regula- tions of the Commission made in pursuance thereof and any vessel of a foreign country that is so navigated on waters under the jurisdiction of the United States shall forfeit to the United States the sum of $500 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a vessel of the United States to en- force or to comply with the provisions of the Great Lakes Agreement or the rules and regula- tions of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $100. (June 19, 1934, ch. 652, title V, § 506, formerly § 507, as added Aug. 13, 1954, ch. 735, § 3, 68 Stat. 729; renumbered § 506, Pub. L. 96–507, § 1, Dec. 8, 1980, 94 Stat. 2747.) Editorial Notes PRIOR PROVISIONS A prior section 506 of act June 19, 1934, ch. 652, was classified to section 506 of this title prior to repeal by Pub. L. 96–507. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 6 of act Aug. 13, 1954, provided that: ‘‘This Act [enacting this section and amending sections 153, 154, and 504 of this title] shall take effect on November 13, 1954.’’ § 508. Disclosure of payments to individuals con- nected with broadcasts (a) Payments to station employees Subject to subsection (d), any employee of a radio station who accepts or agrees to accept from any person (other than such station), or any person (other than such station) who pays or agrees to pay such employee, any money, service or other valuable consideration for the broadcast of any matter over such station shall, in advance of such broadcast, disclose the fact of such acceptance or agreement to such station. (b) Production or preparation of programs Subject to subsection (d), any person who, in connection with the production or preparation of any program or program matter which is in- tended for broadcasting over any radio station, accepts or agrees to accept, or pays or agrees to pay, any money, service or other valuable con- sideration for the inclusion of any matter as a part of such program or program matter, shall, in advance of such broadcast, disclose the fact of such acceptance or payment or agreement to the payee’s employer, or to the person for whom such program or program matter is being pro- duced, or to the licensee of such station over which such program is broadcast. (c) Supplying of program or program matter Subject to subsection (d), any person who sup- plies to any other person any program or pro- gram matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any in- formation of which he has knowledge, or which has been disclosed to him, as to any money, service or other valuable consideration which any person has paid or accepted, or has agreed to pay or accept, for the inclusion of any matter as a part of such program or program matter. (d) Waiver of announcements under section 317(d) The provisions of this section requiring the disclosure of information shall not apply in any case where, because of a waiver made by the Commission under section 317(d) of this title, an announcement is not required to be made under section 317 of this title. (e) Announcement under section 317 as sufficient disclosure The inclusion in the program of the announce- ment required by section 317 of this title shall constitute the disclosure required by this sec- tion. (f) ‘‘Service or other valuable consideration’’ de- fined The term ‘‘service or other valuable consider- ation’’ as used in this section shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast, or for use on a program which is intended for broadcasting over any radio station, unless it is so furnished in consideration for an identification in such broadcast or in such program of any person, product, service, trademark, or brand name be- yond an identification which is reasonably re- lated to the use of such service or property in such broadcast or such program.