47 U.S.C. § 501 — General penalty

Page 261 TITLE 47—TELECOMMUNICATIONS § 501 tice, process, order, requirement, or decision in the office of the secretary of the Commission. (June 19, 1934, ch. 652, title IV, § 413, 48 Stat. 1099; Pub. L. 103–414, title III, § 304(a)(11), Oct. 25, 1994, 108 Stat. 4297.) 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. AMENDMENTS 1994—Pub. L. 103–414 struck out ‘‘, within sixty days after the taking effect of this chapter,’’ after ‘‘every carrier subject to this chapter’’. § 414. Exclusiveness of chapter Nothing in this chapter contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies. (June 19, 1934, ch. 652, title IV, § 414, 48 Stat. 1099.) 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. § 415. Limitations of actions (a) Recovery of charges by carrier All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after. (b) Recovery of damages All complaints against carriers for the recov- ery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this sec- tion. (c) Recovery of overcharges For recovery of overcharges action at law shall be begun or complaint filed with the Com- mission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice. (d) Extension If on or before expiration of the period of limi- tation in subsection (b) or (c) a carrier begins action under subsection (a) for recovery of law- ful charges in respect of the same service, or, without beginning action, collects charges in re- spect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier. (e) Accrual of cause of action for transmission of message The cause of action in respect of the trans- mission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after. (f) Enforcement petition A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after. (g) ‘‘Overcharges’’ defined The term ‘‘overcharges’’ as used in this sec- tion shall be deemed to mean charges for serv- ices in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission. (June 19, 1934, ch. 652, title IV, § 415, 48 Stat. 1099; Pub. L. 93–507, Nov. 30, 1974, 88 Stat. 1577.) Editorial Notes AMENDMENTS 1974—Subsecs. (a) to (c). Pub. L. 93–507 amended sub- secs. (a) to (c) generally, substituting reference to two years for reference to one year wherever appearing. § 416. Orders of Commission (a) Service Every order of the Commission shall be forth- with served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law. (b) Suspension or modification Except as otherwise provided in this chapter, the Commission is authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. (c) Compliance It shall be the duty of every person, its agents and employees, and any receiver or trustee thereof, to observe and comply with such orders so long as the same shall remain in effect. (June 19, 1934, ch. 652, title IV, § 416, 48 Stat. 1100.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. SUBCHAPTER V—PENAL PROVISIONS; FORFEITURES § 501. General penalty Any person who willfully and knowingly does or causes or suffers to be done any act, matter, Page 262 TITLE 47—TELECOMMUNICATIONS § 502 or thing, in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be pun- ished for such offense, for which no penalty (other than a forfeiture) is provided in this chap- ter, by a fine of not more than $10,000 or by im- prisonment for a term not exceeding one year, or both; except that any person, having been once convicted of an offense punishable under this section, who is subsequently convicted of violating any provision of this chapter punish- able under this section, shall be punished by a fine of not more than $10,000 or by imprisonment for a term not exceeding two years, or both. (June 19, 1934, ch. 652, title V, § 501, 48 Stat. 1100; Mar. 23, 1954, ch. 104, 68 Stat. 30.) 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. AMENDMENTS 1954—Act Mar. 23, 1954, provided that any offense pun- ishable hereunder, except a second or subsequent of- fense, should constitute a misdemeanor rather than a felony, as those terms are defined in section 1 of Title 18, Crimes and Criminal Procedure. § 502. Violation of rules, regulations, etc. Any person who willfully and knowingly vio- lates any rule, regulation, restriction, or condi- tion made or imposed by the Commission under authority of this chapter, or any rule, regula- tion, restriction, or condition made or imposed by any international radio or wire communica- tions treaty or convention, or regulations an- nexed thereto, to which the United States is or may hereafter become a party, shall, in addition to any other penalties provided by law, be pun- ished, upon conviction thereof, by a fine of not more than $500 for each and every day during which such offense occurs. (June 19, 1934, ch. 652, title V, § 502, 48 Stat. 1100.) 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. § 503. Forfeitures (a) Rebates and offsets Any person who shall deliver messages for interstate or foreign transmission to any car- rier, or for whom as sender or receiver, any such carrier shall transmit any interstate or foreign wire or radio communication, who shall know- ingly 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 off- set against the regular charges for transmission of such messages as fixed by the schedules of charges provided for in this chapter, shall in ad- dition to any other penalty provided by this chapter forfeit to the United States a sum of money three times the amount of money so re- ceived 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 con- siderations 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 sub- ject to penalty; liability exemption period (1) Any person who is determined by the Com- mission, 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 in- strument or authorization issued by the Com- mission; (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, 1464, or 2252 of title 18; shall be liable to the United States for a for- feiture penalty. A forfeiture penalty under this subsection shall be in addition to any other pen- alty provided for by this chapter; except that this subsection shall not apply to any conduct which is subject to forfeiture under subchapter II, part II or III of subchapter III, or section 507 of this title. (2)(A) If the violator is (i) a broadcast station licensee or permittee, (ii) a cable television op- erator, or (iii) an applicant for any broadcast or cable television operator license, permit, certifi- cate, 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 viola- tion shall not exceed a total of $250,000 for any single act or failure to act described in para- graph (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, certifi- cate, or other instrument of authorization issued by the Commission, the amount of any