FCC Legal Enforcement Act
The FCC Legal Enforcement Act would change how the Federal Communications Commission enforces its penalties for violations of restrictions on the use of telephone equipment (section 227). Specifically, it allows the FCC to initiate and supervise litigation to collect unpaid forfeiture penalties in its own name if the Attorney General does not start a case within 120 days after the penalty is referred for enforcement. The bill also directs the FCC to prioritize pursuing unpaid penalties exceeding $25 million. Additionally, it makes a minor change to the wording of section 227(b)(2) to emphasize that the restrictions may be applied as needed to protect subscribers from unwanted calls. Overall, the bill shifts a portion of enforcement authority from the Department of Justice to the FCC to speed up and prioritize large penalties related to unwanted or harmful telephone equipment usage.
Key Points
- 1Creates a 120-day “referral window”: if the Attorney General does not initiate action within 120 days after the FCC refers an unpaid forfeiture penalty for a section 227 violation, the FCC may commence and supervise the litigation in its own name.
- 2FCC may sue directly: the Commission can prosecute and manage the case (including appeals) using its own attorneys if the AG does not act within the 120-day window.
- 3Cost provisions: if the AG does not prosecute within 120 days, the FCC may prosecute for recovery of the forfeiture penalty, with the associated costs and expenses borne as part of the prosecution.
- 4Priority for large penalties: the FCC must prioritize enforcement of unpaid penalties imposed for a section 227 violation that exceed $25,000,000.
- 5Regulatory language adjustment: amends section 227(b)(2) to reflect that restrictions on automated telephone equipment may be applied “as necessary in the judgment of the Commission” to protect subscribers from unwanted calls.