§1606 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Violating these rules is treated the same as breaking the Communications Act of 1934. The Commission must enforce the rules the same way and with the same powers it uses for the Communications Act. If a person or company that got Program reimbursement breaks the rules, fails to follow the Program’s regulations, or does not keep promises made in their application, the Commission can make them pay back all money, bar them from the Program, refer them to law enforcement, and block them from other Commission programs (including federal universal service). Those penalties apply only after the Commission gives notice and the recipient fails to fix the problem within 180 days. When repayment is required, the Commission must act right away to recover the funds.

Title 47, §1606

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)A violation of this chapter or a regulation promulgated under this chapter shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act, respectively. The Commission shall enforce this chapter and the regulations promulgated under this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this chapter.

(b)(1)Except as provided in paragraph (2), in addition to penalties under the Communications Act of 1934, a recipient of a reimbursement under the Program found to have violated section 1603 of this title, the regulations promulgated under such section, or the commitments made by the recipient in the application for the reimbursement—

(A)shall repay to the Commission all reimbursement funds provided to the recipient under the Program;

(B)shall be barred from further participation in the Program;

(C)shall be referred to all appropriate law enforcement agencies or officials for further action under applicable criminal and civil laws; and

(D)may be barred by the Commission from participation in other programs of the Commission, including the Federal universal service support programs established under section 254 of the Communications Act of 1934 (47 U.S.C. 254).

(2)The penalties described in paragraph (1) shall not apply to a recipient of a reimbursement under the Program unless—

(A)the Commission provides the recipient with notice of the violation; and

(B)the recipient fails to cure the violation within 180 days after the Commission provides such notice.

(c)The Commission shall immediately take action to recover all reimbursement funds awarded to a recipient of a reimbursement under the Program in any case in which such recipient is required to repay reimbursement funds under subsection (b)(1)(A).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Communications Act of 1934, referred to in subsecs. (a) and (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.

§1606 Enforcement

Summary

Title 47, §1606

Notes & Related Subsidiaries

Editorial Notes

References in Text

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