§227b–2 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The Enforcement Bureau Chief must give the Attorney General any evidence that someone willfully, knowingly, and repeatedly used robocalls to defraud, harm, or wrongfully obtain value. By December 30, 2020, and each year after, the Commission must publish online and send Congress a report saying how often the Chief provided such evidence in the prior year and giving a general summary of the kinds of robocall violations. Giving evidence does not stop the Commission or Chief from referring matters to the Attorney General or from continuing enforcement. "Robocall violation" means violating section 227(b) or (e).

Title 47, §227b–2

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

(a)If the Chief of the Enforcement Bureau of the Commission obtains evidence that suggests a willful, knowing, and repeated robocall violation with an intent to defraud, cause harm, or wrongfully obtain anything of value, the Chief of the Enforcement Bureau shall provide such evidence to the Attorney General.

(b)Not later than 1 year after December 30, 2019, and annually thereafter, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—

(1)states the number of instances during the preceding year in which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General; and

(2)contains a general summary of the types of robocall violations to which such evidence relates.

(c)Nothing in this section shall be construed to affect the ability of the Commission or the Chief of the Enforcement Bureau under other law—

(1)to refer a matter to the Attorney General; or

(2)to pursue or continue pursuit of an enforcement action in a matter with respect to which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General.

(d)In this section, the term “robocall violation” means a violation of subsection (b) or (e) of section 227 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Pallone-Thune Telephone Robocall Abuse Criminal

Enforcement

and Deterrence Act, also known as the Pallone-Thune TRACED Act, and not as part of the Communications Act of 1934 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition For definition of “Commission” as used in this section, see section 2 of Pub. L. 116–105, set out as a note under section 227 of this title.

§227b–2 Provision of evidence of certain robocall violations to Attorney General