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

Summary

Violations of these rules are handled the same as violations of the Communications Act of 1934. The Commission has the same powers and ways to enforce these rules as it does under that Act. If a recipient of a Program reimbursement breaks section 1603, the related rules, or the promises in their application, they must pay back all reimbursement funds, be barred from the Program, be sent to law enforcement, and possibly be blocked from other Commission programs (including the federal universal service support programs under section 254). Those penalties only apply after the Commission gives notice and the recipient does not fix the problem within 180 days. The Commission must act right away to recover any funds the recipient is required to repay.

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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