PRIA, Government Policy, Made Personal

Summary

Violating the rules for this program counts as breaking the Communications Act of 1934, and the Commission must enforce these rules the same way and with the same powers it uses under that Act. If a person or group that got reimbursement is found to have broken section 1603, the program rules, or promises in their application, the Commission can add penalties beyond those under the Communications Act. Those penalties can include making the recipient repay all reimbursement money, banning them from the program, sending the case to law enforcement, and possibly blocking them from other Commission programs (including federal universal service support under section 254). Those extra penalties only apply after the Commission gives notice and the recipient fails to fix the problem within 180 days. If repayment is required, the Commission must act immediately to get the money back.

Title 47, §1606

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

(a)Violations

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)Additional penalties

(1)In general

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)Notice and opportunity to cure

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)Recovery of funds

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

Citations & Metadata