Page:United States Statutes at Large Volume 76.djvu/116

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PUBLIC LAW 87-448-MAY 11, 1962

[76 STAT.

Public Law 87-448 May 11, 1962 [S. 1668]

Communications Act of 1934. amendment. Forfeitures. 48 Stat. 1100. 47 USC 501-509.

SO Stat. 192; 70 Stat. 1048; 68 Stat. 729. 47 USC 351-362, 381-386, 507.

AN ACT To authorize the imposition of forfeitures for certain violations of the rules and regulations of the Federal Communications Commission in the common carrier and safety and special fields. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title V of the Communications Act of 1934 is amended by adding at the end thereof a new section as follows: "FORFEITURE I N CASES OF VIOLATIONS OF CERTAIN RULES AND REGULATIONS

"SEC. 510. (a) Where any radio station other than licensed radio stations in the broadcast service or stations governed by the provisions of parts II and III of title III and section 507 of this Act— "(1) is operated by any person not holding a valid radio operator license or permit of the class prescribed in the rules and regulations of the Commission for the operation of such station; "(2) fails to identify itself at the times and in the manner prescribed in the rules and regulations of the Commission; "(3) transmits any false call contrary to regulations of the Commission; "(4) is operated on a frequency not authorized by the Commission for use by such station; " (5) transmits unauthorized communications on any frequency designated as a distress or calling frequency in the rules and regulations of the Commission; "(6) interferes with any distress call or distress communication contrary to the regulations of the Commission; "(7) fails to attenuate spurious emissions to the extent required by the rules and regulations of the Commission; "(8) is operated with power in excess of that authorized by the Commission; "(9) renders a communication service not authorized by the Commission for the particular station; "(10) is operated with a type of emission not authorized by the Commission; "(11) is operated with transmitting equipment other than that authorized by the Commission; or "(12) fails to respond to official communications from the Commission; the licensee of the station shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. I n the case of a violation of clause (2), (3), (5), or (6) of this subsection, the person operating such station shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. The violation of the provisions of each numbered clause of this subsection shall constitute a separate offense: Pr&vided^ That $100 shall be the maximum amount of forfeiture liability for which the licensee or person operating such station shall be liable under this section for the violation of the provisions of any one of the numbered clauses of this subsection, irrespective of the number of violations thereof, occurring within ninety days prior to the date the notice of apparent liability is issued or sent as provided in subsection (c) of this section: And provided further, That $500 shall be the maximum amount of forfeiture liability for which the licensee or person operating such station shall be liable under this section for all violations of the provisions of this section, irrespective of the total number thereof, occurring within ninety days prior to the date such notice of

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