Any person who shall deliver messages for interstate or foreign transmission to any carrier, or for whom as sender or receiver, any such carrier shall transmit any interstate or foreign wire or radio communication, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset against the regular charges for transmission of such messages as fixed by the schedules of charges provided for in this chapter, shall in addition to any other penalty provided by this chapter forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be.
shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by this chapter; except that this subsection shall not apply to any conduct which is subject to forfeiture under subchapter II, part II or III of subchapter III, or section 507 of this title.
Such a notice shall (i) identify each specific provision, term, and condition of any Act, rule, regulation, order, treaty, convention, or other agreement, license, permit, certificate, instrument, or authorization which such person apparently violated or with which such person apparently failed to comply; (ii) set forth the nature of the act or omission charged against such person and the facts upon which such charge is based; and (iii) state the date on which such conduct occurred. Any forfeiture penalty determined under this paragraph shall be recoverable pursuant to section 504(a) of this title.
whichever is earlier; or
For purposes of this paragraph, "date of commencement of the current term of such license" means the date of commencement of the last term of license for which the licensee has been granted a license by the Commission. A separate license term shall not be deemed to have commenced as a result of continuing a license in effect under section 307(c) of this title pending decision on an application for renewal of the license.
1 So in original. Following provision probably should be set flush with subpar. (C).
47 U.S.C. § 503
REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.Parts II and III of subchapter III, referred to in subsec. (b)(1), are classified to sections 351 et seq. and 381 et seq., respectively, of this title.
AMENDMENTS2010-Subsec. (b)(2)(F). Pub. L. 111-260 added subpar. (F).2008-Subsec. (b)(1)(D). Pub. L. 110-385 substituted "1464, or 2252" for "or 1464".2006-Subsec. (b)(2)(C). Pub. L. 109-235, §2(2), added subpar. (C). Former subpar. (C) redesignated (D).Subsec. (b)(2)(D). Pub. L. 109-235, §2(1), (3), redesignated subpar. (C) as (D) and substituted "subparagraph (A), (B), or (C)" for "subparagraph (A) or (B)". Former subpar. (D) redesignated (E).Subsec. (b)(2)(E). Pub. L. 109-235§(2)(1), redesignated subpar. (D) as (E).1992-Subsec. (b)(5). Pub. L. 102-538, §210(b), substituted "system operator," for "system operator or" and inserted ", or in the case of violations of section 303(q) of this title, if the person involved is a nonlicensee tower owner who has previously received notice of the obligations imposed by section 303(q) of this title from the Commission or the permittee or licensee who uses that tower" after "section 307(e) of this title".Subsec. (b)(6). Pub. L. 102-538, §206(2), inserted at end "For purposes of this paragraph, 'date of commencement of the current term of such license' means the date of commencement of the last term of license for which the licensee has been granted a license by the Commission. A separate license term shall not be deemed to have commenced as a result of continuing a license in effect under section 307(c) of this title pending decision on an application for renewal of the license."Subsec. (b)(6)(A). Pub. L. 102-538, §206(1), struck out "so long as such violation occurred within 3 years prior to the date of issuance of such required notice" after "whichever is earlier".1990-Subsec. (b)(5). Pub. L. 101-396 inserted "and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission," before "unless, prior".1989-Subsec. (b)(1), (2). Pub. L. 101-239 inserted "(1)" before "Any person who" in first par., added par. (2), and struck out former par. (2) thereby resulting in increasing penalty if violator is a common carrier from $20,000 to $100,000 per day to a maximum of $1,000,000 per act and penalty if violator is a broadcast station licensee or cable television operator from $20,000 to $25,000 per day to a maximum of $250,000 per act, making such penalty also applicable to television operator applicants, and increasing penalty in all other cases from $5,000 to $10,000 per day to a maximum of $75,000.1983-Subsec. (b)(5). Pub. L. 98-214 inserted "or if the person involved is transmitting on frequencies assigned for use in a service in which individual station operation is authorized by rule pursuant to section 307(e) of this title".1982-Subsec. (b)(5). Pub. L. 97-259 inserted ", or is a cable television system operator" after "other authorization is required".1980-Subsec. (b). Pub. L. 96-507 conformed references in first paragraph to sections 509(a) and 507 of this title to reflect renumbering of those sections which required no change in text.1978-Subsec. (b). Pub. L. 95-234 substituted provisions relating to activities making persons liable for forfeiture penalties, amounts of forfeiture penalties, procedures applicable for imposition of forfeiture penalties, and exemptions from liability from imposition of forfeiture penalties, for provisions relating to activities of licensees or permittees constituting violations and authorizing forfeiture to the United States of a sum not to exceed $1,000 for each separate offense, procedures applicable for imposition of forfeiture liability, and limitations on imposition of forfeiture liability.1960- Pub. L. 86-752 amended section catchline substituting "Forfeitures" for "Rebates and offsets, forfeitures,", designated existing provisions as subsec. (a), and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1978 AMENDMENTAmendment by Pub. L. 95-234 effective on thirtieth day after Feb. 21, 1978, except that the provisions of subsec. (b) of this section, as in effect on Feb. 21, 1978, shall continue to constitute the applicable law with respect to any act or omission which occurs prior to such thirtieth day, see section 7 of Pub. L. 95-234 set out as a note under section 152 of this title.
DISCLAIMER FOR PRESS RELEASES REGARDING NOTICES OF APPARENT LIABILITY Pub. L. 115-141, div. P, title V, §511, Mar. 23, 2018, 132 Stat. 1097, provided that: "The Commission [Federal Communications Commission] shall include in any press release regarding the issuance of a notice of apparent liability under section 503(b)(4) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(4) ) a disclaimer informing consumers that-"(1) the issuance of a notice of apparent liability should be treated only as allegations; and"(2) the amount of any forfeiture penalty proposed in a notice of apparent liability represents the maximum penalty that the Commission may impose for the violations alleged in the notice of apparent liability."