Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2095

Introduced
6/21/23  

Caption

FCC Legal Enforcement Act

Impact

By empowering the FCC to handle enforcement autonomously, SB2095 significantly alters the compliance landscape for telecommunications regulations. This bill could lead to quicker resolutions of violations related to section 227 of the Communications Act, which focuses on restrictions concerning telephone equipment. This change not only affects entities that may violate these restrictions but also ensures that significant penalties are adequately pursued even when federal intervention may lag. Furthermore, it underscores the FCC's pivotal role in enforcing telecommunications law without solely relying on the Department of Justice.

Summary

SB2095, titled the 'FCC Legal Enforcement Act', aims to authorize the Federal Communications Commission (FCC) to enforce its own forfeiture penalties regarding violations of telephone equipment usage restrictions. The bill modifies the Communications Act of 1934, allowing the FCC to initiate litigation to recover unpaid forfeiture penalties if the Attorney General does not act within a specified timeframe. This shift is designed to enhance the FCC's ability to regulate and enforce relevant telecommunications laws effectively.

Contention

The bill has sparked discussions around the balance of power between regulatory bodies and law enforcement. Supporters argue that the FCC's enhanced enforcement capabilities are necessary to deter violations and protect consumers. In contrast, critics express concerns about the potential for overreach by the FCC. They worry that granting such authority could result in an excessive regulatory burden on businesses within the telecommunications sector, especially regarding enforcement proceedings that could be administratively complicated.

Notable_points

Additionally, the legislation places a special emphasis on priority enforcement for unpaid penalties exceeding $25 million, signaling a strong stance against major infractions. This focus on high-value penalties may thus highlight the seriousness of enforcement under the FCC’s purview and reflect an evolving approach to telecommunications regulation in the modern digital landscape.

Companion Bills

US HB4224

Same As To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment.

Previously Filed As

US SB1025

FCC Legal Enforcement Act

US HB4224

To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment.

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