FCC Legal Enforcement Act

Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended—

(1) in section 503(b)(3)(B) (47 U.S.C. 503(b)(3)(B)), by striking In such action, and inserting the following: If, during the 120-day period beginning on the date of a referral of an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment), the Attorney General does not commence an action to recover the amount assessed, the Commission may commence and supervise the litigation of such an action and any appeal of such an action in its own name by any of its attorneys designated by it for such purpose. In any action under this subparagraph,; and

(2) in section 504(a) (47 U.S.C. 504(a))—

(A) by striking It shall be the duty and inserting Except as provided in the subsequent sentence, it shall be the duty; and

(B) by striking The costs and expenses of such prosecutions and inserting the following: If, during the 120-day period beginning on the date on which the Commission refers an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment) to the Attorney General for prosecution under this subsection, the Attorney General does not commence such a prosecution, the Commission may prosecute for the recovery of the forfeiture penalty. The costs and expenses of a prosecution under this subsection.

In carrying out the amendments made by subsection (a) of this section, the Federal Communications Commission shall prioritize enforcement of unpaid forfeiture penalties imposed for a violation of section 227 of the Communications Act of 1934 (47 U.S.C. 227) (relating to restrictions on the use of telephone equipment) that are greater than $25,000,000.