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Blog Posts by Michael O’Rielly

Accountability for Enforcement Penalties & Fines

by Michael O’Rielly, FCC Commissioner
May 14, 2015 - 04:05 PM

The Commission’s enforcement procedures and actions have been receiving attention of late, but there is a deficiency in the process that has not been mentioned.  To the extent that the Commission has rules in an area, applicable parties are required to comply.  Those who don’t are subject to enforcement actions, with due process rights for alleged violators, including the option of settling the matter through a consent decree.  For the enforcement process to work, however, all of its steps must be carried out efficiently and swiftly from beginning to end.  One problem with the current process – and another area for the newly formed Process Review Task Force and/or Congress to examine – is that the Commission has no idea whether parties are actually satisfying the terms of its enforcement actions, particularly those that go to the forfeiture stage.         

Under the current structure, the Commission does not have a process in place to know whether entities actually pay the fines or penalties assessed pursuant to an enforcement action.  In other words, once a Forfeiture Order is finalized, it somehow seems to drop off the FCC’s radar.  This came as a surprise to me as I prepared for recent Congressional hearings.  I requested that Enforcement Bureau provide a detailed spreadsheet of the 75 most recent Notices of Apparent Liability (“NAL”) and Forfeiture Orders.  Disappointingly, the bureau answered that it didn’t track collections resulting from Forfeiture Orders as a matter of course. 

This whole situation reminds me of an early episode of the sitcom Seinfeld.  In it, Jerry has a dispute with a car rental agent over whether the car he reserved is actually available.  One of television’s most classic exchanges went as follows:

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