Practice and Procedure

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[CI Docket No. 95-6, FCC 95-24]

Practice and Procedure

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The FCC proposes to amend its regulations regarding

forfeitures by adding a note incorporating guidelines for assessing

forfeitures. This action is being taken in response to a decision by

the United States Court of Appeals for the District of Columbia which

vacated the Commission's 1993 Forfeiture Policy Statement because the

Court found it should have been subject to Notice and Comment

rulemaking proceedings. The Commission is requesting comments on the

advantages or disadvantages of adopting forfeiture guidelines, and on

the reasonableness of proposed base forfeiture amounts applicable to

violations in the various services.

DATES: All comments must be received by March 27, 1995. Reply comment

period April 17, 1995.

ADDRESSES: Comments must be submitted be sent to the Office of the

Secretary, Federal Communications Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Magalie Salas, (202) 418-1150, or Ana Curtis, (202) 418-1160,

Compliance and Information Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rulemaking, adopted January 13, 1995, and released on

February 10, 1995. The complete text of this Commission action is

available for copying during normal business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW, Washington, D.C., 20554. The

complete text of this Notice of Proposed Rulemaking may also be

purchased from the Commission's copy contractor, International

Transcription Services, Inc. (ITS), 2100 M Street, NW, Suite 140,

Washington, D.C. 20037, telephone number (202) 857-3800.

Summary of Notice of Proposed Rulemaking

1. The Commission is proposing forfeiture guidelines which would be

used to aid the Commission in determining the appropriate range of

forfeitures for various offenses, ensure treatment of similarly

situated offenders and provide clearer guidance to the public regarding

the forfeitures that can be expected in response to specific

violations.

2. If adopted, Sec. 1.80 of the Communication's rules would be

amended to include a note incorporating the 1993 version of the

Commission's Forfeiture Policy Statement, see Policy Statement,

Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991), recon.

denied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993).

List of Subjects in 47 CFR Part 1

Administrative practice and procedure, Penalties.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-4330 Filed 2-22-95; 8:45 am]

BILLING CODE 6712-01-M