2148 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 

9. National Environmental Policy Act 

This rule does not constitute a major 

Federal Action significantly affecting 

the quality for the human environment. 

A detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA), 42 U.S.C. 4321, et seq., is not 

required because the rule is covered by 

a categorical exclusion. We have 

determined the rule is categorically 

excluded under 43 CFR 46.210(i) 

because it is administrative, legal, and 

technical in nature. We also have 

determined the rule does not involve 

any of the extraordinary circumstances 

listed in 43 CFR 46.215 that would 

require further analysis under NEPA. 

10. Effects on Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

11. Clarity of This Regulation 

We are required by Executive Order 

12866 and 12988, the Plain Writing Act 

of 2010 (Pub. L. 111–274), and the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means each rule we 

publish must: 

—Be logically organized; 

—Use the active voice to address 

readers directly; 

—Use clear language rather than jargon; 

—Be divided into short sections and 

sentences; and 

—Use lists and table wherever possible. 

List of Subjects in 43 CFR Part 2 

Administrative practice and 

procedure, Confidential information, 

Courts, Freedom of Information Act, 

Privacy Act. 

For the reasons stated in the 

preamble, the Department of the Interior 

proposes to amend 43 CFR part 2 as 

follows: 

PART 2—FREEDOM OF INFORMATION 

ACT; RECORDS AND TESTIMONY 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 553; 

31 U.S.C. 3717; 43 U.S.C. 1460, 1461, the 

Social Security Number Fraud Prevention 

Act of 2017, Pub. L. 115–59, September 15, 

2017. 

■ 2. Amend § 2.254 by adding 

paragraphs (b)(3), (d)(3), (e)(8) to read as 

follows: 

§ 2.254 Exemptions. 

* * * * * 

(b) * * * 

(3) INTERIOR/OIG–02, Investigative 

Records. 

(d) * * * 

(3) INTERIOR/OIG–02, Investigative 

Records. 

(e) * * * 

(8) INTERIOR/OIG–02, Investigative 

Records. 

* * * * * 

Teri Barnett, 

Departmental Privacy Officer, Department of 

the Interior. 

[FR Doc. 2024–00588 Filed 1–11–24; 8:45 am] 

BILLING CODE 4334–63–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[DA 23–1198; FR ID 196408] 

Annual Adjustment of Civil Monetary 

Penalties To Reflect Inflation 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (Inflation Adjustment Act) 

requires the Federal Communications 

Commission to amend its forfeiture 

penalty rules to reflect annual 

adjustments for inflation in order to 

improve their effectiveness and 

maintain their deterrent effect. The 

Inflation Adjustment Act provides that 

the new penalty levels shall apply to 

penalties assessed after the effective 

date of the increase, including when the 

penalties whose associated violation 

predate the increase. 

DATES: 

Effective date: The rule is effective 

January 12, 2024. 

Applicability date: The civil monetary 

penalties are applicable beginning 

January 15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Peter S. Hyun, Chief of Staff and Deputy 

Bureau Chief, Enforcement Bureau, at 

Peter.Hyun@fcc.gov or 202–418–2019. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

DA 23–1198, adopted and released on 

December 22, 2023. The complete text 

of this document is available for 

download at https://docs.fcc.gov/public/ 

attachments/DA-23-1198A1.pdf. To 

request this document in accessible 

formats for people with disabilities (e.g., 

Braille, large print, electronic files, 

audio format, etc.) or to request 

reasonable accommodations (e.g., 

accessible format documents, sign 

language interpreters, CART, etc.), send 

an email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice). 

Synopsis 

The Bipartisan Budget Act of 2015 

included, as section 701 thereto, the 

Inflation Adjustment Act, which 

amended the Federal Civil Penalties 

Inflation Adjustment Act of 1990 (Pub. 

L. 101–410), to improve the 

effectiveness of civil monetary penalties 

and maintain their deterrent effect. 

Under the Inflation Adjustment Act, 

agencies are required to make annual 

inflationary adjustments by January 15 

each year, beginning in 2017. The 

adjustments are calculated pursuant to 

Office of Management and Budget 

(OMB) guidance. OMB issued guidance 

on December 19, 2023, and this Order 

follows that guidance. The Commission 

therefore updates the civil monetary 

penalties for 2024, to reflect an annual 

inflation adjustment based on the 

percent change between each published 

October’s CPI–U; in this case, October 

2023 CPI–U (307.671)/October 2022 

CPI–U (298.012) = 1.03241. The 

Commission multiplies 1.03241 by the 

most recent penalty amount and then 

rounds the result to the nearest dollar. 

For 2024, the adjusted penalty or 

penalty range for each applicable 

penalty is calculated by multiplying the 

most recent penalty amount by the 2024 

annual adjustment (1.03241), then 

rounding the result to the nearest dollar. 

The adjustments in civil monetary 

penalties that we adopt in this Order 

apply only to such penalties assessed on 

and after January 15, 2024. 

Paperwork Reduction Act 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. It does not contain any 

new or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that this rule is non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Order to Congress 

and the Government Accountability 

Office pursuant to 5 U.S.C. 801(a)(1)(A). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 2149 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure, Penalties. 

Federal Communications Commission. 

Peter Hyun, 

Chief of Staff and Deputy Bureau Chief, 

Enforcement Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 1 as 

follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 is 

revised to read as follows: 

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 

U.S.C. 2461 note, unless otherwise noted. 

■ 2. Amend § 1.80 by revising 

paragraphs (b)(1) through (10), Table 4 

to paragraph (b)(11), and paragraph 

(b)(12)(ii) to read as follows: 

§ 1.80 Forfeiture proceedings. 

* * * * * 

(b) * * * 

(1) Forfeiture penalty for a broadcast 

station licensee, permittee, cable 

television operator, or applicant. If the 

violator is a broadcast station licensee or 

permittee, a cable television operator, or 

an applicant for any broadcast or cable 

television operator license, permit, 

certificate, or other instrument of 

authorization issued by the 

Commission, except as otherwise noted 

in this paragraph (b)(1), the forfeiture 

penalty under this section shall not 

exceed $61,238 for each violation or 

each day of a continuing violation, 

except that the amount assessed for any 

continuing violation shall not exceed a 

total of $612,395 for any single act or 

failure to act described in paragraph (a) 

of this section. There is no limit on 

forfeiture assessments for EEO 

violations by cable operators that occur 

after notification by the Commission of 

a potential violation. See section 

634(f)(2) of the Communications Act (47 

U.S.C. 554). Notwithstanding the 

foregoing in this section, if the violator 

is a broadcast station licensee or 

permittee or an applicant for any 

broadcast license, permit, certificate, or 

other instrument of authorization issued 

by the Commission, and if the violator 

is determined by the Commission to 

have broadcast obscene, indecent, or 

profane material, the forfeiture penalty 

under this section shall not exceed 

$495,500 for each violation or each day 

of a continuing violation, except that the 

amount assessed for any continuing 

violation shall not exceed a total of 

$4,573,840 for any single act or failure 

to act described in paragraph (a) of this 

section. 

(2) Forfeiture penalty for a common 

carrier or applicant. If the violator is a 

common carrier subject to the 

provisions of the Communications Act 

or an applicant for any common carrier 

license, permit, certificate, or other 

instrument of authorization issued by 

the Commission, the amount of any 

forfeiture penalty determined under this 

section shall not exceed $244,958 for 

each violation or each day of a 

continuing violation, except that the 

amount assessed for any continuing 

violation shall not exceed a total of 

$2,449,575 for any single act or failure 

to act described in paragraph (a) of this 

section. 

(3) Forfeiture penalty for a 

manufacturer or service provider. If the 

violator is a manufacturer or service 

provider subject to the requirements of 

section 255, 716, or 718 of the 

Communications Act (47 U.S.C. 255, 

617, or 619), and is determined by the 

Commission to have violated any such 

requirement, the manufacturer or 

service provider shall be liable to the 

United States for a forfeiture penalty of 

not more than $140,674 for each 

violation or each day of a continuing 

violation, except that the amount 

assessed for any continuing violation 

shall not exceed a total of $1,406,728 for 

any single act or failure to act. 

(4) Forfeiture penalty for a 227(e) 

violation. Any person determined to 

have violated section 227(e) of the 

Communications Act or the rules issued 

by the Commission under section 227(e) 

of the Communications Act shall be 

liable to the United States for a 

forfeiture penalty of not more than 

$14,067 for each violation or three times 

that amount for each day of a continuing 

violation, except that the amount 

assessed for any continuing violation 

shall not exceed a total of $1,406,728 for 

any single act or failure to act. Such 

penalty shall be in addition to any other 

forfeiture penalty provided for by the 

Communications Act. 

(5) Forfeiture penalty for a 

227(b)(4)(B) violation. Any person 

determined to have violated section 

227(b)(4)(B) of the Communications Act 

or the rules in 47 CFR part 64 issued by 

the Commission under section 

227(b)(4)(B) of the Communications Act 

shall be liable to the United States for 

a forfeiture penalty determined in 

accordance with paragraphs (A)–(F) of 

section 503(b)(2) plus an additional 

penalty not to exceed $11,955. 

(6) Forfeiture penalty for pirate radio 

broadcasting. (i) Any person who 

willfully and knowingly does or causes 

or suffers to be done any pirate radio 

broadcasting shall be subject to a fine of 

not more than $2,391,097; and 

(ii) Any person who willfully and 

knowingly violates the Act or any rule, 

regulation, restriction, or condition 

made or imposed by the Commission 

under authority of the Act, or any rule, 

regulation, restriction, or condition 

made or imposed by any international 

radio or wire communications treaty or 

convention, or regulations annexed 

thereto, to which the United States is 

party, relating to pirate radio 

broadcasting shall, in addition to any 

other penalties provided by law, be 

subject to a fine of not more than 

$119,555 for each day during which 

such offense occurs, in accordance with 

the limit described in this section. 

(7) Forfeiture penalty for a section 

6507(b)(4) Tax Relief Act violation. If a 

violator who is granted access to the DoNot-Call registry of public safety 

answering points discloses or 

disseminates any registered telephone 

number without authorization, in 

violation of section 6507(b)(4) of the 

Middle Class Tax Relief and Job 

Creation Act of 2012 or the 

Commission’s implementing rules in 47 

CFR part 64, the monetary penalty for 

such unauthorized disclosure or 

dissemination of a telephone number 

from the registry shall be not less than 

$131,738 per incident nor more than 

$1,317,380 per incident depending 

upon whether the conduct leading to 

the violation was negligent, grossly 

negligent, reckless, or willful, and 

depending on whether the violation was 

a first or subsequent offense. 

(8) Forfeiture penalty for a section 

6507(b)(5) Tax Relief Act violation. If a 

violator uses automatic dialing 

equipment to contact a telephone 

number on the Do-Not-Call registry of 

public safety answering points, in 

violation of section 6507(b)(5) of the 

Middle Class Tax Relief and Job 

Creation Act of 2012 or the 

Commission’s implementing rules in 47 

CFR part 64, the monetary penalty for 

contacting such a telephone number 

shall be not less than $13,174 per call 

nor more than $131,738 per call 

depending on whether the violation was 

negligent, grossly negligent, reckless, or 

willful, and depending on whether the 

violation was a first or subsequent 

offense. 

(9) Forfeiture penalty for a failure to 

block. Any person determined to have 

failed to block illegal robocalls pursuant 

to §§ 64.6305(g) and 64.1200(n) of this 

chapter shall be liable to the United 

States for a forfeiture penalty of no more 

than $24,496 for each violation, to be 

assessed on a per-call basis. 


khammond on DSKJM1Z7X2PROD with RULES
2150 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 

1Unlike section 503 of the Act, which establishes 

maximum forfeiture amounts, other sections of the 

Act, with two exceptions, state prescribed amounts 

of forfeitures for violations of the relevant section. 

These amounts are then subject to mitigation or 

remission under section 504 of the Act. One 

exception is section 223 of the Act, which provides 

a maximum forfeiture per day. For convenience, the 

Commission will treat this amount as if it were a 

prescribed base amount, subject to downward 

adjustments. The other exception is section 227(e) 

of the Act, which provides maximum forfeitures per 

violation, and for continuing violations. The 

Commission will apply the factors set forth in 

section 503(b)(2)(E) of the Act and this table 4 to 

determine the amount of the penalty to assess in 

any particular situation. The amounts in this table 

4 are adjusted for inflation pursuant to the Debt 

Collection Improvement Act of 1996 (DCIA), 28 

U.S.C. 2461. These non-section 503 forfeitures may 

be adjusted downward using the ‘‘Downward 

Adjustment Criteria’’ shown for section 503 

forfeitures in table 3 to this paragraph (b)(11). 

(10) Maximum forfeiture penalty for 

any case not previously covered. In any 

case not covered in paragraphs (b)(1) 

through (9) of this section, the amount 

of any forfeiture penalty determined 

under this section shall not exceed 

$24,496 for each violation or each day 

of a continuing violation, except that the 

amount assessed for any continuing 

violation shall not exceed a total of 

$183,718 for any single act or failure to 

act described in paragraph (a) of this 

section. 

(11) * * * 

TABLE 4 TO PARAGRAPH (b)(11)—NON-SECTION 503 FORFEITURES THAT ARE AFFECTED BY THE DOWNWARD

ADJUSTMENT FACTORS 1

Violation Statutory amount after 2024 annual inflation adjustment 

Sec. 202(c) Common Carrier Discrimination ........................................... $14,697, $735/day. 

Sec. 203(e) Common Carrier Tariffs ........................................................ $14,697, $735/day. 

Sec. 205(b) Common Carrier Prescriptions ............................................. $29,395. 

Sec. 214(d) Common Carrier Line Extensions ........................................ $2,939/day. 

Sec. 219(b) Common Carrier Reports ..................................................... $2,939/day. 

Sec. 220(d) Common Carrier Records & Accounts ................................. $14,697/day. 

Sec. 223(b) Dial-a-Porn ............................................................................ $152,310/day. 

Sec. 227(e) Caller Identification ............................................................... $14,067/violation. 

$42,200/day for each day of continuing violation, up to $1,406,728 for 

any single act or failure to act. 

Sec. 364(a) Forfeitures (Ships) ................................................................ $12,249/day (owner). 

Sec. 364(b) Forfeitures (Ships) ................................................................ $2,451 (vessel master). 

Sec. 386(a) Forfeitures (Ships) ................................................................ $12,249/day (owner). 

Sec. 386(b) Forfeitures (Ships) ................................................................ $2,451 (vessel master). 

Sec. 511 Pirate Radio Broadcasting ........................................................ $2,391,097, $119,555/day. 

Sec. 634 Cable EEO ................................................................................ $1,086/day. 

(12) * * * 

(ii) The application of the annual 

inflation adjustment required by the 

foregoing Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 results in the following 

adjusted statutory maximum forfeitures 

authorized by the Communications Act: 

TABLE 5 TO PARAGRAPH (b)(12)(ii) 

U.S. Code citation Maximum penalty after 2024 annual inflation adjustment 

47 U.S.C. 202(c) ....................................................................................... $14,697. 

$735. 

47 U.S.C. 203(e) ...................................................................................... $14,697. 

$735. 

47 U.S.C. 205(b) ...................................................................................... $29,395. 

47 U.S.C. 214(d) ...................................................................................... $2,939. 

47 U.S.C. 219(b) ...................................................................................... $2,939. 

47 U.S.C. 220(d) ...................................................................................... $14,697. 

47 U.S.C. 223(b) ...................................................................................... $152,310. 

47 U.S.C. 227(b)(4)(B) ............................................................................. $61,238, plus an additional penalty not to exceed $11,955. 

$612,395, plus an additional penalty not to exceed $11,955. 

$244,958, plus an additional penalty not to exceed $11,955. 

$2,449,575, plus an additional penalty not to exceed $11,955. 

$495,500, plus an additional penalty not to exceed $11,955. 

$4,573,840, plus an additional penalty not to exceed $11,955. 

$24,496, plus an additional penalty not to exceed $11,955. 

$183,718, plus an additional penalty not to exceed $11,955. 

$140,674, plus an additional penalty not to exceed $11,955. 

$1,406,728, plus an additional penalty not to exceed $11,955. 

47 U.S.C. 227(e) ...................................................................................... $14,067. 

$42,200. 

$1,406,728. 

47 U.S.C. 362(a) ...................................................................................... $12,249. 

47 U.S.C. 362(b) ...................................................................................... $2,451. 

47 U.S.C. 386(a) ...................................................................................... $12,249. 

47 U.S.C. 386(b) ...................................................................................... $2,451. 

47 U.S.C. 503(b)(2)(A) ............................................................................. $61,238. 

$612,395. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 2151 

TABLE 5 TO PARAGRAPH (b)(12)(ii)—Continued 

U.S. Code citation Maximum penalty after 2024 annual inflation adjustment 

47 U.S.C. 503(b)(2)(B) ............................................................................. $244,958. 

$2,449,575. 

47 U.S.C. 503(b)(2)(C) ............................................................................. $495,500. 

$4,573,840. 

47 U.S.C. 503(b)(2)(D) ............................................................................. $24,496. 

$183,718. 

47 U.S.C. 503(b)(2)(F) ............................................................................. $140,674. 

$1,406,728. 

47 U.S.C. 507(a) ...................................................................................... $2,426. 

47 U.S.C. 507(b) ...................................................................................... $356. 

47 U.S.C. 511 ........................................................................................... $2,391,097. 

$119,555. 

47 U.S.C. 554 ........................................................................................... $1,086. 

Sec. 6507(b)(4) of Tax Relief Act ............................................................ $1,317,380/incident. 

Sec. 6507(b)(5) of Tax Relief Act ............................................................ $131,738/call. 

* * * * * 

[FR Doc. 2024–00624 Filed 1–11–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 17–84; FCC 23–109; FR 

ID 195734] 

Accelerating Wireline Broadband 

Deployment by Removing Barriers to 

Infrastructure Investment 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) establishes rules creating 

a new process for the Commission’s 

review and assessment of pole 

attachment disputes that impede or 

delay broadband deployment in order to 

expedite resolution of such disputes, 

and providing communications 

providers with information about the 

status of the utility poles they plan to 

use as they map out their broadband 

buildouts. 

DATES: Effective February 12, 2024, 

except for §§ 1.1411(c)(4) (amendatory 

instruction 2) and 1.1415 (amendatory 

instruction 4), which are delayed 

indefinitely. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for those sections. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

either Michele Berlove, Assistant 

Division Chief, Competition Policy 

Division, Wireline Competition Bureau, 

at michele.berlove@fcc.gov or at (202) 

418–1477, or Michael Ray, Attorney 

Advisor, Competition Policy Division, 

Wireline Competition Bureau, at 

michael.ray@fcc.gov or at (202) 418– 

0357. For additional information 

concerning the Paperwork Reduction 

Act proposed information collection 

requirements contained in this 

document, send an email toPRA@

fcc.govor contact Nicole Ongele at (202) 

418–2991. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Fourth 

Report and Order in WC Docket No. 17– 

84, adopted December 13, 2023, and 

released December 15, 2023. The full 

text of this document is available for 

public inspection at the following 

internet address: https://docs.fcc.gov/ 

public/attachments/FCC-23-109A1.pdf. 

To request materials in accessible 

formats for people with disabilities (e.g., 

Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530. 

Synopsis 

I. Introduction

1. Access to a broadband connection

is a necessity of modern life. With 

consumers more dependent than ever 

on fixed and mobile broadband 

networks for work, healthcare services, 

education, and social activities, the 

Commission remains committed to 

ensuring consumers across the nation 

have meaningful access to broadband. 

With the support of the Commission’s 

universal service fund, the 

Infrastructure Investment and Jobs Act, 

which included the largest ever Federal 

investment in broadband, as well as 

other Federal and state broadband 

deployment programs, more funding 

than ever is available to build the 

necessary infrastructure to bring muchneeded broadband services to unserved 

and underserved areas in the United 

States. Key to these broadband projects 

are the utility poles that support the 

wires and the wireless equipment that 

carry broadband to American homes 

and businesses. 

2. Over the last several years, the

Commission has taken significant steps 

in setting the ‘‘rules for the road’’ for the 

discussions between utilities and 

telecommunications companies about 

the timing and cost of attaching 

broadband equipment to utility poles, 

with the backstop of a robust complaint 

process when parties cannot agree on 

the rates, terms, and conditions for pole 

attachments. (Note that section 224(c) of 

the Communications Act of 1934, as 

amended (the Act), exempts from 

Commission jurisdiction those pole 

attachments in states that have elected 

to regulate pole attachments themselves. 

To date, 23 states and the District of 

Columbia have opted out of 

Commission regulation of pole 

attachments in their jurisdictions. The 

Commission’s pole attachment rules 

currently only apply to cable operators 

and providers of telecommunications 

services and therefore do not apply to 

broadband-only internet service 

providers. We recently proposed to 

reclassify broadband internet access 

service as a telecommunications service, 

which would, if completed, apply 

section 224 and the Commission’s pole 

attachment rules to broadband-only 

internet service providers.) In this item, 

we take additional steps to speed 

broadband deployment by making the 

pole attachment process faster, more 

transparent, and more cost effective. 

Specifically, we adopt rules (1) 

establishing a new process for the 

Commission’s review and assessment of 

pole attachment disputes that impede or 

delay broadband deployment in order to 

expedite resolution of such disputes, 

and (2) providing communications 

providers with information about the 


khammond on DSKJM1Z7X2PROD with RULES