FCC Vacates 2015 Forfeiture Policy Statement that Used Treble Damages

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The FCC has issued a Memorandum Opinion and Order, vacating a 2015 Forfeiture Policy Statement that used a “treble damages” methodology to determine forfeiture penalties for violation of payment rules for the Universal Service Fund (USF), Telecommunications Relay Service (TRS) Fund, Local Number Portability (LNP), North America Numbering Plan (NANP), and federal regulatory fees.  In vacating this Policy Statement, which the FCC said it has never applied to an adjudication of USF, TRS, NANP or regulatory fee payment violations, the FCC will continue to determine forfeitures for violating FCC rules on a case-by-case basis.  Along with this Order, the FCC accordingly dismissed as moot a Petition for Reconsideration and Petition for Stay related to the Policy Statement.

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