NOTICE OF APPARENT LIABILITY
The most common way a fine is assessed against someone for violating the FCC’s rules is through the issuance of a Notice of Apparent Liability (“NAL”). A NAL serves as notice to the recipient that a fine will be imposed unless the FCC can be convinced to withdraw the fine or reduce it. The process is finalized with the issuance of a Notice of Forfeiture. In most cases, before an NAL can be issued, the FCC must first send a Citation warning the recipient of the rules violation and the Citation must be ignored. US CODE: Title 47,503 If a Citation is not issued before a NAL is issued, the NAL may be subject to attack.
FCC CITATION
When the FCC believes that someone has violated their rules, it must issue a Citation before issuing a NAL. The only exception is where either the person who violated the rules is licensed by the FCC or where the person violating the rules is doing some act which requires a license from the FCC. A Citation is a written document which recites what the FCC believes you did wrong, the section of the Code or rule you are believed to have violated, and states the address and opportunity for an in person discussion with an FCC employee to discuss the matter.
The issuance of a Citation prior to issuance of a NAL is of critical importance to the enforceability of the NAL. There is no obligation to pay a fine assessed as a result of a NAL unless the NAL has been upheld by the courts. If the FCC does not follow proper procedures, the courts will not uphold the NAL. It is important to remember that the FCC imposes stiffer fines on repeat violators. However, if a NAL has not been paid or upheld by the courts, the FCC cannot use that NAL against you later. Therefore, if you receive a NAL you should always consult with a legal professional. In some circumstances you may be able to force the FCC to pay your legal fees.