FCC v. AT&T · ¶16

The recipient's other option is to do nothing. See Action for Children's Television v. FCC, 59 F. 3d 1249, 1261 (CADC 1995). In the event of nonpayment of a forfeiture penalty “determined under [§ 503(b)(4)],” the penalty “shall be recoverable . . . in a civil suit in the name of the United States.” 47 U. S. C. § 504(a). The Commission thus may refer the matter to the Department of Justice, which then may—but need not—bring a civil suit within five years of the issuance of the order. See ibid.; 28 U. S. C. § 2462. That suit “shall be a trial de novo.” 47 U. S. C. § 504(a).

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