103 STAT. 2132 PUBLIC LAW 101-239—DEC. 19, 1989 "(2)(A) If the violator is (i) a broadcast station licensee or permit- tee, (ii) a cable television operator, or (iii) an applicant for any broadcast or cable television operator license, permit, certificate, or other instrument or authorization issued by the Commission, the - amount of any forfeiture penalty determined under this section shall not exceed $25,000 for each violation or each day of a continu- ing violation, except that the amount assessed for any continuing violation shall not exceed a total of $250,000 for any single act or failure to act described in paragraph (1) of this subsection. ^ "(B) If the violator is a common carrier subject to the provisions of this 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 ?' ^ t this subsection shall not exceed $100,000 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 $1,000,000 for any single act or failure to act described in paragraph (1) of this subsection. "(C) In any case not covered in subparagraph (A) or (B), the amount of any forfeiture penalty determined under this subsection shall not exceed $10,000 for each violation or each day of a continu- ing violation, except that the amount assessed for any continuing violation shall not exceed a total of $75,000 for any single act or failure to act described in paragraph (1) of this subsection. "(D) The amount of such forfeiture penalty shall be assessed by the Commission, or its designee, by written notice. In determining the amount of such a forfeiture penalty, the Commission or ite designee shall take into account the nature, circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.". Subtitle B—NRC User Fees SEC. 3201. NRC USER FEES. Section 7601 of the Consolidated Omnibus Budget Reconciliation 42 USC 2213. Act of 1985 (COBRA) (Public Law 99-272) is amended to read as follows: "(1) IN GENERAL.—The Nuclear Regulatory Commission shall assess and collect annual charges from its licensees on a fiscal V year basis, except that— "(A) the maximum amount of the aggregate charges . v|| assessed pursucint to this paragraph in any fiscal year may not exceed an amount that, when added to other amounts '^ collected by the Commission for such fiscal year under ,. other provisions of law, is estimated to be equal to 33 percent of the costs incurred by the Commission with re- spect to such fiscal year, except that for fiscal year 1990 such maximum amount shall be estimated to be equal to 45 percent of the costs incurred by the Commission for fiscal year 1990; and "(B) any such charge assessed pursuant to this paragraph shall be reasonably related to the regulatory service pro- vided by the Commission and shall fairly reflect the cost to the Commission of providing such service.
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