; (ii) by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new item: (bb) for violations of each qualified disclaimer requirement, in an amount which is determined under a schedule of penalties which is established and published by the Commission and which takes into account the existence of previous violations by the person and how broadly the communication is distributed and such other factors as the Commission considers appropriate, provided that any such civil penalty shall not exceed $50,000 per covered communication. . (2) Failure to respond Section 309(a)(4)(C)(ii) of such Act ( 52 U.S.C. 30109(a)(4)(C)(ii) ) is amended by striking the period at the end and inserting , except that in the case of a violation of a qualified disclaimer requirement, failure to timely respond after the Commission has notified the person of an alleged violation under subsection (a)(1) shall constitute the person’s admission of the factual allegations of the complaint. . (3) Qualified disclaimer requirement defined Section 309(a)(4)(C) of such Act ( 52 U.S.C. 30109(a)(4)(C) ) is amended by redesignating clause (v) as clause (vi) and by inserting after clause (iv) the following new clause: (v) In this subparagraph, the term qualified disclaimer requirement means the requirement of section 318(e)(2). . (4) Application Clause (vi) of section 309(a)(4)(C) of such Act ( 52 U.S.C. 30109(a)(4)(C) ), as redesignated by paragraph (3), is amended— (A) by striking shall apply with respect to violations and inserting shall apply— (I) with respect to violations of qualified disclosure requirements ; (B) by striking the period at the end and inserting ; and