[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 314 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 314

To protect the public from the misuse of the telecommunications network 
             and telecommunications devices and facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 1 (legislative day, January 30), 1995

 Mr. Exon (for himself and Mr. Gorton) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To protect the public from the misuse of the telecommunications network 
             and telecommunications devices and facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Communications Decency Act of 
1995''.

SEC. 2. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER 
              THE COMMUNICATIONS ACT OF 1934.

    (a) Offenses.--Section 223 of the Communications Act of 1934 (47 
U.S.C. 223) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking out ``telephone'' in the matter 
                above subparagraph (A) and inserting 
                ``telecommunications device'';
                    (B) by striking out ``makes any comment, request, 
                suggestion, or proposal'' in subparagraph (A) and 
                inserting ``makes, transmits, or otherwise makes 
                available any comment, request, suggestion, proposal, 
                image, or other communication'';
                    (C) by striking out subparagraph (B) and inserting 
                the following:
                    ``(B) makes a telephone call or utilizes a 
                telecommunications device, whether or not conversation 
                or communications ensues, without disclosing his 
                identity and with intent to annoy, abuse, threaten, or 
                harass any person at the called number or who receives 
                the communication;'' and
                    (D) by striking out subparagraph (D) and inserting 
                the following:
                    ``(D) makes repeated telephone calls or repeatedly 
                initiates communication with a telecommunications 
                device, during which conversation or communication 
                ensues, solely to harass any person at the called 
                number or who receives the communication; or'';
            (2) in subsection (a)(2), by striking ``telephone 
        facility'' and inserting ``telecommunications facility'';
            (3) in subsection (b)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``telephone'' and inserting 
                        ``telecommunications device''; and
                            (ii) inserting ``or initiated the 
                        communication'' and ``placed the call'', and
                    (B) in subparagraph (B), by striking ``telephone 
                facility'' and inserting ``telecommunications 
                facility''; and
            (4) in subsection (b)(2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``by means of telephone, 
                        makes'' and inserting ``by means of telephone 
                        or telecommunications device, makes, knowingly 
                        transmits, or knowingly makes available''; and
                            (ii) by inserting ``or initiated the 
                        communication'' after ``placed the call''; and
                    (B) in subparagraph (B), by striking ``telephone 
                facility'' and inserting in lieu thereof 
                ``telecommunications facility''.
    (b) Penalties.--Section 223 of such Act (47 U.S.C. 223) is 
amended--
            (1) by striking out ``$50,000'' each place it appears and 
        inserting ``$100,000''; and
            (2) by striking ``six months'' each place it appears and 
        inserting ``2 years''.
    (c) Prohibition on Provision of Access.--Subsection (c)(1) of such 
section (47 U.S.C. 223(c)) is amended by striking ``telephone'' and 
inserting ``telecommunications device.''
    (d) Conforming Amendment.--The section heading for such section is 
amended to read as follows: ``obscene or harassing utilization of 
telecommunications devices and facilities in the district of columbia 
or in interstate or foreign communications''.

SEC. 3. OBSCENE PROGRAMMING ON CABLE TELEVISION.

    Section 639 of the Communications Act of 1934 (47 U.S.C. 559) is 
amended by striking ``$10,000'' and inserting ``$100,000''.

SEC. 4. BROADCASTING OBSCENE LANGUAGE ON RADIO.

    Section 1464 of title 18, United States Code, is amended by 
striking out ``$10,000'' and inserting ``$100,000''.

SEC. 5. INTERCEPTION AND DISCLOSURE OF ELECTRONIC COMMUNICATIONS.

    Section 2511 of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``wire, oral, or electronic 
                communication'' each place it appears and inserting 
                ``wire, oral, electronic, or digital communication'', 
                and
                    (B) in the matter designated as ``(b)'', by 
                striking ``oral communication'' in the matter above 
                clause (i) and inserting ``communication''; and
            (2) in paragraph (2)(a), by striking ``wire or electronic 
        communication service'' each place it appears (other than in 
        the second sentence) and inserting ``wire, electronic, or 
        digital communication service''.

SEC. 6. ADDITIONAL PROHIBITION ON BILLING FOR TOLL-FREE TELEPHONE 
              CALLS.

    Section 228(c)(6) of the Communications Act of 1934 (47 U.S.C. 
228(c)(6)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting a semicolon and ``or''; and
            (3) by adding at the end thereof the following:
                    ``(E) the calling party being assessed, by virtue 
                of being asked to connect or otherwise transfer to a 
                pay-per-call service, a charge for the call.''.

SEC. 7. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.

    Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 
551 et seq.) is amended by adding at the end the following:

``SEC. 640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.

    ``(a) Requirement.--In providing video programming unsuitable for 
children to any subscriber through a cable system, a cable operator 
shall fully scramble or otherwise fully block the video and audio 
portion of each channel carrying such programming so that one not a 
subscriber does not receive it.
    ``(b) Definition.--As used in this section, the term `scramble' 
means to rearrange the content of the signal of the programming so that 
the programming cannot be received by persons unauthorized to receive 
the programming.''.

SEC. 8. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS.

    (a) Public, Educational, and Governmental Channels.--Section 611(e) 
of the Communications Act of 1934 (47 U.S.C. 531(e)) is amended by 
inserting before the period the following: ``, except a cable operator 
may refuse to transmit any public access program or portion of a public 
access program which contains obscenity, indecency, or nudity''.
    (b) Cable Channels for Commercial Use.--Section 612(c)(2) of the 
Communications Act of 1934 (47 U.S.C. 532(c)(2)) is amended by striking 
``an operator'' and inserting ``a cable operator may refuse to transmit 
any leased access program or portion of a leased access program which 
contains obscenity, indecency, or nudity.
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