[Congressional Record Volume 141, Number 94 (Friday, June 9, 1995)]
[Senate]
[Pages S8120-S8121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


    The Telecommunications Competition and Deregulation Act of 1995 
                   Communications Decency Act of 1995
                      SANTORUM AMENDMENT NO. 1267

  Mr. SANTORUM proposed an amendment to the bill (S. 652) to provide 
for a procompetitive, deregulatory national policy framework designed 
to accelerate rapidly private sector deployment of advanced 
telecommunications and information technologies and services to all 
Americans by opening all telecommunications markets to competition, and 
for other purposes; as follows:

       On page 94, strike out line 24 and all that follows through 
     page 97, line 22, and insert in lieu thereof the following:
       ``(C) providing a service that permits a customer that is 
     located in one LATA to retrieve stored information from, or 
     file information for storage in, information storage 
     facilities of such company that are located in another LATA 
     area, so long as the customer acts affirmatively to initiate 
     the storage or retrieval of information, except that--
       ``(i) such service shall not cover any service that 
     establishes a direct connection between end users or any 
     real-time voice and data transmission.
       ``(ii) such service shall not include voice, data, or 
     facsimile distribution services in which the Bell operating 
     company or affiliate forwards customer-supplied information 
     to customer- or carrier-selected recipients,
       ``(iii) such service shall not include any service in which 
     the Bell operating company or affiliate searches for and 
     connects with the intended recipient of information, or any 
     service in which the Bell operating company or affiliate 
     automatically forwards stored voicemail or other information 
     to the intended recipient, and
       ``(iv) customers of such service shall not be billed a 
     separate charge for the interLATA telecommunications 
     furnished in conjunction with the provision of such service,
       ``(D) providing signaling information used in connection 
     with the provision of telephone exchange service or exchange 
     access service to another local exchange carrier; or
       ``(E) providing network control signaling information to, 
     and receiving such signaling information from, interchange 
     carriers at any location within the area in which such 
     company provides telephone exchange service or exchange 
     access service.
       ``(2) Limitations.--The provisions of paragraph (1) are 
     intended to be narrowly construed. The transmission 
     facilities used by a Bell operating company or affiliate 
     thereof to provide interLATA telecommunications under 
     paragraph (1)(C) and subsection (f) shall be leased by that 
     company from unaffiliated entities on terms and conditions 
     (including price) no more favorable than those available to 
     the competitors of that company until that Bell operating 
     company receives authority to provide interLATA services 
     under subsection (c). The interLATA services provided under 
     paragraph (1)(A) are limited to those interLATA transmissions 
     incidental to the provision by a Bell operating company or 
     its affiliate of video, audio, and other programming services 
     that the company or its affiliate is engaged in providing to 
     the public. A Bell operating company may not provide 
     telecommunications services not described in paragraph (1) 
     without receiving the approvals required by subsection (c). 
     The provision of services authorized under this subsection by 
     a Bell operating company or its affiliate shall not adversely 
     affect telephone exchange ratepayers or competition in any 
     telecommunications market.
       ``(f) Commercial Mobile Service.--A Bell operating company 
     may provide interLATA commercial mobile service except where 
     such service is a replacement for land line telephone 
     exchange service in a State in accordance with section 322(c) 
     and with the regulations prescribed by the Commission.
       ``(g) Definitions.--As used in this section--
                                 ______


                        EXON AMENDMENT NO. 1268

  (Ordered to lie on the table.)
  Mr. EXON submitted an amendment intended to be proposed by him to the 
bill S. 652, supra; as follows:

       Beginning on page 137 line 12 through page 143 line 10, 
     strike all therein and insert in lieu thereof:
       (1) by striking subsection (a) and inserting in lieu 
     thereof:
       ``(a) Whoever--
       ``(1) in the District of Columbia or in interstate or 
     foreign communications
       ``(A) by means of telecommunications device knowingly--
       ``(i) makes, creates, or solicits, and
       ``(ii) initiates the transmission of,

     any comment, request, suggestion, proposal, image, or other 
     communication which is obscene, lewd, lascivious, filthy, or 
     indecent, with intent to annoy, abuse, threaten, or harass 
     another person;
       ``(B) makes a telephone call or utilizes a 
     telecommunications device, whether or not conversation or 
     communication 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;
       ``(C) makes or causes the telephone of another repeatedly 
     or continuously to ring, with intent to harass any person at 
     the called number; or
       ``(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) knowingly permits any telecommunications facility 
     under his control to be used for any activity prohibited by 
     paragraph (1) with the intent that it be used for
      such activity,

     shall be fined not more than $100,000 or imprisoned not more 
     than two years, or both.''; and
       (2) Section 223 (47 U.S.C. 223) is further amended by 
     adding at the end the following new subsections:
       ``(d) Whoever--
       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device--
       ``(A) makes, creates, or solicits, and
       ``(B) initiates the transmission of or purposefully makes 
     available,

     any comment, request, suggestion, proposal, image, or other 
     communication which is obscene, regardless of whether the 
     maker of such communication placed the call or initiated the 
     communications; or
       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by subsection (d)(1) with the intent that it be 
     used for such activity;

     shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.
       ``(e) Whoever--
       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device--
       ``(A) makes, creates, or solicits, and
       ``(B) initiates the transmission of, or purposefully makes 
     available,

     any indecent comment, request, suggestion, proposal, image, 
     or other communication to any person under 18 years of age 
     regardless of whether the maker of such communication placed 
     the call or initiated the communication; or
       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by paragraph (1) with the intent that it be used 
     for such activity,
      shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.
       ``(f) Defenses to the subsections (a), (d), and (e), 
     restrictions on access, judicial remedies respecting 
     restrictions for persons providing information services and 
     access to information services--
       ``(1) The provision of access by a person, to a person 
     including transmission, downloading, storage, navigational 
     tools, and related capabilities which are incidental to the 
     transmission of communications, and not involving the 
     creation or editing of the content of the communications, for 
     another person's communications to or from a service, 
     facility, system, or network not under the access provider's 
     control shall by itself not be a violation of subsection (a), 
     (d), or (e). This subsection shall not be applicable to an 
     individual who is owned or controlled by, or a conspirator 
     with, an entity actively involved in the creation, editing or 
     knowing [[Page S8121]] distribution of communications which 
     violate this section.
       ``(2) It is a defense to prosecution under subsection 
     (a)(2), (d)(2), or (e)(2) that a person did not have 
     editorial control over the communication specified in this 
     section. This defense shall not be available to an individual 
     who ceded editorial control to an entity which the defendant 
     knew or had reason to know intended to engage in conduct that 
     was likely to violate this section.
       ``(3) It is a defense to prosecution under subsection (a), 
     (d)(2), or (e) that a person has taken good faith, reasonable 
     and appropriate steps, to restrict or prevent the 
     transmission of, or access to, communications described in 
     such provisions according to such procedures as the 
     Commission may prescribe by regulation. Nothing in this 
     subsection shall be construed to treat enhanced information 
     services as common carriage.
       ``(4) No cause of action may be brought in any court or 
     administrative agency against any person on account of any 
     activity which is not in violation of any law punishable by 
     criminal or civil penalty, which activity the person has 
     taken in good faith to implement a defense authorized under 
     this section of otherwise to
      restrict or prevent the transmission of, or access to, a 
     communication specified in this section.
       ``(g) No State or local government may impose any liability 
     for commercial activities or actions by commercial entities 
     in connection with an activity or action which constitutes a 
     violation described in subsection (a)(2), (d)(2), or (e)(2) 
     that is inconsistent with the treatment of those activities 
     or actions under this section provided, however, that nothing 
     herein shall preclude any State or local government from 
     enacting and enforcing complementary oversight, liability, 
     and regulatory systems, procedures, and requirements, so long 
     as such systems, procedures, and requirements govern only 
     intrastate services and do not result in the imposition of 
     inconsistent rights, duties or obligations on the provision 
     of interstate services. Nothing in this subsection shall 
     preclude any State or local government from governing conduct 
     not covered by this section.
       ``(h) Nothing in subsection (a), (d), (e), or (f) or in the 
     defenses to prosecution under (a), (d), or (e) shall be 
     construed to affect or limit the application or enforcement 
     of any other Federal law.
       ``(i) The use of the term `telecommunications device' in 
     this section shall not impose new obligations on (one-way) 
     broadcast radio or (one-way) broadcast television operators 
     licensed by the Commission or (one-way) cable service 
     registered with the Commission and covered by obscenity and 
     indecency provisions elsewhere in this Act.''.
       On page 144, strike lines 1 through 17.
       

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