
          HR 1004 IH
          104th CONGRESS
          1st Session
          To protect the public from the misuse of the telecommunications
          network and telecommunications devices and facilities.
                             IN THE HOUSE OF REPRESENTATIVES
                                    February 21, 1995
          Mr. Johnson of South Dakota introduced the following bill; which
              was referred to the Committee on Commerce and, in addition, to
              the Committee on the Judiciary, for a period to be subsequently
              determined by the Speaker, in each case for consideration of
              such provisions as fall within the jurisdiction of the
              committee concerned
                                         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.



