Goto Section: 64.1 | 64.301 | Table of Contents
FCC 64.201
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 64.201 Restrictions on indecent telephone message services.
(a) It is a defense to prosecution for the provision of indecent
communications under section 223(b)(2) of the Communications Act of
1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has
taken the action set forth in paragraph (a)(1) of this section and, in
addition, has complied with the following: Taken one of the actions set
forth in paragraphs (a)(2), (3), or (4) of this section to restrict
access to prohibited communications to persons eighteen years of age or
older, and has additionally complied with paragraph (a)(5) of this
section, where applicable:
(1) Has notified the common carrier identified in section 223(c)(1) of
the Act, in writing, that he or she is providing the kind of service
described in section 223(b)(2) of the Act.
(2) Requires payment by credit card before transmission of the message;
or
(3) Requires an authorized access or identification code before
transmission of the message, and where the defendant has:
(i) Issued the code by mailing it to the applicant after reasonably
ascertaining through receipt of a written application that the
applicant is not under eighteen years of age; and
(ii) Established a procedure to cancel immediately the code of any
person upon written, telephonic or other notice to the defendant's
business office that such code has been lost, stolen, or used by a
person or persons under the age of eighteen, or that such code is no
longer desired; or
(4) Scrambles the message using any technique that renders the audio
unintelligible and incomprehensible to the calling party unless that
party uses a descrambler; and,
(5) Where the defendant is a message sponsor subscriber to mass
announcement services tariffed at this Commission and such defendant
prior to the transmission of the message has requested in writing to
the carrier providing the public announcement service that calls to
this message service be subject to billing notification as an adult
telephone message service.
(b) A common carrier within the District of Columbia or within any
State, or in interstate or foreign commerce, shall not, to the extent
technically feasible, provide access to a communication described in
section 223(b) of the Act from the telephone of any subscriber who has
not previously requested in writing the carrier to provide access to
such communication if the carrier collects from subscribers an
identifiable charge for such communication that the carrier remits, in
whole or in part, to the provider of such communication.
[ 52 FR 17761 , May 12, 1987, as amended at 55 FR 28916 , July 16, 1990]
Subpart C--Furnishing of Facilities to Foreign Governments for International
Communications
Goto Section: 64.1 | 64.301
Goto Year: 2010 |
2012
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