Goto Section: 64.1 | 64.301 | Table of Contents
FCC 64.201
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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]
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Subpart C—Furnishing of Facilities to Foreign Governments for International
Communications
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Goto Section: 64.1 | 64.301
Goto Year: 2014 |
2016
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