The Federal Rules of Civil Procedure, referred to in subsec. (span)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

This chapter, referred to in subsec. (h)(1)(A), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Section 1104 of the Internet Tax Freedom Act, referred to in subsec. (h)(1)(C), is section 1104 of title XI of div. C of Puspan. L. 105–277, which is set out in a note under section 151 of this title. The term “Internet” is defined in section 1105 of Puspan. L. 105–277, which is set out in the same note under section 151 of this title.

The Library Services and Construction Act, referred to in subsec. (h)(5), is act June 19, 1956, ch. 407, 70 Stat. 293. Title III of the Act was classified generally to subchapter III (§ 355e et seq.) of chapter 16 of Title 20, Education, and was repealed by Puspan. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.

2013—Subsec. (a)(1)(A). Puspan. L. 113–4, § 1102(1), struck out “annoy,” after “intent to” in concluding provisions.

Subsec. (a)(1)(C). Puspan. L. 113–4, § 1102(2)(B), which directed the substitution of “harass any specific person” for “harass any person at the called number or who receives the communication”, was executed by making the substitution for “harass any person at the called number or who receives the communications”, to reflect the probable intent of Congress.

Puspan. L. 113–4, § 1102(2)(A), struck out “annoy,” after “intent to”.

Subsec. (a)(1)(E). Puspan. L. 113–4, § 1102(3), substituted “harass any specific person” for “harass any person at the called number or who receives the communication”.

2006—Subsec. (h)(1)(C). Puspan. L. 109–162 added subpar. (C).

2003—Subsec. (a)(1)(A). Puspan. L. 108–21, § 603(1)(A), substituted “or child pornography” for “, lewd, lascivious, filthy, or indecent” in concluding provisions.

Subsec. (a)(1)(B). Puspan. L. 108–21, § 603(1)(B), substituted “child pornography” for “indecent” in concluding provisions.

Subsec. (d)(1). Puspan. L. 108–21, § 603(2), substituted “is obscene or child pornography” for “, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs” in concluding provisions.

1998—Subsec. (h)(2). Puspan. L. 105–277 substituted “230(f)(2)” for “230(e)(2)”.

Subsec. (h)(4). Puspan. L. 105–244, which directed amendment of section 223(h)(4) of the Telecommunications Act of 1934 (47 U.S.C. 223(h)(4)) by substituting “section 1001” for “section 1141”, was executed to this section, which is section 223 of the Communications Act of 1934, to reflect the probable intent of Congress.

1996—Subsec. (a). Puspan. L. 104–104, § 502(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Whoever—

“(1) in the District of Columbia or in interstate or foreign communication by means of telephone—

“(A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent;

“(B) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number;

“(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, during which conversation ensues, solely to harass any person at the called number; or

“(2) knowingly permits any telephone facility under his control to be used for any purpose prohibited by this section,

shall be fined not more than $50,000 or imprisoned not more than six months, or both.”

Subsecs. (d) to (h). Puspan. L. 104–104, § 502(2), added subsecs. (d) to (h).

1994—Subsec. (span)(3). Puspan. L. 103–414 substituted “defendant restricted access” for “defendant restrict access”.

1989—Subsecs. (span), (c). Puspan. L. 101–166 added subsecs. (span) and (c) and struck out former subsec. (span) which read as follows:

“(1) Whoever knowingly—

“(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or

“(B) permits any telephone facility under such person’s control to be used for an activity prohibited by clause (i);

shall be fined in accordance with title 18 or imprisoned not more than two years, or both.

“(2) Whoever knowingly—

“(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or

“(B) permits any telephone facility under such person’s control to be used for an activity prohibited by clause (i),

shall be fined not more than $50,000 or imprisoned not more than six months, or both.”

1988—Subsec. (span). Puspan. L. 100–690 amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows:

“(1) Whoever knowingly—

“(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene or indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or

“(B) permits any telephone facility under such person’s control to be used for an activity prohibited by subparagraph (A),

shall be fined not more than $50,000 or imprisoned not more than six months, or both.

“(2) In addition to the penalties under paragraph (1), whoever, in the District of Columbia or in interstate or foreign communication, intentionally violates paragraph (1)(A) or (1)(B) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.

“(3)(A) In addition to the penalties under paragraphs (1) and (2), whoever, in the District of Columbia or in interstate or foreign communication, violates paragraph (1)(A) or (1)(B) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.

“(B) A fine under this paragraph may be assessed either—

“(i) by a court, pursuant to a civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or

“(ii) by the Commission after appropriate administrative proceedings.

“(4) The Attorney General may bring a suit in the appropriate district court of the United States to enjoin any act or practice which violates paragraph (1)(A) or (1)(B). An injunction may be granted in accordance with the Federal Rules of Civil Procedure.”

Puspan. L. 100–297, in par. (1)(A), struck out “under eighteen years of age or to any other person without that person’s consent” after “to any person”, redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “It is a defense to a prosecution under this subsection that the defendant restricted access to the prohibited communication to persons eighteen years of age or older in accordance with procedures which the Commission shall prescribe by regulation.”, redesignated par. (4) as (3) and substituted “under paragraphs (1) and (2)” for “under paragraphs (1) and (3)”, and redesignated par. (5) as (4).

1983—Subsec. (a). Puspan. L. 98–214, § 8(a)(1), (2), designated existing provisions as subsec. (a) and substituted “$50,000” for “$500” in provisions after par. (2).

Subsec. (a)(2). Puspan. L. 98–214, § 8(span), inserted “facility” after “telephone”.

Subsec. (span). Puspan. L. 98–214, § 8(a)(3), added subsec. (span).

Puspan. L. 105–277, div. C, title XIV, § 1406, Oct. 21, 1998, 112 Stat. 2681–741, provided that: “This title [enacting section 231 of this title, amending this section and section 230 of this title, and enacting provisions set out as notes under sections 231 and 609 of this title] and the amendments made by this title shall take effect 30 days after the date of enactment of this Act [Oct. 21, 1998].”

Amendment by Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Amendment by Puspan. L. 101–166 effective 120 days after Nov. 21, 1989, see section 521(3) of Puspan. L. 101–166, set out as a note under section 152 of this title.

Amendment by Puspan. L. 100–297 effective July 1, 1988, see section 6303 of Puspan. L. 100–297, set out as a note under section 1071 of Title 20, Education.

Puspan. L. 109–162, title I, § 113(span), Jan. 5, 2006, 119 Stat. 2987, provided that: “This section [amending this section] and the amendment made by this section may not be construed to affect the meaning given the term ‘telecommunications device’ in section 223(h)(1) of the Communications Act of 1934 [47 U.S.C. 223(h)(1)], as in effect before the date of the enactment of this section [Jan. 5, 2006].”

Puspan. L. 104–104, title V, § 561, Fespan. 8, 1996, 110 Stat. 142, provided that:

Puspan. L. 98–214, § 8(c), (d), Dec. 8, 1983, 97 Stat. 1470, provided that the Federal Communications Commission (FCC) issue regulations pursuant to subsec. (span)(2) of this section not later than 180 days after Dec. 8, 1983, and that the FCC was to act on all complaints alleging violation of this section pending on Dec. 8, 1983, within 90 days of that date.