692 F.Supp. 1208 (C.D.Cal. 1988), CV 88-3353, Sable Communications of California, Inc. v. F.C.C.

Docket Nº:CV 88-3353 AWT.
Citation:692 F.Supp. 1208
Party Name:SABLE COMMUNICATIONS OF CALIFORNIA, Inc., etc., Plaintiff, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Defendants.
Case Date:July 19, 1988
Court:United States District Courts, 9th Circuit, Central District of California
 
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Page 1208

692 F.Supp. 1208 (C.D.Cal. 1988)

SABLE COMMUNICATIONS OF CALIFORNIA, Inc., etc., Plaintiff,

v.

FEDERAL COMMUNICATIONS COMMISSION, et al., Defendants.

No. CV 88-3353 AWT.

United States District Court, C.D. California.

July 19, 1988

Richard K. Simon, Lee L. Blackman, Lucia E. Coyoca, McDermott, Will & Emery, Los Angeles, Cal., Lawrence E. Abelman, Norman S. Beier, Abelman, Frayne, Rezac & Schwab, New York City, for plaintiff.

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Robert C. Bonner, U.S. Atty., Los Angeles, Cal., Theodore C. Hirt, Robert C. Chesnut, Attys., Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM DECISION

TASHIMA, District Judge.

BACKGROUND

Effective July 1, 1988, 47 U.S.C. § 223(b) was amended by the Telephone Decency Act to provide:

(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; or

(B) permits any telephone facility under such person's control to be used for any 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...

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