Page:United States Statutes at Large Volume 102 Part 4.djvu/989

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3959

"(2) incorporation of technological enhancements, including advanced television formats; "(3) whether any such standard would effectively prevent present and future unauthorized decryption of satellite cable programming; "(4) the costs and benefits of any such standard on other authorized users of encrypted satellite cable programming, including cable systems and satellite master antenna television systems; "(5) the effect of any such standard on competition in the manufacture of decryption equipment; and "(6) the impact of the time delay associated with the Commission procedures necessary for establishment of such standards. "(g) If the Commission finds, based on the information gathered from the inquiry required by subsection (f), that a universal encryption standard is necessary and in the public interest, the Commission shall initiate a rulemaking to establish such a standard.". SEC. 205. PIRACY OF SATELLITE CABLE PROGRAMMING.

Law

Section 705 of the Communications Act of 1934 (47 U.S.C. 605) is «'^f«^'^^'"«'^* ^"^ crime. amended— (1) in subsection (c)— (A) by striking "and" at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting "; and '; and (C) by adding at the end the following: "(6) the term 'any person aggrieved' shall include any person with proprietary rights in the intercepted communication by wire or radio, including wholesale or retail distributors of satellite cable programming, and, in the case of a violation of paragraph (4) of subsection (d), shall also include any person engaged in the lawful manufacture, distribution, or sale of equipment necessary to authorize or receive satellite cable programming."; (2) in subsection (d)(D, by striking "$1,000" and inserting "$2,000": (3) in paragraph (2) of subsection (d), by striking "$25,000" and all that follows through the end of that paragraph and inserting "$50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both, for any subsequent conviction."; (4) in subsection (d)(3)(A), by inserting "or paragraph (4) of subsection (d)" immediately after "subsection (a)"; (5) in subsection (d)(3)(B) by striking "may" the first time it appears; (6) in subsection (d)(3)(B)(i), by inserting "may" immediately before "grant"; (7) in subsection (d)(3)(B)(ii), by inserting "may" immediately before "award"; (8) in subsection (d)(3)(B)(iii), by inserting "shall" immediately b6Dr6 dir©ct

(9) in subsection (d)(SXCXiXII)— (A) by inserting "of subsection (a)" immediately after "violation"; (B) by striking "$250" and inserting "$1,000"; and

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