Page:United States Statutes at Large Volume 103 Part 2.djvu/183

 PUBLIC LAW 101-166—NOV. 21, 1989 103 STAT. 1193 "(4) In addition to the penalties under paragraph (1), whoever, within the United States, intentionally violates paragraph (1) or (2) 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 con- __^ stitute a separate violation. "(5)(A) In addition to the penalties under paragraphs (1), (2), and (5), whoever, within the United States, violates paragraph (1) or (2) 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 gissessed either— "(i) by a court, pursuant to 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. "(6) 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) or (2). An injunction may be granted in accordance with the Federal Rules of Civu Procedure. "(c)(1) 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 speci- fied in subsection 0)) 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. "(2) Except as provided in paragraph (3), no cause of action may be brought in any court or administrative agency against any common carrier, or any of its affiliates, including their officers, directors, employees, agents, or authorized representatives on account of^ "(A) any action which the carrier demonstrates was taken in good faith to restrict access pursuant to paragraph (1) of this subsection; or "(B) any access permitted— "(i) in good faith reliance upon the lack of any representa- tion by a provider of communications that communications provided by that provider are communications specified in subsection 0)), or " (ii) because a specific representation by the provider did not allow the carrier, acting in good feith, a sufficient period to restrict access to communications described in subsection (b). "(3) Notwithstanding paragraph (2) of this subsection, a provider of communications services to which subscribers are denied access pursuant to paragraph (1) of this subsection may bring an action for a declaratory judgment or similar action in a court. Any such action shall be limited to the question of whether the communications which the provider seeks to provide fall within the category of communications to which the carrier will provide access only to subscribers who have previously requested such access.". (2) CONFORMING AMENDMENTS. —Section 2(b) of the Communica- tions Act of 1934 is amended by striking "section 224" and inserting 47 USC 152. "section 223 or 224".

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