Page:United States Statutes at Large Volume 108 Part 5.djvu/800

 108 STAT. 4290 PUBLIC LAW 103-414 —OCT. 25, 1994 "(1) IN GENERAL. — A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of teleconmiunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such ftiture date as the court may specify. "(2) CONSIDERATIONS.— In determining whether to impose a civil penalty and in determining its amount, the court shall take into account— "(A) the nature, circimistances, and extent of the violation; "(B) the violator's ability to pay, the violator's good faith efforts to comply in a timely manner, any effect on the violator's ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and "(C) such other matters as justice may require. "(d) DEFINITIONS. —As used in this section, the terms defined in section 102 of the Commimications Assistance for Law Enforcement Act have the meanings provided, respectively, in such section.". (b) CONFORMING AMENDMENTS.— (1) Section 2518(4) of title 18, United States Code, is amended by adding at the end the following new sentence: "Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capabiHty and capacity requirements under the Commimications Assistance for Law Enforcement Act.". 18 USC 3124. (2) Section 3124 of such title is amended by adding at the end the following new subsection: " (f) COMMUNICATIONS ASSISTANCE ENFORCEMENT ORDERS.— Pursuant to section 2522, an order may be issued to enforce the assistance capabiHty and capacity requirements under the Communications Assistance for Law Enforcement Act". (3) The table of sections at the beginning of chapter 119 of title 18, United States Code, is amended by inserting after the item pertaining to section 2521 the following new item: "2522. Enforcement of the Communications Assistance for Law Enforcement Act.". SEC. 202. CORDLESS TELEPHONES. (a) DEFINITIONS.— Section 2510 of title 18, United States Code, is amended— (1) in paragraph O), by striking ", but such term does not include and all that follows tnrough "base unit"; and (2) in paragraph (12), by striking siibparagraph (A) and redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (b) PENALTY.— Section 2511 of title 18, United States Code, is amended— (1) in subsection (4)(b)(i) by inserting "a cordless telephone conununication that is transmitted between the cordless telephone handset and the base unit," after "cellular telephone communication,"; and (2) in subsection (4)(b)(ii) by inserting "a cordless telephone conmiunication that is transmitted between the cordless tele-

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