Page:United States Statutes at Large Volume 98 Part 3.djvu/430

 98 STAT. 2802

PUBLIC LAW 98-549—OCT. 30, 1984 prescribed period does not extend beyond 360 days after the filing of such complaint.". UNAUTHORIZED RECEPTION OF CERTAIN COMMUNICATIONS

47 USC 605.

Crimes and misdemeanors.

SEC. 5. (a) Section 705 of the Communications Act of 1934 (as redesignated by section 6) is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsections: "(b) The provisions of subsection (a) shall not apply to the interception or receipt by any individual, or the assisting (including the manufacture or sale) of such interception or receipt, of any satellite cable programming for private viewing if^ "(1) the programming involved is not encrypted; and "(2)(A) a marketing system is not established under which— "(i) an agent or agents have been lawfully designated for the purpose of authorizing private viewing by individuals, and "(ii) such authorization is available to the individual involved from the appropriate agent or agents; or "(B) a marketing system described in subparagraph (A) is established and the individuals receiving such programming has obtained authorization for private viewing under that system. "(c) For purposes of this section— "(1) the term 'satellite cable programming' means video programming which is transmitted via satellite and which is primarily intended for the direct receipt by cable operators for their retransmission to cable subscribers; "(2) the term 'agent', with respect to any person, includes an employee of such person; "(3) the term 'encrypt', when used with respect to satellite cable programming, means to transmit such programming in a form whereby the aural and visual characteristics (or both) are modified or altered for the purpose of preventing the unauthorized receipt of such programming by persons without authorized equipment which is designed to eliminate the effects of such modification or alteration; "(4) the term 'private viewing' means the viewing for private use in an individual's dwelling unit by means of equipment, owned or operated by such individual, capable of receiving satellite cable programming directly from a satellite; and "(5) the term 'private financial gain' shall not include the gain resulting to any individual for the private use in such individual's dwelling unit of any programming for which the individual has not obtained authorization for that use. "(d)(1) Any person who willfully violates subsection (a) shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both. "(2) Any person who violates subsection (a) willfully and for purposes of direct or indirect commercial advantage or private financial gain shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for any subsequent conviction.

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