This strikes all of Title IV of S. 652 and replaces it with the following:

Sec.___ OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER
        THE COMMUNICATIONS ACT OF 1934

Section 223 (47 U.S.C. 223) is amended --

   (1) by striking subsection (a) and inserting in lieu thereof:

 ``(a) Whoever--
       ``(1) in the District of Columbia or in interstate or 
     foreign communications
       
	``(A) by means of telecommunications device knowingly--
      
          ``(i) makes, creates, or solicits, and
          ``(ii) initiates the transmission of,

     any comment, request, suggestion, proposal, image, or other 
     communication which is obscene, lewd, lascivious, filthy, or 
     indecent, with intent to annoy, abuse, threaten, or harass 
     another person;
      
	 ``(B) makes a telephone call or utilizes a 
     telecommunications device, whether or not conversation or 
     communication ensues, without disclosing his identity and 
     with intent to annoy, abuse, threaten, or harass any person 
     at the called number or who receives the communication;
     
	  ``(C) makes or causes the telephone of another repeatedly 
     or continuously to ring, with intent to harass any person at 
     the called number; or
      
	 ``(D) makes repeated telephone calls or repeatedly 
     initiates communication with a telecommunications device, 
     during which conversation or communication ensues, solely to 
     harass any person at the called number or who receives the 
     communication; or
      
	 ``(2) knowingly permits any telecommunications facility 
     under his control to be used for any activity prohibited by 
     paragraph (1) with the intent that it be used for
     such activity,

     shall be fined not more than $100,000 or imprisoned not more 
     than two years, or both.''; and

   (2) by adding at the end the following new subsections:

      ``(d) Whoever--

       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device makes or makes available any
     obscene communication in any form including any comment,
     request, suggestion, proposal, image, regardless of whether the 
     maker of such communication placed the call or initiated the 
     communications; or

       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by subsection (d)(1) with the intent that it be 
     used for such activity;

     shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.


       ``(e) Whoever--

       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device makes or makes available
     any indecent comment, request, suggestion, proposal, image
     to any person under 18 years of age 
     regardless of whether the maker of such communication placed 
     the call or initiated the communication; or

       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by paragraph (1) with the intent that it be used 
     for such activity,

     shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.


       ``(f) Defenses to the subsections (a), (d), and (e), 
     restrictions on access, judicial remedies respecting 
     restrictions for persons providing information services and 
     access to information services--

        (1) No person shall be held to have violated subsections (a),
     (d), or (e) solely for providing access or connection to or
     from a facility, system, or network over which that person
     has no control, including related capabilities which are
     incidental to providing access or connection.  This subsection
     shall not be applicatable to an individual who is owned or
     controlled by, or a conspirator with, an entity actively
     involved in the creation, editing or knowing distribution of
     communications which violate this section.

        (2) No employer shall be held liable under this section for
     the actions of an employee or agent unless the employee's or
     agent's conduct is within the scope of his employment or agency
     and the employer has knowledge of, authorizes, or ratifies the
     employee's or agent's conduct.

        (3) It is a defense to prosecution under subsection (a), (d)(2),
     or (e) that a person has taken reasonable, effective and
     appropriate actions in good faith to restrict or prevent the
     transmission of or access to a communication specified in such
     subsections, or complied with procedures as the Commission may
     prescribe in furtherance of this section.  Until such regulations
     become effective, it is a defense to prosecution that the person 
     has complied with the procedures prescribed by regulation pursuant
     to subsection (b)(3).  Nothing in this subsection shall be
     construed to treat enhanced information services as common
     carriage.

        (4) No cause of action may be brought in any 
     court or any administrative agency against any person on account 
     of any action which in not in violation of any law punishable
     by criminal penalty, which activity the person has taken in good
     faith to implement a defense authorized under this section or
     otherwise to restrict or prevent the transmission of, or access to,
     a communication specified in this section.

         (g) no state or local government may impose any liability 
     for commercial activities or actions by commercial entities in
     connection with an activity or action which constitutes a violation
     described in subsection (a)(2), (d)(2), or (e)(2) that is
     inconsistent with the treatment of those activities or actions
     under this section provided, however, that nothin herein shall
     preclude any State or local government from enacting and enforcing 
     complementary oversight, liability, and regulatory systems, 
     procedures, and requirements so long as such systems, procedures,
     and requirements govern only intrastate services and do not result
     in the imposition of inconsistent rights, duties or obligations on 
     the provision of interstate services.  Nothing in this subsection
     shall preclude any State or local government from governing conduct
     not covered by this section.

         (h) Nothing in subsection (a), (d), (e), or (f) or in the
     defenses to prosecution under (a), (d), or (e) shall be construed
     to affect or limit the application or enforcement of any other
     Federal law.

         (i) The use of the term 'telecommunications device' in this
     section shall not impose new obligations on (one-way) broadcast
     radio or (one-way) broadcast television operators licensed by the
     Commission or (one-way) cable services registered with the
     Federal Communications Commission and covered by obscenity and
     indecency provisions elsewhere in this Act.

         (j) Within two years from the date of enactment and every two
     years thereafter, the Commission shall report on the effectiveness
     of this section.

Sec. ____ OBSCENE PROGRAMMING ON CABLE TELEVISION.

	Section 639 (47 U.S.C> 559) is amended by striking "10,000" and inserting "$100,000"

Sec. ___ BROADCASTING OBSCENE LANGUAGE ON THE RADIO.

	Section 1466 of Title 18, United States Code, is amended by striking out "$10,00" and inserting "$100,000".

Sec. ___ SEPARABILITY

	"(a) If any provision of this Title, including amendments to this Title or
the application thereof to any person or circumstance is held invalid, the 
remainder of this Title and the application of such provision to other persons 
or circumstances shall not be affected thereby."