A little more information
http://forums.radioreference.com/co...ding-removal-mobile-relay-associates-smr.html
SEC. 705. [47 U.S.C. 605] UNAUTHORIZED PUBLICATION OF
COMMUNICATIONS.
(a) Except as authorized by chapter 119, title 18, United States Code, no
person receiving, assisting in receiving, transmitting, or assisting in transmitting,
any interstate or foreign communication by wire or radio shall divulge or publish
the existence, contents, substance, purport, effect, or meaning thereof, except
through authorized channels of transmission or reception, (1) to any person other
than the addressee, his agent, or attorney, (2) to a person employed or authorized
to forward such communication to its destination, (3) to proper accounting or
distributing officers of the various communicating centers over which the
communication may be passed, (4) to the master of a ship under whom he is
serving, (5) in response to a subpena issued by a court of competent jurisdiction,
or (6) on demand of other lawful authority. No person not being authorized by the
sender shall intercept any radio communication and divulge or publish the
existence, contents, substance, purport, effect, or meaning of such intercepted
communication to any person. No person not being entitled thereto shall receive or
assist in receiving any interstate or foreign communication by radio and use such
communication (or any information therein contained) for his own benefit or for
the benefit of another not entitled thereto. No person having received any
intercepted radio communication or having become acquainted with the contents,
substance, purport, effect, or meaning of such communication (or any part thereof)
knowing that such communication was intercepted, shall divulge or publish the
existence, contents, substance, purport, effect, or meaning of such communication
(or any part thereof) or use such communication (or any information therein
contained) for his own benefit or for the benefit of another not entitled thereto.
This section shall not apply to the receiving, divulging, publishing, or utilizing the
contents of any radio communication which is transmitted by any station for the
use of the general public, which relates to ships, aircraft, vehicles, or persons in
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distress, or which is transmitted by an amateur radio station operator or by a
citizens band radio operator.
(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) No person shall encrypt or continue to encrypt satellite delivered
programs included in the National Program Service of the Public Broadcasting
Service and intended for public viewing by retransmission by television broadcast
stations; except that as long as at least one unencrypted satellite transmission of
any program subject to this subsection is provided, this subsection shall not
prohibit additional encrypted satellite transmissions of the same program.
(d) 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 veiwing 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;
(5) the term ''private financial gain'' shall not include the gain
resulting to any individual for the private use of such individual's dwelling
unit of any programming for which the individual has not obtained
authorization for that use; and
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(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 (e), shall also
include any person engaged in the lawful manufacture, distribution, or sale
of equipment necessary to authorize or receive satellite cable programming.
(e)(1) Any person who willfully violates subsection (a) shall be fined not
more than $2,000 or imprisoned for not more than 6 months, or both.
(2) Any person who violates subsecton (a) willfully and for purposes of
direct or indirect commerical advantage or private financial gain shall be fined not
more than $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.
(3)(A) Any person aggrieved by any violation of subsection (a) or
paragraph (4) of this subsection may bring a civil action in a United States district
court or in any other court of competent jurisdiction.
(B) The court--
(i) may grant temporary and final injunctions on such terms as it
may deem reasonable to prevent or restrain violations of subsection (a);
(ii) may award damages as described in subparagraph (C); and
(iii) shall direct the recovery of full costs, including awarding
reasonable attorneys' fees to an aggrieved party who prevails.
(C)(i) Damages awarded by any court under this section shall be computed,
at the election of the aggrieved party, in accordance with either of the following
subclauses;
(I) the party aggrieved may recover the actual damages suffered by
him as a result of the violation and any profits of the violator that are
attributable to the violation which are not taken into account in computing
the actual damages; in determining the violator's profits, the party
aggrieved shall be required to prove only the violator's gross revenue, and
the violator shall be required to prove his deductible expenses and the
elements of profit attributable to factors other than the violation; or
(II) the party aggrieved may recover an award of statutory damages
for each violation of subsection (a) involved in the action in a sum of not
less than $1,000 or more than $10,000, as the court considers just, and for
each violation of paragraph (4) of this subsection involved in the action an
aggrieved party may recover statutory damages in a sum not less than
$10,000, or more than $100,000, as the court considers just.
(ii) In any case in which the court finds that the violation was committed
willfully and for purposes of direct or indirect commercial advantage or private
financial gain, the court in its discretion may increase the award of damages,
whether actual or statutory, by an amount of not more than $100,000 for each
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322
violation of subsection (a).
(iii) In any case where the court finds that the violator was not aware and
had no reason to believe that his acts constituted a violation of this section, the
court in its discretion may reduce the award of damages to a sum of not less than
$250.
(4) Any person who manufactures, assembles, modifies, imports, exports,
sells, or distributes any electronic, mechanical, or other device or equipment,
knowing or having reason to know that the device or equipment is primarily of
assistance in the unauthorized decryption of satellite cable programming, or directto-
home satellite services, or is intended for any other activity prohibited by
subsection (a), shall be fined not more than $500,000 for each violation, or
imprisoned for not more than 5 years for each violation, or both. For purposes of
all penalties and remedies established for violations of this paragraph, the
prohibited activity established herein as it applies to each such device shall be
deemed a separate violation.
(5) The penalties under this subsection shall be in addition to those
prescribed under any other provision of this title.
(6) Nothing in this subsection shall prevent any State, or political
subdivision thereof, from enacting or enforcing any laws with respect to the
importation, sale, manufacture, or distribution of equipment by any person with the
intent of its use to assist in the interception or receipt of radio communications
prohibited by subsection (a).
(f) Nothing in this section shall affect any right, obligation, or liability under
title 17, United States Code, any rule, regulation, or order thereunder, or any other
applicable Federal, State, or local law.
(g) The Commission shall initiate an inquiry concerning the need for a
universal encryption standard that permits decryption of satellite cable
programming intended for private viewing. In conducting such inquiry, the
Commission shall take into account--
(1) consumer costs and benefits of any such standard, including
consumer investment in equipment in operation;
(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.
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(h) If the Commission finds, based on the information gathered from the
inquiry required by subsection (g), that a universal encryption standard is necessary
and in the public interest, the Commission shall initiate a rulemaking to establish
such a standard.
