Sec. 64.201  Restrictions on indecent telephone message services.

    (a) It is a defense to prosecution for the provision of indecent 
communications under section 223(b)(2) of the Communications Act of 
1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has 
taken the action set forth in paragraph (a)(1) of this section and, in 
addition, has complied with the following: Taken one of the actions set 
forth in paragraphs (a)(2), (3), or (4) of this section to restrict 
access to prohibited communications to persons eighteen years of age or 
older, and has additionally complied with paragraph (a)(5) of this 
section, where applicable:
    (1) Has notified the common carrier identified in section 223(c)(1) 
of the Act, in writing, that he or she is providing the kind of service 
described in section 223(b)(2) of the Act.
    (2) Requires payment by credit card before transmission of the 
message; or
    (3) Requires an authorized access or identification code before 
transmission of the message, and where the defendant has:
    (i) Issued the code by mailing it to the applicant after reasonably 
ascertaining through receipt of a written application that the applicant 
is not under eighteen years of age; and
    (ii) Established a procedure to cancel immediately the code of any 
person upon written, telephonic or other notice to the defendant's 
business office that such code has been lost, stolen, or used by a 
person or persons under the age of eighteen, or that such code is no 
longer desired; or
    (4) Scrambles the message using any technique that renders the audio 
unintelligible and incomprehensible to the calling party unless that 
party uses a descrambler; and,
    (5) Where the defendant is a message sponsor subscriber to mass 
announcement services tariffed at this Commission and such defendant 
prior to the transmission of the message has requested in writing to the 
carrier providing the public announcement service that calls to this 
message service be subject to billing notification as an adult telephone 
message service.
    (b) 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 described in 
section 223(b) of the Act 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.

[ 52 FR 17761 , May 12, 1987, as amended at  55 FR 28916 , July 16, 1990]

     Subpart C--Furnishing of Facilities to Foreign Governments for 
                      International Communications