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SABLE COMMUNICATIONS OF CALIFORNIA, INC. v. F.C.C.

No. CV 88-3353 AWT.

692 F.Supp. 1208 (1988)

SABLE COMMUNICATIONS OF CALIFORNIA, INC., etc., Plaintiff, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Defendants.

United States District Court, C.D. California.

July 19, 1988.

Attorney(s) appearing for the Case

Richard K. Simon, Lee L. Blackman, Lucia E. Coyoca, McDermott, Will & Emery, Los Angeles, Cal., Lawrence E. Abelman, Norman S. Beier, Abelman, Frayne, Rezac & Schwab, New York City, for plaintiff.

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Robert C. Bonner, U.S. Atty., Los Angeles, Cal., Theodore C. Hirt, Robert C. Chesnut, Attys., Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM DECISION

TASHIMA, District Judge.

BACKGROUND

Effective July 1, 1988, 47 U.S.C. § 223(b) was amended by the Telephone Decency Act to provide:

(1) Whoever knowingly (A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene or indecent communication for commercial purposes to any person; or (B) permits any telephone...

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