PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                 DA 96-2064

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov

       CABLE SERVICES ACTION                     December 9, 1996


            COURT GRANTS STAY OF SECTION 505 OF THE
             TELECOMMUNICATIONS ACT OF 1996 PENDING
                      SUPREME COURT REVIEW


     In the case of Playboy Entertainment Group, Inc. v. United States,  a three judge panel of the
United States District Court for the District of Delaware, on December 5, 1996, ordered that any
enforcement of Section 505 of the Telecommunications Act of 1996 is stayed during the pendency
of the parties' appeal to the Supreme Court.  

     Section 505 amends the Communications Act by adding a new Section 641, entitled
"Scrambling of Sexually Explicit Adult Video Service Programming."  Section 641(a) requires that
each multichannel video programming distributor ("MVPD") fully scramble or fully block sexually
explicit adult programming or other indecent programming on any channel of its service primarily
dedicated to sexually-oriented programming so that a nonsubscriber does not receive such
programming.  Section 641(b) provides that, until the MVPD fully scrambles such programming,
it may not provide such programming during the hours of the day when a significant number of
children are likely to view such programming.  Section 641(b) further requires that the Commission
determine those hours.  

     The Commission adopted an Order and Notice of Proposed Rulemaking implementing
Section 505 and defining the hours of 6:00 am to 10:00 pm as those hours when a significant number
of children are likely to view such programming.  Order and Notice of Proposed Rulemaking in CS
Docket No. 96-40, 11 FCC Rcd 5386 (1996).

     The Commission, pursuant to a previous court order, Playboy Entertainment Group, Inc. v.
United States, Civil Action Nos. 96-94/96-107, November 15, 1996, announced that it would not
enforce Section 505.  Public Notice, DA 96-1915, released November 18, 1996.  Section 505 will
remain unenforceable pending appeal to the Supreme Court.
 


Media contact:  Morgan Broman (202) 418-2358.
Cable Services Bureau Contact:  Meryl S. Icove (202) 418-7200.


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