221 
cedures of paragraph (6)(E) of this 
subsection. 
‘‘(iv) The station shall, from February 
16, 2009, through February 17, 2011, regu-
larly broadcast Spanish-language public 
service announcements that serve to educate 
the station’s viewers to the digital transi-
tion and the need to secure digital con-
verters or monitors so that the station’s 
viewers can receive the station’s digital sig-
nal after February 17, 2011.’’. 
TITLE VIII—PROTECTING 
CHILDREN 
SEC. 801. VIDEO TRANSMISSION OF CHILD PORNOGRAPHY. 
Section 621 (47 U.S.C. 541) is amended by adding 
at the end the following: 
‘‘(g) CHILD PORNOGRAPHY.— 
‘‘(1) IN GENERAL.—A video service provider au-
thorized to provide video service in a local franchise 
area shall comply with the regulations on child por-
nography promulgated pursuant to paragraph (2). 
‘‘(2) REGULATIONS.—Not later than 180 days 
after the date of enactment of the Advanced Tele-
communications and Opportunities Reform Act, the 
Commission shall promulgate regulations to require a 
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video service to prevent the offering of child pornog-
raphy 
(as 
such 
term 
is 
defined 
in 
section 
254(h)(7)(F)).’’. 
SEC. 802. ADDITIONAL CHILD PORNOGRAPHY AMEND-
MENTS. 
(a) INCREASE IN FINE FOR FAILURE TO REPORT.— 
Section 227(b)(4) of the Crime Control Act of 1990 (42 
U.S.C. 13032(b)(4)) is amended— 
(1) by striking ‘‘$50,000;’’ in subparagraph (A) 
and inserting ‘‘$150,000;’’; and 
(2) by striking ‘‘$100,000.’’ in subparagraph (B) 
and inserting ‘‘$300,000.’’. 
(b) WARNING LABELS FOR WEBSITES DEPICTING SEX-
UALLY EXPLICIT MATERIAL.— 
(1) IN GENERAL.— 
(A) NOTICE REQUIREMENT.—It is unlawful 
for the operator of a website that is primarily 
operated for commercial purposes knowingly, 
and with knowledge of the character of the mate-
rial, to place sexually explicit material on the 
website unless— 
(i) the first page of the website 
viewable on the Internet does not include 
any sexually explicit material; and 
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(ii) each page or screen of the website 
that does contain sexually explicit material 
also displays the matter prescribed by the 
Federal Trade Commission under para-
graph (2). 
(B) EXCEPTION FOR RESTRICTED ACCESS 
WEBSITES.—Subparagraph 
(A)(ii) 
does 
not 
apply to any website access to which is restricted 
to a specific set of individuals through a pass-
word or other access restriction mechanism. 
(2) MARKS OR NOTICES.—Within 90 days after 
the date of enactment of this Act, the Federal Trade 
Commission shall, in consultation with the Attorney 
General, promulgate regulations establishing clearly 
identifiable marks or notices to be included in the 
code, if technologically feasible, or on the pages or 
screens of a website that contains sexually explicit 
material to inform any person who accesses that 
website of the nature of the material and to facilitate 
the filtering of such pages or screens. 
(3) INAPPLICABILITY TO CARRIERS AND OTHER 
SERVICE PROVIDERS.—Subsection (a) does not apply 
to a person to the extent that the person is— 
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(A) a telecommunications carrier (as de-
fined in section 3(44) of the Communications Act 
of 1934 (47 U.S.C. 153(44)); 
(B) engaged in the business of providing an 
Internet access service; or 
(C) engaged in the transmission, storage, re-
trieval, hosting, formatting, or translation of a 
communication made by another person, without 
selection or alteration of the content (other than 
by translation or by lawful selection or deletion 
of matter). 
(4) DEFINITIONS.—In this subsection: 
(A) WEBSITE.—The term ‘‘website’’ means 
any collection of material placed in a computer 
server-based file archive so that it is publicly ac-
cessible over the Internet using hypertext transfer 
protocol, or any successor protocol. 
(B) SEXUALLY
EXPLICIT
MATERIAL.—The 
term ‘‘sexually explicit material’’ means mate-
rial that depicts sexually explicit conduct (as de-
fined in section 2256(2)(A) of section 2256 of 
title 18, United States Code), unless that depic-
tion constitutes a small and insignificant part of 
the whole, the remainder of which is not pri-
marily devoted to sexual matters. 
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