Guam § 32604 - Unauthorized Reception of Cable Service.

§ 32604. Unauthorized Reception of Cable Service.

(a) Unauthorized Interception or Receipt or Assistance in

Intercepting or Receiving Service; Definition of ‘Assist in

Intercepting or Receiving.’

(1) No person shall intercept or receive or assist in

intercepting or receiving any communications service

offered over a cable system, unless specifically authorized to

do so by a cable operator or as may otherwise be specifically

authorized by law.

(2) For the purpose of this Section, the term ‘assist in

intercepting or receiving’ shall include the manufacture or

distribution of equipment intended by the manufacturer or

distributor (as the case may be) for unauthorized reception of

any communications service offered over a cable system in

violation of Subparagraph (1).

(b) Civil Action in Superior Court; Injunctions; Damages;

Attorney’s Fees and Costs.

(1) Any person aggrieved by any violation of Subsection

(a)(1) may bring a civil action in the Superior Court of Guam.

(2) The court may:

(A) grant temporary and final injunctions on such

terms as it may deem reasonable to prevent or restrain

violations of Subsection (a)(1);

COL10/29/2021

(B) award damages as described in paragraph (3);

and

(C) direct the recovery of full costs, including

awarding reasonable attorney’s fees to an aggrieved

party who prevails.

(3)(A) Damages awarded by any court under this

Section shall be computed in accordance with either of

the following clauses:

(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 all violations involved in

the action, in the sum of the dollar value of the

services stolen, but in no event should the award

exceed Ten Thousand Dollars ($10,000.00).

(B) In any case in which the court finds that the

violation was committed willfully and for purposes of

commercial advantage or private financial gain, the

court in its discretion may increase the award of

damages, whether actual or statutory under

Subparagraph (A), by an amount of not more than Fifty

Thousand Dollars ($50,000.00).

(C) 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 One Hundred Dollars ($100.00).