Sec. 2. Enhanced general penalty
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Title V of the Communications Act of 1934 ( 47 U.S.C. 501 et seq.) is amended by adding after section 501, the following new section: Whoever, during and in relation to a violation enumerated in section 501, willfully or maliciously destroys any communications facility, in addition to the punishment provided for a violation that includes imprisonment, be sentenced to a term of imprisonment of 2 years. Notwithstanding any other provision of law— a court may not place on probation any person convicted of a violation of this section; except as provided in paragraph (3), a term of imprisonment imposed on a person under this section may not run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the violation of this section; and a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, if the discretion is exercised in accordance with applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.
In this section, the term communications facility includes— any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and any antenna or apparatus that— is designed for the purpose of emitting radio frequency; is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not require individual licenses; and is added to a tower, building, or other structure. .
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Sec. 2
Enhanced general penalty
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