HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_1/9/1997 •
VILLAGE OF TEQUESTA
•
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November 22 , 1996
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Box 3475
West Palm Beach, Florida 33402-3475
RE: Adelphia Cable Communications Request for Commencement of
Franchise Renewal Proceedings
Dear Skip:
Attached hereto, please find a letter dated October 31, 1996,
from Adelphia Cable Communications regarding the above referenced
subject. In order to proceed with this request I need for you to
verify that the Section 626 renewal attachment provided by
Adelphia is a valid copy of that Section of the Cable
Communications Policy Act of 1984 . Additionally, I need to
determine whether the Cable Television Consumer Protection and
Competition Act of 1992 and the Telecommunications Act of 1996
• significantly alter the procedures associated with such franchise
renewal proceedings .
It would be helpful if you could provide me with legible copies
of the 1984 Cable Act, the 1992 Cable Act, and the
Telecommunications Act of 1996 .
Assuming the validity of the Section 262 renewal provided to me
by Adelphia, do you think it would be acceptable to provide the
required "prompt public notice" required in (c) ( 1) via Tequesta ' s
newsletter which is received by all property owners within the
corporate limits of Tequesta?
Upon receipt of the referenced Acts, I will review the same and
make a determination as to my ability to oversee this renewal
process from Tequesta' s perspective. Any thoughts or
recommendations that you may have in this regard will be greatly
appreciated.
Sincerely,
Thomas G. Bradford
Village Manager
TGB/krb
Attachment
c: Village Council, w/attachments
•
•
t.
;yin aye otTea.uesta
ADEIPHIA
CABLE COMMUNICATIONS • '
October 31, 1996
CERTIFIED MAIL: P 809 512 135
Village of Tequesta
Village Hall
PO Box 3273
Tequesta, FL 33458
ATTENTION: Village Clerk
Dear Members of Council:
The Cable Communications Policy Act of 1984("1984 Cable Act")was enacted to establish
a comprehensive, national policy for cable television. In doing so, it sets forth the definitive
guidelines by which relations between cable operators and municipalities are to be governed.
Among other subjects, the Act addresses franchise renewals, franchise fees, and programming
content control. While this Act has been amended significantly by the Cable Television Consumer
Protection and Competition Act of 1992 ("1992 Cable Act"), the basic requirements of franchise
renewal, franchise fees, and programming content remain the same.
The current franchise agreement between the Village of Tequesta ("Village"or"Tequesta")
and Southeast Florida Cable, Inc. ("Southeast Florida Cable") expires on October 20, 1999.
Pursuant to Section 626 of the 1984 Cable Act(47 U.S. Code 546), Southeast Florida Cable hereby
initiates franchise renewal proceedings with the Village. Section 626 establishes specific guidelines
for a franchising authority's evaluation of an existing franchisee.
As the first step in the renewal process under this Section, the Village, at the request of
Southeast Florida Cable, is required to continence proceedings to review the performance of
Southeast Florida Cable under the current franchise and to identify the future cable-related needs and
interests of Tequesta. These proceedings must afford the public in Tequesta appropriate notice and
opportunity for participation. Please accept this letter as Southeast Florida Cable's formal request
for the commencement of such proceedings.
To follow each of the formal steps set out in Section 626 of the 1984 Cable Act in all of their
detail could be a time-consuming, inflexible, and expensive process for both parties, a process that
seems unwarranted in view of the good relations we have enjoyed in the past. Fortunately, while
Section 626 sets out formal renewal proceedings, it also encourages the operator and municipality
to seek renewal on a parallel, but more informal, basis (See Section 626(h) ). Given our history of
smooth relations, it would seem that we in fact should be able to conclude a new agreement through
informal negotiations long before most of the formalities of Section 626 have been initiated.
5 West Third Street,Coudersport,PA 16915 Office:(814)-274-9830 Fax:(814)274-8631
A at'-Hn;e on a- nl.nnrrr4.•nihj omnlr.vor
Village of Tequesta •
October 31, 1996
Page 2
We are willing to work on a franchise renewal on an informal basis. But while we much
prefer an informal negotiation, we do not waive our rights to the formal procedures and respectfully
request that the Village begin implementation of these formal procedures consistent with the
• guidelines established by the Cable Act. We further reserve the right to continue our request for
these procedures throughout the franchise renewal process. Even with these legal formalities, given
our past working relationship, we should be able to conclude our negotiations quickly and to
everyone's satisfaction
Should you have any questions on the 1984 Cable Act in general or on Section 626 in
particular, please let me know. I look forward to hearing from you.
Sincerely,
Michael J. Rigas
Vice President
Adelphia Communications Corporation
MJR/vab
Attachment
cc: John B. Glicksman, Esq.
Larry Brett
Dave Rahr
Doug Bennett
Mark Galloway
Randy Fisher
Melody Heller
C'D AT Al W A TEQLESTA.FRA
RENEWAL
Sec. 626. (a) During the 6-month period which begins with the
36th month before the franchise expiration; the franchising
authority may on its own initiative, and shall at the request of
the cable operator, commence proceedings which afford the public
in the franchise area appropriate notice and participation for the
purpose of :
" (1) identifying the future cable-related community needs
and interests; and
" (2) reviewing the performance of the cable operator
under the franchise during the then current franchise term.
" (b) (1) Upon completion of a proceeding under subsection (a) ,
a cable operator seeking renewal of a franchise may, on its own
initiative or at the request of a franchising authority, submit a
proposal for renewal .
" (2) Subject to section 624 , any such proposal shall
contain such material as the franchising authority may require,
including proposals for an upgrade of the cable system.
" (3 ) The franchising authority may establish a date by
which such proposal shall be submitted.
" (c) (1) Upon submittal by a cable operator of a proposal to
the franchising authority for the renewal of a franchise, the
franchising authority shall provide prompt public notice, of such
proposal and, during the 4-month period which begins on the
completion of any proceedings under subsection (a) , renew the
franchise or, issue a preliminary assessment that the franchise
should not be renewed and, at the request of the operator or on its
own initiative, commence an administrative proceeding, after
providing prompt public notice of such proceeding, in accordance
with paragraph (2) to consider whether -
" (A) the cable operator has substantially complied
with the material terms of the existing franchise and with
applicable law;
" (B) the quality of the operator' s service,
including signal quality, response to consumer complaints, and
billing practices, but without regard to the mix, quality, or level
of cable services or other services provided over the system, has
been reasonable in light of community needs;
" (C) the operator has the financial, legal, and
technical ability to provide the services, facilities, and
equipment as set forth in the operator' s proposal; and
" (D) the operator' s proposal is reasonable to meet
the future cable-related community needs and interests, taking into
account the cost of meeting such needs and interests .
" (2) In any proceeding under paragraph (1) , the cable
operator shall be afforded adequate notice and the cable operator
and the franchise authority, or its designee, shall be afforded
fair opportunity for full participation, including the right to
introduce evidence (including evidence related to issues raised in
the proceeding under subsection (a) ) , to require the production of
evidence, and to question witnesses . A transcript shall be made
of any such proceeding.
" (3) At the completion of a proceeding under this
subsection, the franchising authority shall issue a written
decision granting or denying the proposal for renewal based upon
the record of such proceeding, and transmit a copy of such decision
to the cable operator. Such decision shall state the reasons
therefor.
" (d) Any denial of a proposal for renewal shall be based on
one or more adverse findings made with respect to the factors
described in subparagraphs (A) through (D) of subsection (c) (1) ,
pursuant to the record of the proceeding under subsection (c) . A
franchising authority may not base a denial of renewal on a failure
to substantially comply with the material terms of the franchise
under subsection (c) (1) (A) or on events considered under subsection
(c) (1) (B) in any case in which a violation of the franchise or the
events considered under subsection (c) (1) (B) occur after the
effective. date of this title unless the franchising authority has
provided the operator with notice and the opportunity to cure, or
in any case in which it is documented that the franchising
authority has waived its right to object, or has effectively
acquiesced.
" (e) (1) Any cable operator whose proposal for renewal has been
denied by a final decision of a franchising authority made pursuant
to this section, or has been adversely affected by a failure of the
franchising authority to act in accordance with the procedural
requirements of this section, may appeal such final decision or
failure pursuant to the provisions of section 635 .
" (2) The court shall grant appropriate relief if the court
finds that -
" (A) any action of the franchising authority is not in
compliance with the procedural requirements of this section; or
" (B) in the event of a final decision of the franchising
authority denying the renewal proposal, the operator has
demonstrated that the adverse finding of the franchising authority,
with respect to each of the factors described in subparagraphs (A)
through (D) of subsection (c) (1) on which the denial is based is
not supported by a preponderance of the evidence, based on the
record of the proceeding conducted under subsection (c) .
" (f) Any decision of a franchising authority on a proposal for
renewal shall not be considered final unless all administrative
review by -the State has occurred or the opportunity therefor has
lapsed.
" (g) For purposes of this section, the term ' franchise
expiration' means the date of the expiration of the term of the
franchise, as provided under the franchise, as it was in effect on
the date of the enactment of this title .
" (h) Notwithstanding the provisions of subsections (a) through
(g) of this section, a cable operator may submit a proposal for the
renewal of a franchise pursuant to this subsection at any time, and
a franchising authority may, after affording the public adequate
notice and opportunity for comment, grant or deny such proposal at
any time (including after proceedings pursuant to this section have
commenced) . The provisions of subsections (a) through (g) of this
section shall not apply to a decision to grant or deny a proposal
under this subsection. The denial of a renewal pursuant to this
subsection shall not affect action on a renewal proposal that is
submitted in accordance with subsections (a) through (g) .
2
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
• ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE Village of Tequesta
ELEVENTH FLOOR HENR F.UUEHTHAL
LARRY B.ALEXANDER MICHAEL T KRANZ WEST PALM BEACH,FLORIDA 33401 CARL ANGELOFF JOHN BIAIR McCRACKEN :•2-19Q4
M.TRACEY BIAGIOTTI SCOTT L McMULLEN
CLAY C BROOKER DAVID PRATT HARRY ISON JOHNSTON-
JOYCE A CONWAY JOHN C RANDOLPH P.O. BOX 3475 DEC 1 8 1996 ° 5-1983
MARGARET L.COOPER STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 R.B*UCE JONES
EDWARD DIAZ PETER A.SACHS 1988
REBECCA 0 DOANE D.CULVER SMITH III (561)859-3000
CHRISTOPHER S DUKE SIDNEY A STUBBS FAX:(581)832-1454 'S 1 l ! .Y 'l'f• PA L C WOLFE
. H.MICHAEL EASLEY ALLEN R.TOMLINSON \ •! �? R L11'
SCOTT O.HAWKINS JOHN S.TRIMPER u` �.- ` ��tt�wQ 9�1991
THORNTON M.HENRY BRIAN K.WAXMAN WRITER'S DIRECT LINE: -EnRF
PETER S.HOLTON H.ADAMS WEAVER WIILIAM A FOSTER
MARK B.KLEINFELD OF COUNSEL
' L MARTIN FLANAGAN
JACK A PUSCO
December 13 , 1996
•
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Cable Franchise Renewal
Our File No. 13153 .1
Dear Tom:
This is in response. to your letter of November 22, 1996, regarding
the above referenced subject.
I do' not have a copy of the 1984 Cable Act. I have enclosed a copy
of the Cable Television Consumer Protection and Competition Act of
1992 . I do not have a copy of the Telecommunications Act of 1996,
however, I have been advised that it is in excess of 300 pages .
Please let me know if you would like me to order .a copy of the 1996
Act for you.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
04: .
ohn C. Randolph
•
JCR\ssm
Enclosure
: 1 _ , . j
,e/SI,N• 1 11OlISF:OFIt Fa'Ith:Bh:N'fATIVFS I 1112 xli.._
('ABLE TELEVISION CONSUMER PROTECTION AND
• COMPETITION ACT OF 1992
SF.eTF.MRFR I I. 1992 -Ordered to he printed
Mr. I)INGu 1i., from the committee of conference,
submitted the following
CONFERENCE REPORT
ITo accompany S. 121
•
The committee of conference on the disagreeing votes of the
two (louses on the amendments of the House to the bill IS. 12), to
amend title VI of the Communications Act of 1934 to ensure car-
riage on cable television of local news and other programming and
to restore the right of local regulatory authorities to regulate cable
• television rates, and for other purposes. having met, after full and
free conference, have agreed to recommend and do'recommend to •
their respective !louses as follows:
That the Senate recede from its disagreement to the amend- -
ment of the !louse to the text of the bill and agree to the same
with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
sia TI()N I.SHORT TITLE.
This Act may be cited as the "Cable Television Consumer Pro- .
tertian and Competition Act of 1.9.92"
1I5('. 2. FINDINGS:I'(ll.l('t•:DEFINITIONS.
tat FINDINGS.—The Congress finds and declares the following:
(1) Pursuant to the Cable Communications Policy Act of
1.984. rates for cable television services have been deregulated in
approximately 97 percent of a!! franchises since December 29.
1.986'. Since rate deregulat . monthly rates for the lowest
priced basic cable service have increased by 40 percent or more
for 28 percent of cable television subscribers. Although the aver-
age number of basic channels has increased from about 24 to
.10, average monthly rates have increased by 29 percent during
49 006
3 •
2 ,
(C) the Federal Government, in recognition of public
the same period. The as monthly cable rate has increased television b integral role in serving the educational and in
-
deregulation.ala times as much as the Consumer Price Index since rule formational needs of local communities, has invested more
cleregulatinn. than aJ,000,000,000 in public broadcasting 1969; and
(2) For a variety of reasons, including local franchising re- (1))absent carriage requirements there since a substantial69; and
• than mints and the extraordinary expense of constructing more i likelihood that who have supported public
than one cable television system to serve a particular geographic television hatcitizens,will be of those.services.
locala.
area, most cable television subscribers have no opportunity to t,el The services,Federal Governmentilbe deprivedhas a substantial interest in
another •
selo between competing cable ograma. Without the rtatnce cablef having cable systems carry the signals of local commercial tele-
emmultichannel ompo programming The result
distributor,s a et vision stations because the carriage of such signals is necessary
system facesforh cableo localcompetition. The result is undueo consumerse to serve the is contained in section 307(b)of the Communica-
and videor the operator as compared to that of I lions Act o 1.934 of providing a fair, efficient. and equitable
and programmers. of broadcast services.
(.1) There has been a substantial increase in the penetration (101 distribution primaryofs seer and benefit of our Nation's system
of cable television systems over the past decade. Nearly of regulation of television broadcasting is the local origination
tel56;evisions,
s households, cableb 60 percent o thed households with of programming. There is a substantial governmental interest in
televisions, subscribe to television, and this ptr,ctntagt to be
almost certain to increase. As a result of this growth, the cable ensuring its conlrnuation.iI11 Broadcast television stations continue to
an
Poand
• mediumn industry has become a dominant nationwide video tont source of local news and publicaffairsprogramming
medium. other local_broadcast services critical to an informed electorate.
(4) The cable industry has become highly concentrated. The it'll Broadcast television programming is supported by reve-
newpowenlias effects of and concentrationactioin are numbers entry for nues generated from advertising broadcast over stations. Such
o programmers and a reduction the of media programming is otherwise free to those who own television sets
voices availableThecable to consumers. and do not require cable transmission to receive broadcast sig-
cableI.SI industry has becomemmevertically integrated;ton nals. There is a substantial governmental interest in promoting
operators and t, cablel operators
have often incentive
tive and the continued availability of such free television programming.
ability `p. v a result,affiliated operators the s could and especially for viewers who are unable to afford other means of
ability to favor their programmers. This could make
it more difficultreceiving programming.
for noncae-a filiated programmers to secure
bl f au [i (13)As a result of the growth of cable television, there has
carriage on cable incentive and
integrated favor programpp been a marked shift in market share from broadcast television
ens also have the and ability to their affiliated to cable television services.
cable o rotors over none liated cable operators and program.
t1le4) Cable television systems and broadcast television a!a
ming isthe efisa •using of ea governmental. lions increasingly compete for television advertising revenues.
ltil There is a promotingsubstantal d and First Amend- As the proportion of households subscribing to cable television
ment interest multiple
in gy a diversity of views provided increases, proportionately more advertising revenues will be re-
(7) There is a substantial governmental and Mrs! Amend- (15)A cable television system which carries the signal of a
ment.interest in ensuring that cable subscribers have access to local television broadcaster is assisting the broadcaster to in-
authoroed.as epee educational stations which CongressComm has crease its viewership, and thereby attract additional advertising
•
authorized. as expressed in section .Yof unique1 of the noncommercial,omm revenues that otherwise might be earned by the cable system op
lions Act of1.9d4. The distribution of nr. As a result, there is an economic incentive for cable ays-
tducalional programming services dvances that interest.
f8/ The Federal Government has a substantial interest in tears to terminate.the retransmission of the broadcast acgnal,
reuse to carry new signals. or reposition a broadcast signal to a
able
making all eo systems
local public television services avail- disadvantageous channel position. There is a substantial like/i-
able on cable uystcme because— hood that absent the reimposition of such a requirement, addi-
tionaliA1 publicmin televisiono theprovidest educationaln'sand informa-ebya tional local broadcast signals will be deleted. repositioned, or
programming to the Nation's citizens, thereby ad- not carried.
ranting the Government's compelling interest in educating (MIAs a result of the economic incentive that cable systems
its citizens; have to delete. reposition. or not carry local broadcast signals,
(At public ugh local is a local communityardu institution, coupled with the absence of a requirement that such systems
supported through local tax dollars and voluntary citizen
contributions in excess of$10,800,000,000 since 1972, that carry local broadcast signals, the economic viability of free local
provides public service programming that is responsive to broadcast television and its ability to originate quality local
the needs and interests of the local community; programming will be seriously jeopardized.
• — s
,' i• a a a me am ,__ __
,__ ____., ,.... Am. ____
operators continue to expand. where
(d) ensure that cable opt city and the programs offered
ti armbra who subscribe fo leltvi often do ld economically justified. their capacity
over their cable systems; effective
to obtain local broadcast signals which they otherwise would i4/where cable television are not subject to :
not be able to receive, or to obtain improved signals. Mmaintain
tso n competition,whe, ensure aa that consumer systems interests are protected cin re-
inputaantennt to cable receive
broadcast systems tell do not services,or cannot do maintain I ceiptm t i ion,e and rostra do ot have undue
nt selector to rw switchestconv t uon t dt no! have (51 cableservice;cable televisioo and conaumtra.
lion to otherwises from receive cabler to casantt television weep-- (5)ensure a vis-a-vis video tl programmers Communications Act e
sere system, ore cannot systemed broadens! mmu )marketpDEFI power
vi - -via t of
cations. of The Act of 1 negated by uponth the continued ex- /,9.44 ) IoN is amended—ra h the as Communications
(IgF,
f
cations Policy a ry carriage was premised .U.S.C.. red
that
forsystems. en- (1)
striking "and paragraph
the endh of
of anlicompeti- J I flat through (I); as pam
surfing local stations would be protected from (3) by redesignafing paragraphs
live conduct by cable systems. graphs(1y1 through (17), paragraphs
are Level .
(/81 Cable television systems often are the single most effi-
cient ro ro ha (I) through (10) as pa►�a
li/ by redesignating es R
cignf distribution system for television programming. A Cavern graphs(J)through (1 II, respectively;
(5)by inserting before paragraph (2)(as so redesignated) the
meted mandate for sa substantialorcable societal investmentsuch
in the a
live distribution systems for subscribers, such as the. "Al" following new paragraph:
"(1) the term 'activated channels'cable system fons r the channels
nen-
It"input selector antenna system, is not an enduring or feasible
method Attlisfrisamen and is not in the public interest.
gingered at the headend off
f
alma the same time, broadcast programming that is car-ems, services generally auto �er su h set esidential bscr beers ly arc
the
tied remains the mast prrpu f t programme og u hick consun cable mers cable system• reg or ub/ic, educa-
and a st+hstann s s der v of o carri gts f the st nals of net- provided, including any chanhnel designated f P
pay cable iates, is independentrgd from carriage ssttions, public tele- • egoist, or governmental use:';
(6)by inserting after paragraph (l/1(as so redesignated)the
stank stations.
socable programmingn l placed an
vision Also placed on channels ad- following new paragraph: p r,arremin distribu-
jacgrtf to other off-the-air signals Cablebes systems,a larger therefore "(1'I the term multichannel video r g
than ern benefitsrrt channel pa9al b gis which, until f
tar'means a person such as. but not limited to, a cable operator,
m
l
icast
now, great have
e a to obtain without the lconsent of the • a multichannel multipoint distribution service, a direct broad-
broadcasterrrtr,, they have been ablecast satellite sen'ice, or a television receive only satellite pro-
effectiveub
angram distributor, who makes available for purchase.video by sub-
broadcasters.subsidyor any copyright lopmentyof cable. This systems b eltcal scribers or customers, multiple channels of
broad Whileof P
broadcasters. at one time, when cable systems did not at-rogramming, au- mine;';and (17)(aa so redesignated)the
(;';7) y inserting after paragraph
lentpa to compete with local broadcastersidymay shrave been appropri- followingnew paragraph:
(hence. and of longer and this subsidy
„(18) the term
t'usable activated cs channels'
means
ac five for
ted
o/e. if is st ►+o results in a competitive imbalance be- channels of
arvee( flee �r industries. thadielsiof a cn of broadcastsm. signalscept those
channels conflict whose
Commission;
th techni-
I'Ol ntr ('able Communications Policyc1 4.of limb, in theal and safety of regulations as determined by
r amendments as t the Communications Act o love, limited the and"
re�;ulaftry authority of franchising authorities over cable opera- SEC.J.RF.GULATIONOFRATts'S
tors. Franchising authorities are finding it difficult under the (a) AMENDMENT.—Section 6$.Y of the Communications Act of
har rnogulu equ schemelyserving! denyab/ renewals fo cable systems 1.484 14� U.SN.0 5EN1 . amended to read h follows:
that are('a le syuemly hod c subscribers.ton.
(_�/) Cattle systems should be encouraged to carry low-power •
••tiF.f.stJ.REGULATION OF RATES.
"(a) COMPETITION PREFERENCE; LOCAL AND FEDERAL REGULA
systems
television where
the low-pow to the communities serrred by those
systems where low-.power station creates and broadcasts, asidle
a substantial part of its programming day, local programming. I TION.— „(l/IN GENERAL.—No Federal agency or State may r-gu
the rates for theprovision of cable service except to the extent
tbl STATEMF.vT OF POLIC'.—It is the policy of the Congress en franchising
this Act to— provided under this section and section provision Anyn fcablech ing
• (/1 •
prrrntrrle /he ate to the public of a ether video uthority may regulate the rates for the P onDoer a cable
erv-
dsstriews utian information on through cable television and other ice, or any other communications serviceo theprovided extentov provided
clislribtr rely
media; system to cable subscribers, but only
(,r1 rely on the nrarkglplace• to the maximum extent feasible, under this section. No Federal agency. Slate, or franchising au
to achieve that availability; .
I1 •
•
- 6 • 7 ,
(hardy may regulate the rotes for cable service of a cable system if the Commission disapproves a franchising authority's certifi-
•
that is owned or operated by a local that cable system is located any revisions or modifications necessary to obtain approval.
and (hat is the only cable system located within such jurisdic- • "151 REVOCATION OF ✓URiSDICTION.—Upon petition by a
lion. cable operator or other interested party, the Commission shall
'(21 PREFERENCE FOR COMPETITION.—If the Commission I review the regulation of cable system rates by a franchising au-
. finds that a cable system is subject to effective competition, the shanty under this subsection. A copy of the petition shall be
rates for the provision of cable service by such system shall not • provided to the franchising authority by the person filing the
be subject to regulation by the Commission or by a State or petition. if the Commission finds that the franchising authority
franchising authority under this section. If the Commission has acted inconsistently with the requirements of (his subsec-
finds that a cable system is not subject to effective competi- lion, the Commission shall grunt appropriate relief if the Corn-
lion I mission, after the franchising authority has had a reasonable
"!A! the rates for the provision of basic cable service opportunity to comment, determines that the State and local
shall be subject to regulation'by a franchising authority, or laws and regulations are not in conformance with the regula-
by the Commission if the Commission exercises jurisdiction lions prescribed by the Commission under subsection (b). (he
pursuant to paragraph (lit, in accordance with the 'legato •
Commission shall revoke the jurisdiction of such authority.
— lion prescribed by the Commission under subsection IN; (61 EXERCISE OF JURISDICTION BY COMMISSION.—If the
and Commission disapproves a franchising authority's certification
"/A/ the rates for-cable programming services shall be under paragraph (41 or revokes such authority's jurisdiction
• subject to regulation by the Commission under subsection under paragraph (.5). the Commission shall exercise the jrnn-
Ic1 chising authority's regulatory jurisdiction under paragraph
•
(1KA) until the franchising authority has qualified to exercise
VD QUALIFICATION OF FRANCHISING AUTHORITY.—A Frana
chising authority that seeks to exercise the regulatory jurisdic- that jurisdiction a filing p l new rennt.' certification
that meets be
of
lion permitted under paragraph (21(A)shall file with the Corn- fective
uls of paragraph yll. Such m ision. Thei►rt shallm ss of
mission a written certification that— upon approvalb►, the Commission. Commission
"(A)the franchising will adopt and adminis- shall act to approve or disapprove any such new certification
ter regulations with respect to the rates subject to regula- within 90 days after the date it is filed.
lion under this section that are consistent with the regula- '(bl ESTABLISHMENT OF BASIC SERVICE TIER RATE, REGULA-
lionsprescribed by the Commission under subsection(Id; •
TIONS.—
'WI COMMISSION OBLIGATION TO SURSCRiBERS.—The Corn-
IR) the franchising authority has the legal authority mission shall, by regulation, ensure that the rates for the basic
to adopt, and the personnel to administer, such regulations; service tier are reasonable. Such regulations shall be designed
and to achieve the goal of protecting subscribers of any cable system
'i0 procedural laws and regulations applicable to rate that is not subject to effective competition from rates for the
regulation /►roceedings by such authority provide a reasons- basic service tier that exceed the rates that would be charged
ble opportunity for consideration of the views of interested for the basic service tier if such cable system were subject to of
parties. • fective competition.
(4) APPRi►VAI. BY COMMISSION.—A certification filed by a '(21 COMMISSION REGULATIONS.—Within 180 days after the •
franchising authority under paragraph (3)shall be effective S0 date of enactment of the Cable Television Consumer Protection
days after the date on which it is filed unless the Commission and Competition Act of 19,92 the Commission shall prescribe,
finds, after notice to the authority and a reasonable opportunity and periodically thereafter revise, regulations to carry out its
for the authority to comment, that— • obligations under paragraph W. In prescribing such regula-
"(A) the franchising authority has adopted or is ad- lions, the Commission—
ministering regulations with respect to the rates subject to '(A1 shall seek to reduce the administrative burdens on
regulation under this section that are not consistent with subscribers. cable operators. franchising authorities, and
the regulations prescribed by the Commission under subsec- • the Commission;
lion ad; "(B1 may adopt formulas or other mechanisms and pro-
"(R) the franchising authority does not have the legal , cedures in complying with the requirements of subpara-
authority to adopt, or the personnel to administer, such reg. graph (A);and
ulations;or "(CI shall take into account the following factors:
"(C)procedural laws and regulations applicable to rale "lit the rates for cable systems, if any, that are sub-
regulation proceedings by such authority do not provide a jest to effective competition;
reasonable opportunity for consideration of the views of in- "(ii)the direct costs(if any)of obtaining, transmit-
terested parties. ling, and otherwise providing signals carried on the
I- - -,
terr.r
1
6
Rexpeditious resolution of dis-
on procedures jor the rrenchisenR authorities
•
pulps between cable operators and j
on basic service tier,service e tie r p ragiap carried cons betw fhe able optrntors ad fh nchiang a
an he anger Ru tier pursuant to paragraph (%MBI, "rni(C)standards and proceduresonofsto regulat unreasonable
and changes insuch rusts:
"(iii)any)y!y such bt fining, t of thetransmitting,
joint and h►nwi .charges for changes in the subscribers selection
of
services
or equipment subject to regulation
that charges for changing
costspro
n.
lij e►/'ohlaimm�g, tranamilfinR, and otherwise which standards shall require withidrnR atio signalsc asfib is determined, in lionacco to
be
reasonably
pproperly
by 'the to the Commission. r be the atrniee tier selected shall be based on the cost ofsuch
tier, n and changes and pg ucy costs: the basic service change..and shall not exceed nominal amounts when, the
system a configuration permits changes in service tier selec-
tor
tier. in such costs;received by a cable opera-
lion to be effected solely by coded on a computer ler-
" the revenues (if pmina/or other similarly y simple method;and
from advertising r►rn pmgra or that is carried •'(p)standards and procedures to assure that aubacrib
er; ere receive notice the procedures
of the basic surce tier
•
_ as part of the basic service tier from other consider-
afirrn obtainedIthe
in reasonablyftrod with the basicll service le required under this section. the Commission
ter
"WI the n and properly allocable portionoperator to
franchise jet, lax, or "( )NoricE.—The prescribed by
charge any amount assessedmpas a fpursuant o paragraph procedures shall require a cable
of of any kind imposed ti any State operators local a d provide t days.'arraph (5 A) sh to a j►tre aica cha to o
cathbrets bn the /rnoraclrns between cable and ry increase30pro advance
inc the pricee to frbe nch
generalner subscribers or anyim other bet, tax, or governmental assessment of serviceny tier.
r the basic
applicability imposed by a entity
applied against cable operators or cable subscribers; "(7) COMI'ONENTs OF BASIC TIER SUBJECT 7+o RATE REGU
LA-
pp VON.—
"(A) operator of a
"(rail any amount required, in accordance with "(A) MINIMUM CONTENTS.—Each cable rntely avail
-
the requirements to sup- cable system shall provide its au6scrrbers a separately
for
ortpuparagra ofh such to satisfynef
aril under theh franchise;
and or governmental channels or able basic service tier to which y subscription
on is basic service tier
fhe use of channels or any other services required access to any other tier of
aranas the Corn- shall, at anyot of of ce.following:chba the rc
"(Mil a reasonabletwith prof!, as Commission's
bya All minimum,nco carried thei wi of
mission cbns and the Commission b obligations gllirem) osignal s rr and 61 fulfillment
there-
to subscribers under paragraph (1). " e Any public, 614 educational,d . and governmental
ulallain roe stand r the Cora- ro „yin ublig rereqquired 6y a d go of tr
•
'y;l/ he ba etsof actual The rcR p access p g rovided to subscribers.
mission.under this as lron shall include a te rds to esfab• cable system to be p
"ties)Any signal ojany o subscri broadcast station
fish, on the basis area vecost, the price ao rate for— by providedn by the cable television
to any subscriber,
station
"(A)ribinto receive
and lease of the equipment used con- that is
except a Signal which the fodaror t transmittedrea such
the subscriber.rb fe► sure the basic service trey, including a eel carrier hie
the r box rend a remr►te control unit and, rj requested by
the ssuch addressable c converter box ar other station.
'YBJ PERMITTED ADDITIONS TO BAS/cER argnale laoo
equipment as is required to access programming described • add additional video programming
in additional and erator mayAnysuch signal at
' television and monthly use of connections for services to the basic service tier.
"(41 OFN receivers.SEEnab v or services provided on the basic service tier shall
be
'ri COSTS FRANCHISE REQUIREMENTS.—The this sub The regulations provided to subscribers etrates determined
under under
the to -
el e steel 1►y the (identify costs under le to satisfying
ati f ing f an• lattons prescribed by
�al�errm "(l(I At/Y-TNRO[►GH OF OTNER TIERS PRO HI�y dal r[quin
chide ,equi re me fa i o su jyrt attributable educational, an n ran- "(A) pROIUGH OF OTHER
cable operator
meat l channels
requirements toe franchise.! public, annels and govern-
the subscriptionto�any tier therconditionthan
hat he of a ic s service
videc
PROHIBITED.—
mental chnn►rels or the use of such channels or any other tern• the subs by paragraph ices required under the required
p offered on a per channelor per program
•rib IMrl.r:the O nuni AND F:NFf)r this subsection
regulations• tealin-
brats programmingA cable f erect may not discriminate between sub
prescribed the implementation by Ihr• andarasnia►r under than au eedures co cern- scribers to the baamc service frer and rimin ate bet been wit)
elude addrN a a• ��uid orces, and p regard to the ratei cse r ice jor ardeo the"su cri o will
wh ruHedU and enforcement of such re��ulatians• basis.
which shall include—procedures
on aver channel or per program p
yanA) „•rranchisi gy authoritieswhich cable y enfant may ample- '(B) EXCEPTION; LIMITATION.—Theto a able ibitiontin sub
b,
mewl and franchising may enforce the regalia-
paragraph (A) shall not apply
tiuns prescribed by the Commission under this subsection;
i1
10
'(C) the history of the rates for cable programming
reason of the lack of addressable converter boxes or other services of the system, including the relationship of such
technological limitations, does not permit the operator to rates to changes in general consumer prices;
offer programming on a per channel or per program basis "(D) the rates, as a whole, for all the cable program
in the same manner required by subparagraph (A). This ming, cable equipment, and cable services provided by the
subparagraph shall not be available to any cable operator system, other than programming provided on a per channel
after— '(tl the technolo or perrogram basis;utilized by the cable system is "( )capital and operating costs of the cable system, in
modified or improved in a way that eliminates such eluding the quality and costs of the customer service pro-
lech"(ii) 10 elimitation;r feror vided b the cable system;and
Ca 'tell v years after the date iofo sand the '() the revenues (if any) received by a cable operator
• Act o Television Consumer Protection and Competition I from advertisingfrom programming that is carried as part
"(C of LIVE, .-11subject to anyybparagrang i of the service or which a rate is being established, and
'(C.l cableWnIVa in proceeding initiated determinest the re- changes in such revenues, or from other consideration ob-
que
thatt of any operator, the ofsabp raph (A) tamed in connection with the cable programming services
that compliance with the requirements of subparagraph cooncerned.
would require the cable operator to increase its rates, the ' p) LIMITATION ON COMPLAINTS CONCERNING EXISTING
Commission may, to the extent consistent with the public
interest, grant such cable operator a waiver from such re- RATES.—Except during the 180-day period following the a ec-
quirements for such specified period as the Commission de- live date of the regulations prescribed by the Commission under
termines reasonable and appropriate. paragraph (1), the procedures established under subparagraph
"(C)REGULATION UNREASONABLE —
(B) of such paragraph shall be available only with respect to
"(1) COMMISSION REGULATIONS—Within 180 days after the complaints filed within a reasonable period of time following a
date of enactment of the Cable Television Consumer Protection change in rates that is initiated after that effective date. in-
and Competition Act of 1992, the Commission shall, by regula- eluding a change in rates that results from a change in that
lion, establish the following: system s service tiers.
'(A) criteria prescribed in accordance with paragraph "(d) UNIFORM RATE STRUCTURE. REQUIRED.—A cable operator
(2)for identifying, in individual cases, rates for cable pm- shall have a rate structure, for heprovision area in of cable
a service
sere ha is
is
gramming services that are unreasonable; • uniform throughout the geographic
"(B) fair and expeditious procedures for the receipt, provided otter its cable system.
consideration, and resolution of complaints from any sub- "(e) DISCRIMINATION; SERVICES FOR THE HEARING iMPAIRED.—
scriber, franchising authority, or other relevant State or Nothing in this title shall be construed as prohibiting any Federal
local government entity alleging that a rate for cable pro- agency. State, or a franchising authority from—
gramming services charged by a cable operator violates the 111 prohibiting discrimination among subscribers and po-
criteria prescribed under subparagraph (A), which pence tential subscribers to cable service, except that no a ca Federal
dunes shall include the minimum showing that,ahall be re- agency. State, or franchising authority may prohibitp-
quired for a complaint to obtain Commission consideration i erator from offering reasonable discounts to senior citizens or
andresolution of whether the rate in question is unreason- other economically disadvantaged group discounts; or
able:and "ID requiring and regulating the installation or rental of
"(C) the procedures to be used to reduce rates for cable equipment which facilitates the reception of cable service by
programming services that are determined by the Commis-
hearingingimpaired individuals.
sion to be unreasonable and to refund such portion of the "(f) NEGATIVE OPTION BiLLiNG PROHIBITED.—A cable operator
rates or charges that were paid by subscribers after the shall not charge a subscriber for any service or equipment that the
filing f such complaint and that are determined to be un subscriber has not affirmatively requested by name. For purposes of
rraaono6le. this subsection, a subscriber's failure to refuse a cable operator's
"(2!determining
TO BE individual
cases
whether
rates fothr crbl proposal to provide such service or equipment shall not be deemed to
via for determining; in individual whether rates for cable - bean affirmative request for} such service or equipment.
programming services are unreasonable under paragraph (1XA), "(g1 COLLECTION OF INFORMATION.—The Commission shall, by
the Commission shall consider,among ly situated other factors—able regulation, require cable operators go file with the Commission or a
"(A)m the rates for similarly cable systems i toter- franchising authority, as appropriate, within one year after the date
erg comparable cableprogramming s, regulatory o a taking into tac-al of enactment of the Cable Television Consumer Protection and Com-
count the er en sb iriee , and and vantfactor; petition Act of 19.92 and annually thereafter, such financial infor-
costa, the number of'auab subscribers,systems,
other any,nlata are factors; motion as may be needed for purposes of administering and enforc-
to the rates or cable eyat�ma, i( that subject ing this section.
to effective competition; .
....... ... —
--- - - --- ------
— ----
} t �^ _. —
I—
— to
12 • .
except that the authority of the Federal (:ommrrnicafions (:ommiv-
"(h1 PREVENTION OF EVASIONS.—Within 180 days after the date eionxce to prescribe ut hority s s effective ra on such dale io enactment.(o•
-
(re petitenacion
Act of the (:thee Television Consumershall, by regulation,Proteation and Cost- sEe. I.CARRIAGEOF LOCAL COMMERCIAL TELEVISION SIGNALS.
1►elrlirrn of1.9.9l, the Commission by establishII
standards, guidelines, and procedures to prevent evasions,including tic! by insertin title ter section 613 Communicatiorus
53.Act
the following 1934 new
amend-
evasions that result from retiering, of the requirements of this sec- ./ 1; j
lion and shall, thereafter, periodically review and revise such stand- section:
(reds, •
(guidelines.M .Land M BURDENS.—In
•;SEC 614.('ARRIAGE OF LOCAL('OMMER('/AI.TELEVISION SIGNALS.
lit SMALL SYSTEM ArrRnENS.—!n developing and prescribing "(a► CARRIAGE OBLIGATIONS.—Each cable operator shall carry.
resuchgulations regulationsons pursuant to this section, the Commission shall design on the cable system of that operator, the signals of local commercial
compliancerb e systemsse the that havef ,000 r fewer sub cost of television stations and qualified loin power stations as provided by
for cable have 1_00 ri term subscribers. this section. Carriage of additional broadcast television signals on
•
"(j) RATE made befREGore
AGREEMENTS.—enuring the term of an such system shall be at the discretion of such operator, subject to
agreement le/irre July 1. I.9.9Q by a franchising authority and section ,1l5(bl.
a cable operator providing for the regulation of basic cable service "n 325(SIGNALS REQUIREn.—
rates. where there was not effective competition under Commission "(G IN GENERAL—MI A cable operator of a cable system
rules in effect on that date, nothing in this section (or the regula- with 12 or fewer usable activated channels shall carry the sig-
tlhors thereunder) shall abridge the ability of such franchising au- nals of at least three local commercial television stations, except
fhr►rify) REPORTSegulate mites in accordance with such m agreement.shallh . that if such a system has 300 or foyer subscribers, it shall not
"(k)publishstatisticalON AVERAGE PRICES.—The average
a to Commission iscable an• be subject to any requirements under this section
system long
as
nually reportsrogrm the average rates for basic such system does not delete from carriage by
,service and other cable programming, and for converter boxes, signal oja television station.
remote control units, and other equipment. of— "l o aA broadcast operator ofi a cable system with more than 12
"(1)cable systems that the Commission has found are sub- usable activated channels shall carry the signals of local no 2
jest to effective competition under subsection (a1(2), compared mercial television stations, up to one-third of the aggregate
corn-
with number ofr/sab:e activated channels of such system.
- "(2) cable systems that the Commission has found are not "(2) ELECTION OF s,GNALS.—Whenever the number of local
subject to such S. As used in this section— commercial television stations xcee exceeds the
uaximumn rn h ll)
"(!1 "(1) The ter.—f competition'his signals a cable system is req gg
"(1) The term thrgive0 means that— the cable operator shall have discretion in selecting whichsuch
"his(A) e than : percent of the serviceho in the stations shall be carried on its cable system, except that—
francsystem: area subscribe to the cable of a cable "(A) under no circumstances shall a cable .operator
svafenr; carry a qualified low power station in lieu of a local corn-
"r11)the) eanchise area is— mercial television station;and
'Ye) served programming at Teas! two unaorleafed of which "(B) if the cable operator elects to carry an affiliate of
reel vi coo rableiea ro distributors eachto least which a broadcast network (as such term is defined by the Com-
p('ree comparable households video programming a area: 50 mission by regulation). such cable operator shall carry the
px'r( "rit of the umb in the franchise and affiliate of such broadcast network whose city of license ref-
"lei) servicese number of households multichannele vi to pm- erence point, as defined in section 76.53 of title 47, Code of
gronrnrig distributor;
ter; other by an video multi- Federal Regulations (in effect on January 1, 1991), or any
;ramming v (eop ograms ngthan the largest multi- successor regulation thereto, is closest to the principal hea-
•
r•ho►rrrr•! video programming distributor exceeds IS per- dead of the cable system.
cent of the households in the franchise area;or en of
TO BE CARRIED.—MI A cable operator shall
"t('1 a them
franchising
channel vide()programming distributor op- carry in its entirety, on the cable system of that operator, the
offers by the' fronthiseng authority for that franchise the primary video, acconipanyin audio, and line 21 closed caption
h vuleu that programming to at least 50 percent of the
transmission of each of the local commercial television stations
"(2)a7'h Ides in 'cable
l programming
ass area. carried on the cable system and, to the extent technically feasi-
"(;11 The term 'r•(rble service' means any video ble, program-related material carried in the vertical blanking
tier. including mminn install over a cablerentalsystem.qregardless of dfor the interval or on subcarriers. Retransmission of other material in
tier, tof installation p on ar . of other than (A)used for the the vertical blanking internal or other nonprogrom-related ma-
rwrvipf such video pregbammieg, than video pro- feria! (including teletext and other subscription and adtertiser-
grantmi'ig carried on thep basic service r, grd b video pro- supported information services)shall be at the discretion of the
Kronrnrirrg offered on a per channel or per program subsection sis.". cable operator. Where appropriate and feasible, operators may
the EFFECTIVE effect 180 da s after athe rd to of enactment of this Act, delete signal enhancements. such as ghost-canceling, from the
shall hike elf
I
fi
14 l
broadcast signal and employ such enhancements at the system subscriber of a cable system. Such signals shall be viewable via
headend or headends. cable on all television receivers of a subscriber which are con•
"(B) The cable operator shall carry the entirety of the pro- netted to a cable system by a cable operator or for which a cable
gram schedule of any television station carried on the cable operator provides a connection. If a cable operator authorizes
system unless carriage of specific programming is prohibited, subscribers to install additional receiver connections, but does
and other programming authorized to be substituted, under sec- not provide the subscriber with such connections, or with the
lion 76.67 or subpart F of part 76 of title 47, Code of Federal equipment and materials for such connections, the operator
Regulations (as in effect on January 1, 1991), or any successor shall notify such subscribers of all broadcast stations carried on
regulations thereto. the cable system which cannot be viewed via cable without a
"(41 SIGNAL QUALITY.— converter box and shall offer to sell or lease such a converter
"(A) NONDEGRADATION; TECHNICAL SPECIFICATIONS.— box to such subscribers at rates in accordance with section
The signals of local commercial television stations that a 62,I(b)(S).
• cable operator carries shall be carried without material "al IDENTIF►CATION OF SIGNALS CARRIED—A cable operator
degradation. The Commission shall adopt carriage stand- shall identify, upon request by any person, the signals carried
arch to ensure that, to the extent technically feasible, the on its system in fulfillment of the requirements of this section.
quality of signal processing and carriage provided by a "(9) NOTIFICATION.—A cable operator shall provide written
cable system for the carriage of local commercial television notice to a local commercial television station at least 90 days
stations will be no less than that provided by the system for prior to either deleting from carriage or repositioning that eta-
earriagge of any other type of signal. Lion. No deletion or repositioning of a local commercial televi-
"IB!ADVANCED TELEVISION.—At such time as the Com-
missionaeon station shall occur during a period in which major televi-
sion broadcastc prescribes signals.
thecateona of the standards initiate for ape televi- sion ratings services measure the size of audiences of local tele-
ree g toestablish
lg a, changes intth shall a pro- vision stations. The notification provisions of this paragraph
quirementse ofabl any ionsystemsthe necessary carriage re- shall not be used to undermine or evade the channel positioning
cable
carriage
ge cable such broadcast
tign toc ensure or carriage requirements imposed upon cable operators under
cable carriage of broadcast signals of local commie- this
cia! television stations which have been changed to conform s section.COMPENSATION FOR CARRIAGE.—A cable operator shall
with such DUPLICATION
OTndards. not accept or request monetary payment or other valuable con-
• "(SI DUPLICATION NOT REQUIRED.-1VOlWilhatanding para-
graph (1I, a cable operator shall not be required to carry the • sideration in exchange either for carriage of local commercial
signal of any local commercial television station that substan- television stations in fulfillment of the requirements of this sec-
holly duplicates the signal of another local commercial televi- • lion or for the channel positioning rights provided to such sta-
sion station which is carried on its cable system. or to carry the lions under this section, except that—
signals of more than one local commercial television station of "(A)any such station may be required to bear the costs
filleted with a particular broadcast network (as such term is- associated with delivering a good quality signal or a base-
defined by regulion). If a cable operator elects to carry on its band video signal to the principal headend of the cable
cable system a signal which substantially duplicates the signal system;
of another local commercial television station carried on the "(BI a cable operator may accept payments from eta-
cable system. or to carry on its system the signals of more than lions which would be considered distant signals under sec-
one local commercial television station affiliated with a par- • lion 111 of title 17 United States Code. as indemnification
titular broadcast network, all such signals shall be counted toward the number of signals the operator is required to carry • for any increased copyright liability resulting from carriageof such signal;and
under paragraph (1). '(Cl a cable operator may continue to accept monetary
"(6/ CHANNELecarriage
ge obligations
of POSITIONING.—Each signal carried n under
thisfill- payment or other valuable consideration in exchange for
mint of the cb carrieda oblena he cable a system operator numberuder this carriage or channel positioning of the signal of any local
se
which shall a omm coni the a channel over commercial television station carried in fulfillment of the
which the locale channel televisionwcstation c isbroadcastnJuly
requirements of this section, through. but not beyond, the
•
the 1.985. o, or the the anne on which which it was carried on July 1, date of expiration of an agreement thereon between a cable
2 or the channel the it, was carried on otherJa hanry e, operator and a local commercial television station entered
1991, at election of station, or on such channel
number as is mutually agreed upon by the station and the cable into prior to June 26, 19.90.
operator. Any dispute regarding the positioning of a local corn- . '(c)tow POWER STATION CARRIAGE OaLIGATIoN.—
mercial television station shall be resolved by the Commission. '(1) REQUIREMENT.—If there are not sufficient signals of
"(71 SIGNAL AVAILAAILITV.—Signals carried in fulfillment full power local commercial television stations to fill the chan-
of the requirements of this section shall be provided to every nels set aside under subsection(61—
i
t
11; 17
•
• "(A/a cable operator of a cable rrvtleni with a capacity "'2) to provide information to subscribers about input selec-
• of.15 or fewer usable (whistled channels shall be required for switches or comparable devices.
to carry one qualified low protect station;and "(11 REGULATIONS er COMMISSION.—Within 180 days after the
"Ill/a cable operator of a cable system with a capacity date of enactment of this section, the Commission shall, following a
of more than .1.5 usable activated channels shall be required rulemaking proceeding, issue regulations implementing the require-
to carry two qualified low power stations.
'I'l) (LSE OF MIMIC, EDUCATIONAL, OR GOVERNMENTAL ments imposed by this section. Such implementing regulations shall
CHANNELS. cable operator required to carry more than one include necessary revisions to update section 76.51 of title 47 of the
•
signal of a qualified low power station under this subsection • Code of Federal Regulations.
nfc{1 do so. subject to approval by the franchising authority pur-
suant to section 611, by placing such additional station on CIALS.-
- public. educational, or governmental channels not in use for "(1)CARRIAGE PENDING PROCEEDING.—Pending the outcome
their designated purposes. . of the proceeding under paragraph (2), nothing in this Act shall
"WI REMEDIES.— • require a cable operator to carry on any tier, or prohibit a cable
"I11 COMPLAINTS BY BROADCAST STATIONS.—Whenever a operator from carrying on any tier, the signal of any commnr- .
local commercial television station believes that a cable opera- cial television station or video programming service that is pre-
tor has failed to meet its obligations under this section, such dominantly utilized for the transmission of sales presentations
station shall notify the operator, in writing, of the alleged fail- or program length commercials.
tire and identify its reasons for believing that the cable operator 121 PROCEEDING CONCERNING CERTAIN STATIONS.—Within
, is obligated to carry the signal of such station or has otherwise 270 days after the date of enactment of this section. the Com-
failed to comply with the channel positioning or repositioning mission, notwithstanding prior proceedings to determine wheth-
or other requirements of this section. The cable operator shall, / er broadcast television stations that are predominantly utilized -
within .10 days of such written notification, respond in writing for the transmission of sales presentations or program length
to such notification and either commence to carry the signal of commercials are serving the public interest. convenience, and
such station in accordance with the terms requested or state its necessity, shall complete a proceeding in accordance with this
reasons for believing that it is not obligated to carry such signal paragraph to determine whether broadcast television stations
or is in compliance with the channel positioning and reposition- that are predominantly utilized for the transmission of sales
ing and other requirements of this section. A local commercial presentations or program length commercials are serving the
television station that is denied carriage or channel positioning - public interest, convenience, and necessity. In conducting such
or►epositioning in accordance with this section by a cable oper- proceeding, the Commission shall provide appropriate notice .
afar may obtain review of such denial by filing a complaint and opportunity for public comment. The Commission shall-
' with the Commissi(m. Such complaint shall allege the manner. consider the viewing of such stations, the level of competing de-
in which such cable operator has failed to meet its obligations mands for the spectrum allocated to such stations, and the role
and the basis for such allegations. of such stations in providing competition to non broadcast sere-
• "ID OPPORTUNITY' To RESPOND.—The Commission shall ices offering similar programming. In the event that the Coin-
' afford such cable operator an opportunity to present data and mission concludes that one or more of such stations are serving
arguments to establish that there has been no failure to meet its the public interest, convenience, and necessity, the Commission
obligations under this section. shall qualify such stations as local commercial television sta-
'(.1) REMEDIAL ACTIONS: DISMISSAL—Within 120 days after tions or purposes of subsection (a). In the event that the Corn.
the dale a complaint is filed, the Commission shall determine mission concludes that one or more of such stations are not
whether the cable operator has met its obligations under this serving the public interest, convenience, and necessity, the Corn-
section. If the Commission determines that the cable o erntor mission shall allow the licensees of such stations a reasonable
has failed to meet such obligations, the Commission shall order period within which to provide different programming, and
the cable o orator to reposition the complaining station or, in
I shall not deny such stations a renewal expectancy solely because
the case of an obligation to carry a station, to commence car- their programming consisted predominantly of sales presenta-
ringe of the station and In continue such carriage for at least 12 Bores or program length commercials.
. months. If the Commission determines that the cable operator "(hl DEFINITIONS.—
has fully met the requirements of this section. it shall dismiss "(1)LOCAL COMMERCIAL TELEVISION STATION.—
the ccrniprlciir►i' • "(A) IN GENERAL.—For purposes of this section, the
"(el INPI'T SiI.Ec-TciR SWITCH RULES Anor.isrtEIr.—No cable oper- term 'local commercial television station' means any full
odor stroll be required— • power television broadcast station, other than a qualified
ll1 to provide or make availableotitl any input selector switch noncommercial educational television station within the
as defined in section 76.5(mm)of title 47. Code of Federal Regu-
lal s, or any compufrohle device: or meaning of section 615(lX1l, licensed and operating on a
• channel regularly assigned to its community by the Com-
19
18
'WO In the rulemaking proceeding required by subsec•
mission that, with respect to a particular cable system, is lion (jl, the Commission shall provide for expedited consid•
within the same television market as the cable system. erafion of requests filed under this subparagraph.
'(B) Ex(7.all nots.—The term 'local commercial televi-
sion '(l) QUALIFIED LOW POWER STATION.—The term 'qualified
station'"(i) lowll include—television low power station' means any television broadcast station con-
lator opower assie repeaters which oi operate trpur- forming to the rules established for Low Power Television Sta-
u seolions, a4d f titiee7, Codefd calRe pus- tions contained in part 74 of title 47, Code of Federal Regula-
tions, or any successor regulations thereto; 'VA)such station broadcasts for at least the minimum
"(ii)da ae distant broadcast station that would be number of hours of operation required by the Commission
considered a signalf such undert section does1l not agreele for television broadcast stations under part 73 cf title 47,
17. United States Code, if station Code of Federal Regulations;
to indemnify the cable operator for any increased copy- "of e station meets all obligations and require-
system;
right liability resulting from carriage on the cable ments applicable to television broadcast stations under part
or
'(sit/ a television broadcast station that does not 73 of title 47, Code of Federal Regulations, with respect to
deliver to the principal headend of a cable system the broadcast of nonentertainment programming; program-
either a signal level of —45dBm for UHF signals or ming and rates involving political candidates, election
—49dBm fir VHF signals at the input terminals of the andcontroversial
issues
public
for children;editorials,d equal
signal processing equipment, if such station does not personalprogramming
agree to be responsible for the costs of delivering to the employment opportunity; and the Commission determines
cable system a signal of good quality or a boseband that the provision of such programming by such station
video signal. would-address local news and informational needs which
"ICI MARKET DETERM/NAT/ONS.--110 For purposes of Lhra
are not being adequately served by full power television
section, a broadcasting station's market shall be deter- broadcast stations because of the geographic distance of
mined in the manner provided in section 73.J555(dX3Xi).of such full power stations from the low power station's corn-
title 47, Code of Federal Regulations, as in effect on May 11, munity of license.;
1991, except that, following a written request, the Commis- "(C)such station complies with interference regulations
siont may, withu respect to a u television broadcast • consistent with its secondary status pursuant to part 74-of
station, include additional communities within its televi-e title 47, Code of Federal Regulations;
sion market or exclude communities from such station's tel- "(Mauch station is located no more than 35 miles from
lion.
n market tori gesuc effectuate
rec requests.
the purposesommi on this sec- the cable systemss headend, and delivers to the principal
lion.termine that coparticularnsidering arh ► areeramio/on may thande- headend of the cable system an over-the-air signal of good
onetelevision thatmakt communities part of more quality, as determined by the Commission;
one considering
'(E) the community of license of such station and-the
'(ii/Inm sion shall orals filed pursuant to clause al, franchise area of the cable system are both located outside
the Commission afore particular attention to the
value of localism by taking into account such factors as— of the largest 160 Metropolitan Statistical Areas, ranked by
"(I) whether the station, or other stations located population, as determined by the Office of Management
in the same area, have been historically carried on the and Budget on June 30, 1.990. and the population of such
cable system or systems within such community; community of license on such dote did not exceed 35.000;;
"(II) whether the television station provides cover- - and"(F) there is no full power television broadcast station
age or other local service to such community;
"WI) whether any other television station that is licensed to any community within the county or other petit-
eligible to be carried by a cable system in such commu- leaf subdivision (of a State)served by the cable system.
nity in fulfillment of the requirements of this section Nothing in this paragraph shall be construed to change the sec-
• provides news coverage of issues of concern to such ondary status of any loin power station as provided in part 74 of
community a provides carriage the community;of sporting title 47. Code of Federal Regulations, as in effect on the date of
and other events of interest to and enactment of this section.".
"(IV) evidence of viewing patterns in cable and SFr.S. CARRIAGE OFs►seYtMA/F,BI'/A/,sTAT/oNs
noncable households within the areas served by the
cable system or systems in such community. Part II of title VI of the Communications Act of 1.9.14 (47 U.S.0
'(iii) A cable operator shall not delete from carriage 5.11 et seq.) is further amended by inserting after section 614 (as
the signal of a commercial television station during the added by section 4 of this Act)the following new section:
pendency of any proceeding pursuant to this subparagraph.
'i r I I
w -._ ..-_ _ ew }
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sar+rs
�- - 1J_ ' l! 1 J L J J. 1 J 1 1 1 '
2011
21
'SE(:s/S. ('A RRIA CF.'OF'NON('OMNER(741.EM/(ATIONAI,TELEVISION. stations affiliated with the same network if the programming
"(al CARRIAGE OBLIGATIONS.—In addition to the carriage re• of such additional stations is substantially duplicated by the
quirements set forth in section 614, each cable operator of a cable programming of the qualified local noncommercial educational
system shall carry the signals of qualified noncommercial educa• • television station receiving carriage.
tional television stations in accordance with the provisions of this "(IN A cable operator of a system described in this porn•
section.
graph which increases the usable activated channel capacity of
'(61 REQUIREMENTS To CARRY QUALIFIED STATIONS.—
"a)GENERAL REQUIREMENT 7n CARRY EACH QUALIFIED STA- the system to more than 36 channels on or after March 29, 1990.
TION.—Subject to paragraphs(2)and(3)and subsection (el, each shall, insigaccnal of with the other localpro non ons mof this seduca-
• cable operator shall carry, on the cable system of that cable op- carry the signal of each qualified r noncommercial to edeca-
tfonal television station requesting carriage, subject to aubsec-
erator, any qualified local noncommercial educational televi- tion (el.
sion station requesting carriage.
"(2XA1 SYSTEMS WITH !Y OR FEWER CHANNELS.—Notwith- '(CI CONTINUED CARRIAGE OF EXISTING STATIONS.—Notwfth
standing paragraph (II, a cable operator of a cable system with standing any other provision of this section, all cable operators
•
12 or fewer usable activated channels shall be required to carry shall continue to provide carriage to all qualified local carried signal of one qualified local noncommercial educational tel- cial educational television stations0. whose signals were carried on
the n station; except that'a cable operator of such a system their systems as of March 29, 1990. The requirements of this subsec-
shall comply with subsection (c) and may, in its discretion, lion may be waived with respect to a particular cable operator and a
carry the signals of other qualified noncommercial educational particular such station, upon the written consent of the cable opera-
television stations. tor and the station.
"(B/ In the case of a cable system described in subparn- '(d)PLACEMENT OF ADDITIONAL SIGNALS.—A cable operator re-
graph (A) which operates beyond the presence of any qualified ruined to add the signals of qualified local noncommercial educa-
local noncommercial educational television station— tional television stations to a cable system under this section may
'(i) the cable operator shall import and carry on that do so, subject to approval by the franchising authority pursuant to
system the signal of one qualified noncommercial educe- section .till, by placing such additional stations on public, educa-
tional television station; liana!, or governmental channels not in use for their designated
"Oil the selection for carriage of such a signal shall be purposes.
at the election of the cable operator;and '(el SYSTEMS WITH MORE THAN 36 CHANNELS.—A cable opera-
"(iiil in order to satisfy the requirements for carriage tor of cable system with a capacity of more than 36 usable aclfval-
specied in this subsection, the cable operator of the system • ed channels which is required to carry the signals of three qualified
shall not be required to remove any other programming local noncommercial educational television stations shall not be re-
service actually provided to subscribers on March 29, 19.90;; quired to carry the signals of additional such stations the program-
except that such cable operator shall use the first channel ming of which substantially duplicates the programming broadcast -
available to satisfy the requirements of this subparagraph. by another qualified local noncommercial educational television sta-
"(.l)SYSTEMS WITH I.? 70 36 CHANNELS.—(A)Subject to sub- tion requesting carriage. Substantial duplication shall be defined by .
section (r), a cable operator of a cable system wit 13 to 36 the Commission in a manner that promotes access to distinctive
usable activated channels— noncommercial educational television services.
.- "tit shall carry the signal of at least one qualified local • '(fl WAIVER OF NONDUPLICATION RIGHTS.—A qualified local
noncommercial educational television station but shall not noncommercial educational television station whose signal is car- '
be required to carry the signals of more than three such sta- tied by a cable operator shall not assert any network nondu lication
lions, and rights it may have pursuant to section 76.92 of title 47, Code of Fed-
"(iil may, in its discretion, carry additional such sta• % . eral Regulations, to require the deletion of programs aired on other •
lions. - qualified local noncommercial educational television stations whose
"(Il) In the case of a cable system described, in this para- . signals are carried by that cable operator.
graph which operates beyond the presence of any qualified local "(g1 CONDITIONS OF CARRIAGE.—
noncommercia educational television station, the cable opera- "(I) CONTENT To BE CARRIED.—A cable operator shall re-
tor shall import and carry on that system the signal of at least transmit in its entirety the primary video, accompanying audio,
one qualified noncommercial educational television station to and line 21 closed caption transmission of each qualified local
Comply with subparagraph (Aki1. noncommercial educational television station whose signal is
"(0 The cable operator of a cable system described in this carried on the cable system, and, to the extent technically feasi-
paragraph which carries the signal of a qualified local noncom- ble, program-related material carried in the vertical blanking
. mercial educational station affiliated with a State public televi- interva or on subcarriers, that may be necessary for receipt of
Sion network shall not be required to carry the signal of any ad- programming by handicapped persons or for educational or tare-
ditional qualified local noncommercial educational television guage purposes. Retransmission of other material in the vertical
2
22 3
blanking•
interval or on subearriers shall be within the discre- 'VI DISTANT SIGNAL EXCEPTION.—Notwithstanding the!Im-
hoffof te cable operator. visions of this section. a cable operator shall not be required to
Ill BANDWIDTH AND TECHNICAL QUALITY.—A cable opera- add the signal of a qualified local noncommercial educational
for shall provide each qualified local noncommercial education- • television station not already carried under the provision of
al felervsion station whose signal is carried in accordance with • subsection (c), where such signal would be considered a distant
this section with bandwidth and technical capacity equivalent signal for copyright purposes unless such station indemnifies
to that provided to commercial television broadcast stations car- the cable operator for any increased copyright costs resulting
• coed on the cable system and shall carry the signal of each from carriage of such signal.
qualified local noncommercial educational television, station "(j)REMEDIES.—
withr REMEDIES.—
without material degradation. "(1) COMPLAINT.—Whenever a qualified local noncommer-
'Y.11 CHANGES IN CARRIAGE.—The signal of a qualified local cial educational television station believes that a cable operator
noncommercial educational television station shall not be repo- of a cable system has failed to comply with the signal carriage
sitioned by a cable operatoF unless the cable operator, at least requirements of this section, the station may file a complaint
30 days in advance of such repositioning. has provided written with the Commission. Such complaint shall allege the manner
notice to the station and all subscribers of the cable system. For in which such cable operator has failed to comply with such re-
purposes of this paragraph, repositioning includes (A) assign- quirements and state the basis for such allegations.
ment of a qualified local noncommercialeducational television "(21 OPPORTUNITY TO RESPOND.—The Commission shall
station to a cable system channel number different from the afford and argumentsble operatorest anahphatthe cao operoto data.
has
cable system channel number to which the station was assigned
as of March 29, 19.90, and (B)deletion of the station from the complied
) with theIAL ACJ70NS' DISMISSAL„Within of this
das�t ion.
cable system. The notification provisions of this paragraph
fter
shall not be used to undermine or evade the channel positioning the date a complaint is filed under this supbssection. the Commis-
or carriage requirements imposed upon cable operators under with heion ll determine whether the cable requirements of this section. If the Commierator ssion det
This section. mines that the cable operator has failed to comply with such
t "(41 (MOOD QUALITY SIGNAL REQUIRED operator sha la of g requirements, the Commission shall state with particularity the
requirede r tocy provisions of this l of an, a cable shall not be ass for such findings and order the cable operator to take
carry the signal of anyqualified local noncommer-
such remedial action as is necessary to meet such requirements.
cial educationalste 'sprincipal television station which does not deliverqualito orhae Ifthe Commission determines that the cable operator has fully
cable system a headend a e na/ of good quality a on lied with such requirements, the Commission shall dismiss
baseband video signal, as may be de Died bythe Commission. P
"15)CHANNEL POSITIONING.—Each ti nal carried in fit filil-- the complaint.
IDENTIFICATION
OF SIGNALS.—A cable operator shall idenli-
ment of the carriage obligations of a cable operator and
section shall be carried on the cable system channel number on fy, upon request by any person, those signals carried in fulfillment
which the qualified local noncommercial educational television of the uirements of this section.
station is broadcast over the air, or on the channel on which it "(11 EFINITIONS.—For purposes of this section—
was carried on July 19. 1985. at the election of the station, or on "(1) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION
such other channel number as is mutually agreed upon by the STATION.—The term 'qualified noncommercial educational tele-
station and the cable operator. Any dispute regarding the posi- vision station' means any television broadcast station which—
tioning of a qualified local noncommercial educational televi- 'YAMi)under the rules and regulations of the Commis-
sionh besion in effect on March 29. 1990, is licensed by the Commis-
stations all resolved by the Commission. ff
"th/ AVAILABILITY OF SIGNALS.—Signals carried in fulfillment sion as a station and whichm noncommercial educational
operatedi bytelevision
cap public
t
of the carriage obligations of a cable operator under this section station
anonprofitdisowned corporation, or association;
shall be available to every subscriber as part of the cable systems aage foundation.
lowest priced service tier that includes the retransmission of local "ail has as its licensee an entity which is eligible to re
commercial ME T television CbrARRIAGE
signals.
"lit PAYMENT FOR (�ARRIAf:F, PROHIBITED.— ceilie a community service grant, or any successor grant
"(1) IN GENERAL.—A cable operator shall not accept mane- thereto, from the Corporation for Public Broadcasting, or
tory payment or other valuable consideration in exchange for any successor organization thereto, on the basis of the for-
carriage of the signal of any qualified local noncommercial edu- mula set forth in section 396(k16XB1,•or
rational television station carried in fulfillment of the require- 'YBI is owned and operated by a municipality and
menta of this section. except that such a station may be requirederansmita Predominantly noncommercial programs for edu-
to bear the cost associated with delivering a good quality signal Such term cational purposes.
or baseband video signal to the principal headend of the cable educational includes
telev sionlstation with translator
five owatts f any or. higher power noncommercial system.
•
.� ....E. ..... .....a .wDN �w I I ' '
24 25
serving the franchise area, 1111 a full-service station or transla- For purposes ofthis '
paragraph, the terms satellite carrier; super-
tor if such station or translator is licensed to a channel reserved station; and 'unnerved household' have the meanings given those
for noncommercial educational use pursuant to section 78.606 of terms, respectively, in section 119(d)of title 17, United States Code,
title 47, Code of Federal Regulations, or any successor regula- as in effect on the date of enactment of the Cable Television Con-
lions thereto, and (III)such stations and translators operating sumer Protection and Competition Act of 1992.
on channels not so reserved as the Commission determines are "MA) Within 45 days after the date of enactment of the Cable
qualified as noncommercial educational stations. Television Consumer Protection and Competition Act of 1992, the
"'2) QUALIFIED LOCAL NONCOMMERCIAL EDUCATIONAL TELE- Commission shall commence a rulemaking proceeding to establish
VISION STATION.—The term 'qualified local noncommercial edu- regulations to govern the exercise by television broadcast stations of
rational television station' means a qualified noncommercial the right to grant retransmission consent under this subsection and
educational television station— of the right to signal carriage under section 614, and such other reg-
"(A)which is licensed to a principal community whose ulations as are necessary to administer the limitations contained in
reference point, as defined in section 7658 of title 47 Code paragraph (21. The Commission shall consider in such proceeding
of Federal Regulations (as in effect on March 2.9, 1.9,90), or the impact that the grant of retransmission consent by television
any successor regulations thereto, is within 50 miles of the stations may have on the rates for the basic service tier and shall
principal headend of the cable system;or ensure that the regulations prescribed under this subsection do not
"(B) whose Grade B service contour, as defined in sec- conflict with the Commission's obligation under section 623(6X11 to
lion 73.68.1(a1 of such title (as in effect on March 29, 19901, ensure that the rates for the basic service tier are reasonable. Such
or any successor regulations thereto, encompasses the princi- rulemaking proceeding shall be completed within 180 days after the
pal headend of the cable system." date of enactment of the Cable Television Consumer Protection and
SEC s.RETRANSMISSION CONSENT FOR CABLE SYSTEMS Competition Act of 1.9.92.
(Ai AMENDMENT.—Section 32.5 of the Communications Act of "(B)The regulations Tired by subparagraph (Al shall require
1.9.14 (47 US.(.: .1l5)is amended— that television stations, wit in one year after the date of enactment
ill by rerlesegnalinq subsections (bl and(c)as subsections (c) of the Cable Television Consumer Protection and Competition Act of
and Idl, respectively;and 1992 and every three years thereafter, make an election between the
(21 by inserting immediately after subsection (a) the follow- right to grant retransmission consent under this subsection and the
ing new subsection: right to signal carriage under section 614. If there is more than one
"(NW Following the date that is one year after the date of en- cable system which services the same geographic area, a station's
ailment of the Cable Television Consumer Protection and Competi-
election shall apply to all such cable systems.
t• Act of 1.9.92, no cable system or other multichannel video pro- "(4)to
(to If an originating television station elects under paragraph
gramming distributor shall retransmit the signal of a broadcasting (3XB1 to exercise its right to grant retransmission consent under this
station, or any part thereof except— subsection with respect to a cable system, the provisions of section
'(A) with the express authority of the originating station; 614 shall not apply to the carriage of the signal of such station by
or such cable system.
"JP pursuant to sec-lion 614, in (he case of a station elect- "(51 The exercise by a television broadcast station of the right to
ing• in accordance with this subsection, to assert the right to grant retransmission consent under this subsection shall not inter-
r rrrria�e under such section. fere with or supersede the rights under section 614 or 615 of any sta-
•
"i!1 The pmvisiorrs of this subsection shall not apply to— tion electing to assert the right to signal carriage under that section.
"(Al retransmission of the sigma) of a noncommercial "(61 Nothing in this section shall be construed as modifying the
broadcasting slur' compulsory copyright license established in section 111 off title 17,
"(B) retransmission directly to a home satellite antenna of United States Code, or as affecting existing or future video program-
the signal of a broadcastingstation that is not owned or operat- ming licensing agreements between broadcasting stations and video
r'l by. or aliated with, a broadcasting network, if such signal programmers. .
ffi
was retransmitted by a satellite carrier on May 1, 1.9.91; SRI'. 7.AWARD OF FRANCHISES;PROMOTION OF COMPETITION.
(C1 retransmission of the signal of a broadcasting station (a)ADDITIONAL COMPETITIVE FRANCHISES.—
that is owned or operated by. or affiliated with, a broadcasting (1)AMENDMENT.—Section 621(a011 of the Communications
network directly to a home satellite antenna, if the household Act of 1984 (47 U.S.C- 541(aX11)is amended by inserting before
receiving the signal is an unnerved household;or the period at the end the following: ';•except that a franchising
•
'(1)1 retransmiss' by a cable operator or other multichan- authority may not grant an exclusive franchise and may not
net video programming distributor of the signal of a supersta- unreasonably refuse to award an additional competitive limn-
lion if such signal was obtained from a satellite carrier and the chine. Any applicant whose application for a second franchise
originating station was a superctation on May 1. 1.9.91. • has been denied by a final decision of the franchising authority
•
26
27
may appeal such final decision pursuant to, the provisions of "(c) CONSUMER PROTECTION LAWS AND CUSTOMER SERVICE
AGREEMENTS.—
sectiun 63.5 for failureMNGto comply NDME with thecti nubse Of "(I) CONSUMER PROTECTION LAWS.—Nothing in this title
• (2) CONFORMING AMENDMENT.—Scotian 635(a) of the (,om-
nsunications Act of 1934 (47 U.S.C. 555(a))is amended by insert- shall be construed to prohibit any State or any franchising au-
ing from enacting or enforcing any consumer protection law,
ing 'FRANCHISE 1),"alter "section". to the extent not specifically preempted by this title.
(b) REQUIREMENTS.—SeetiOn 621(a)of the addingCo at the
"(2)CUSTOMER SERVICE REQUIREMENT AGREEMENTS.—NOth
cations Act of 1g new(47 paragraph:US.0 541(a)) is amended by at the ing in this section.shall be construed to preclude a franchising
• end the following
"(4)In awarding a franchise, the franchising authority— authority and a cable operator from agreeing to customer serv-
"(A)shall allow the applicant's cable system a reasonable ice requirements that exceed the standards established by the
— period of time to become capable of providing cable service to Commission under subsection (b). Nothing in this title shall be
all households in the franchise area; construed to prevent the establishment or enforcement of any
"(B) may require adequate assurance that the cable opera- municipal law or regulation, or any State law, concerning cas-
tor will provide adequate public, educational, and governmnn- tomer service that imposes customer service requirements that
tal access channel capacity, facilities, or financial support;and • exceed the standards set by the Commission under this section,
p"(CI may require adequate assurance that the cable operator or that addresses matters not addressed by the standards set by
'
has the financial, technical, or legal qualifications to provide the Commission under this section. :
cable service.': SE(:f. LEASED COMMERCIAL ACCESS.
(e) MUNICIPAL AUTHORITIES PERMITTED 7b OPERATE SYS- (a)PURPOSE.—Section 612(a)of the Communications Act of 1934
TEMS.—Section 621 of the Communications Act of 1934 (47 U.S.C. (47 U.S.C. 532(a)) is amended by inserting "to promote competition
541)is amended— in the delivery of diverse sources of Video I►rogmmming and' rafter
(1) by inserting "and subsection (f)" before the comma in "purpose of this section is"
subsection(b)U);•and (b/ COMMISSION RULES ON MA!UMW REASONABLE RATES AND
(2)by adding at the end the following new subsection: OTHER TERMS AND CONDITIONS.—Seel ion 61:Act of such Act (47
"(f)No provision of this Act shall be construed to— U.S.C. .5.12(cll is amended—
"(1)prohibit a local or municipal authority that is also, or i (1)in paragraph (1)by inserting "and with rules prescribed
is affiliated with, a franchising authority from operating as a by the Commission under paragraph (4)"after "purpose of this .
multichannel video programming distributor in the franchise • , • section';and
area, notwithstanding the granting of one or more franchises by (2)by adding at the end the following new paragraph:
such franchising authority;or '(4)'A)The Commission shall have the authority to—
"(2) require such local or municipal authority to secure a "(i)determine the maximum reasonable rotes that a cable
franchise to operate as a multichannel video programming dis- operator may establish pursuant to paragraph (1) for commer-
tributor.". cial use of designated channel capacity, including the rate
SEC R.CONSUMER PROTECTION AND CUSTOMER SERVICE charged for the billing of to subscribers and for the collec-
Section 632 of the Communications Act of 1934 (47 U.S.0 552) tion of revenue from su ribers by the cable operator for such
is amended to read as follows: use;
"SEC.fn.CONSUMER PROTECTION AND CUSTOMER SERVICE. "(ii)establish reasonable terms and conditions for such use.
including those for billing and collection;and
"(a) FRANCHISING AUTHORITY ENFORCEMENT.—A franchising •••
authority may establish and enforce— .,(us) establish procedures for the expedited resolution of
"(1) customer service requirements of the cable.operator; disputes concerning rates or carriage under this section.
'(B) Within 180 days after the date of enactment of this para.
12) construction schedules and other construction-related graph, the Commission shall establish rules for determining maxi-
requirements, including construction-related performance re- mum reasonable rates under subparagraph (A)(i), for establishing
uirements, of the cable operator. terms and conditions under subparagraph (Algid, and for providing
9, procedures under subparagraph (AKiii/.'.
(b) COMMISSION STANDARDS.—The the The Commission shall, within (C)Accsss FOR UAI.ITY MINORITY PROGRAMMING SOURCES AND
180 days of enactment of the Cable Television Consumer Protection QUALIFIED EDUCATIONAL PROGRAMMING SOURCES.—Section 612 of
and Competition fulfill
Act theirof 1992,customeresta service st requiredsments.
betswhich cable stand
- such Act (47 U.S.C. 5.121 is amended by adding at the end thereof
erators may fulfill requirements. Such stand- the followingnew subsection:
aids shall include, at a minimum, requirements governing—
/iMI1 new
the provisions of subsections (b)and (c).
"(1)cable system office hours and telephone availability, Notwithstanding
(21 installations, outages, and service calls;and
a cable operator required by this section to designate channel capac-
"(3) communications between the cable operator and the ity for commercial.use may use any such channel capacity for the
subscriber(including standards governing bills and refunds). provision of programming from a qualified minority programming
r I. _
I
i
28 29
source or from any qualified educational programming source, signed to limit the access of children to indecent programming, as
whether or not such source is affiliated with the cable operator. The defined by Commission regulations, and.which cable operators have
channel capacity used to provide programming from a qualified mi- not voluntarily prohibited under subsection (hi by—
nority programming source or from any qualiied educational pro- "/A) requiring cable operators to place on a single channel
grumming source pursuant to this subsection may not exceed 3.1 per- all indecent programs, as identified by program providers, in-
rent of the channel capacity designated pursuant to this section. No tended for carriage on channels designated for commercial use
programming provided over a cable system on July 1, 1990, may under this section;
qualify as minority programming or educational programming on "'B) requiring cable operators to block such single channel
that cable system under this subsection. unless the subscriber requests access to such channel in writing;
"(2)For purposes of this subsection, the term 'qualified minority and
programming source' means a programming source which devotes "(C)requiring programmers to inform cable operators if the
substantially all of its programming to coverage of minority view- program would be indecent as defined by Commission regula-
points, or to programming directed at members of minority groups, lions.
and which is over 50 percent minority-owned as the term 'minority' "(2) Cable operators shall comply with the regulations promul-
is defined in section 809(iX3XCXii). gated pursuant to paragraph (1).':
"(J) For purposes of this subsection, the term 'qualified educe- (c)PR:nue:Ts SYSTEM Use.—Within 180 days following the date
tionalprogrammingsource'means a programming ofthe enactment ofthis Act, the Federal Communications Commis-
votes p g rig source which de-
votes substantially all of its programming to educational or instruc- sion shall promulgate such regulations as may be necessary to
tional programming that promotes public understanding of mathe- enable a cable operator of a cable system to prohibit the use, on such
matics, the sciences, the humanities, and the arts and has a docu- system, of any channel capacity of any public, educational, or gov-
mented annual expenditure on programming exceeding $15,000,000. ernmental access facility for any programming which contains ob-
The annual expenditure on programming means all annual costs in- scene material, sexually explicit conduct, or material soliciting or
•
curried by the programming source to produce or acquire programs promoting unlawful conduct.
which are scheduled to be televised, and specifically excludes mar- (d)CONFORMING AMENDMENT.—Section 638 of the Communica-
keting. promotion, satellite transmission and operational costs, and tions Act of 1934 (47 U.S.C. 558) is amended by striking the period
general administrative coals. at the end and inserting the following: "unless the program involves
"(4)Nothing in this subsection shall substitute for the require obscene material."
ments to carry qualified noncommercial educational television sta- • SEC. II.LIMITATIONS ON OWNERSHIP.CONTROL,AND UTILIZATION.
tions as specified under section 615.': (a) CROSS-OWNERSHIP.—Section 613(a) of the Communications
(d) CONFORMING AMENDMENT.—Parugraph (5)of section 612(b) Act of 1934(47 U.S.C. 533(a))is amended—
of the Communications Act of 1984 (47 U.S.C. 532(b))is amended to (1)by inserting "(1)"immediately after "(a)';-and
read as follows: (2)by adding at the end the following new paragraph:
'(51 For the purposes of this section, the term 'commercial use' "(2)It shall be unlawful for a cable operator to hold a license
means the provision of video programming, whether or not for for multichannel multipoint distribution service, or to offer satellite
profit.". master antenna television service separate and apart from any fran-
see. II. ('HILDRENN PROTECTION PROM INDECENT PROGRAMMING ON chisel cable service, in any portion of the franchise area served by
LEASED ACCESS CHANNELS. that cable operator's cable system. The Commission—
(a)Airl'HORiri' ro ENFORCE.—Section 612(h)of the Communica- "(A)shall waive the requirements of this paragraph for all
lions Act of 1.934 (47 U.S.C. 522(h)I is amended— - existing multichannel multipoint distribution services and sat-
(1) by inserting "or-the cable operator" after "franchising ellite master antenna television services which are owned by a
authority";and cable operator on the date of enactment of this paragraph; and
(2)by adding at the end thereof the following: "This subsec- '(RI may waive the requirements of this paragraph to the
lion shall permit a cable operator to enforce prospectively a extent the Commission determines is necessary to ensure that
written and published policy of prohibiting programming that all significant portions of a franchise area are able to obtain
the cable operator reasonably believes describes or depicts sexual . video programming.':
or excretory activities or organs in a patently offensive manner (b) CLARIFICATION OF LOCAL AUTHORITY To REGULATE OWNER-
as measured by contemporary community standards.': SHIP—Section 613(d)of the Communications Act of 1934 (47 U.S.C.
(b)COMMISSION REGULATIONS.'—Section 612 of the Communica- 538(d))is amended—
lions Act of 19.Y4 (47 U.S.C. 532)is amended by inserting after sub- (1) by striking. "any media" and inserting "any other
section lit (as added by section 9(c)of this Act) the following new media';•and
subsection: (2)by adding at the end thereof the following: "Nothing in
"(j)(1) Within 120 days following the date of the enactment of this section shall be construed to prevent any State or franchis-
this subsection, the Commission shall promulgate regulations de- ing authority from prohibiting the ownership or control of a
3
30 1
SEC Ii.REi:(1.4TION OF CARRIAGE AGREEMENTS
cable system in a jurisdiction by any person (1)because of such Part 11 of title VI of the Communications Act of 1934 is amend-
person s ownership or control of any other cable system in such ed by inserting after section 615 (as added by section 5 of this Act)
jurisdiction; or(2)in circumstances in which the State or fran-
chising authority determines that the acquisition of such a •
. cable system may eliminate or reduce competition in the deliv- "SEC fit REGULATION OF CARRIAGE AGREEMENTS.
ery of cable service in such jurisdiction.'. "(a) REGULATIONS.—Within one year after the date of enact-
(c)COMMISSION REGULATIONS.—Section613 of the Communica- ment of this section, the Commission shall establish regulations goy
(ions Act of 1934 (47 U.S.C. 5.79)is amended— erning program carriage agreements and related practices between
(1)by redesignating subsections(f)and(Was subsections (g) cable operators or other multichannel video programming distribu-
and(hI, respectively;and tors and video programming vendors. Such regulations shall—
_ (2) by inserting after subsection (e) the following new sub- "(1)include provisions designed to prevent a cable operator
section: or other multichannel video programming distributor from re-
"(f)t!)In order to enhance effective competition. the Commission quiring a financial interest in a program service as a condition
shall, within one,year after the date of enactment of the Cable Tele- for carriage on one or more of such operator's systems;
vision Consumer Protection and Competition Act of 1992, conduct a "(2)include provisions designed to prohibit a cable operator
proceedin¢— or other multichannel video programming distributor from coo-
'IA)to prescribe rules and regulations establishing reasona- ercing a video programming vendor to provide, and from retail-
ble limits on the number of cable subscribers a person is author- ating against such a vendor for failing to provide, exclusive
ized to reach through cable systems owned by such person, or in rights against other multichannel video programming distribu-
which such person has art attributable interest; tors as a condition of carriage on a system;
"(RI to prescribe rules and regulations establishing reasona- "al contain provisions designed to prevent a multichannel
ble limits on the number of channels on a sable system that can video programming distributor from engaging in conduct the
be occupied by a video programmer in which a cable operator effect of which is to unreasonably strain the ability of an un-
has an attributable interest;and affiliated video programming vendor to compete fairly by dis-
"(C)to consider the necessity and appropriateness of impels- criminating in video programming distribution on the basis of
ing limitations on the degree to which multichannel video pro- affiliation or nonaffiliation of vendors in the selection, terms,
gramming distributors may engage in the creation or produc- or conditions for carriage of video programming provided by
lion of video programming. such vendors;
"(2) In prescribing rules and regulations under paragraph (14 "(4)provide for expedited review of any complaints made by
the Commission shall, among other public interest objectives— a video programming vendor pursuant to this section;
"(A)ensure that no cable operator or group of cable can unfairly impede, either because ofopera- "(5)provide for appropriate penalties and remedies for vio-
tonsthe size of any indi- lotions of this subsection, including carriage;and
varietal operator or because of joint actions by a group of opera- .�
tors of sufficient size, the flow of video programming from the (6) rovide penalties to be assessed against any person
filing a frivolous complaint pursuant to this section.
video programmer to the consumer,"(RI ensure that cable operators affiliated with video pro- "(b) DEFINITION.—As used in this section, the term 'video pro-
grammers do not favor such programmers in determining car- gramming vendor' means a person engaged in the production, err-
riage on their cable systems or do not unreasonably restrict the ation, or wholesale distribution of video programming for sale."
flout of the video programming of such programmers to other SEC IS.SALES OF CARLE SYSTEMS.
video distributors; Part iI of title VI of the Communications Act of 1934 is further
'(Cl take particular account of the market structure, owner- amended by adding at the end thereof the following new section:
ship patterns, and other relationships of the cable television in- "SEC 6i7.SALES OF CARLE SYSTEMS.
dusty . including the nature and market power of the local "(a) 3-YEAR HOLDING PERIOD REQUIRED.—Except as provided
—franchise. the joint ownership of cable systems andvideo pro- in this section. no cable operator may sell or otherwise transfer own-
grammers. and the various types of non-equity controlling inter- ership in a cable system within a 36-month period following either
gists; the acquisition or initial construction of such system by such opera-
"(!)) account for any efficiencies and other bens is that• tor.
might be gained through increased ownership or control;
1E) make such rules and regulations reflect the dynamic '(b) TREATMENT OF MULTIPLE TRANSFERS.—In the case of a
nature of the communications marketplace; sale of multiple systems, if the terms of the sale require the buyer to
'(F) not impose limitations which would bar cable opera- subsequently transfer ownership of one or more such systems to one
• tors from serving previously unserved rural areas;and or more third parties, such transfers shall be considered a part of
•‘•, - "(G)not impose limitations which would impair the devil- the initial transaction.
.opment of diverse and high quality video programming.': "(c)EXCEPTIONS.—Subsection (a)shall not apply to—
32 33 ,
"Many transfer of ownership interest in any cable system channel, the cable operator shall, not later than 30 days before such
which is not subject to Federal income tax liability; premium channel is provided without charge—
"(21 any sale required by operation of any law or any act of '(i) notify all cable subscribers that the cable operator
any Federal agency, any State or political subdivision thereof • plans to provide a premium channel without charge;
or any franchising authority;or • 'Yii1 notify all cable subscribers when the cable operator
'I:) any sale, assignment, or transfer, to one or more pur- plans to offer a premium channel without charge;
chasers, assignees, or transferees controlled by, controlling, or '(iii) notify all cable subscribers that they have a right to
under common control with: the seller, assignor, or transferor. request that the channel carrying the premium channel be
"(d1 WAIVER Aurilonirv.—The Commission may, consistent blocked;and
with the public interest, waive the requirement of subsection (a), • "(iv)block the channel carrying the premium channel upon
• except that, if the franchise requires franchise authority approval of the request of a subscriber.
a transfer, the Commission shall not waive such requirements "(B)For the purpose of this section, the term 'premium channel'
unless the franchise authority'hasapproved the transfer. The Com- shall mean any pay service offered on a per channel or per program
mission shall use its authority under this subsection to.permit ap- basis, which offers movies rated by the Motion Picture Association
propriate transfers in the cases of default, foreclosure, or other fi- of America as X, NC-17, or R.".
nancial distress. SRC. If. TECHNICAL STANDARD& EMERGENCY ANNOUNCEMENTS; PRO-
.
. "(e) LIMITATION ON DURATION OF FRANCHISING, AUTHORITY CRAMMING CHANGES:HOME WIRING.
POWER To DISAPPROVE TRANSFERS.—In the Cade of any sale or (a) TECHNICAL STANDARDS.—Section 624(e) of the Communica-
transfer of ownership of any cable system after the 8(l-month period tions Act of 1934 (47 U.S.C. 544(e)) is amended to read as follows:
following acquisition of such system, a franchising authority shall, ' '(e) Within one year after the date of enactment of the Cable
if the franchise requires franchising authority approval of a sale or • Television Consumer Protection and Competition Act of 1992, the
transfer, have 120 days to act upon any request for approval of such Commission shall prescribe regulations which establish minimum
sale or transfer that contains or is accompanied by such informa- technical standards relating to cable systems' technical operation
Lion as is required in accordance with Commission regulations and and signal quality. The Commission shall update such standards
by the franchising authority. If the franchising authority fails to periodically to reflect improvements in technology. A franchising
render a final decision on the request within 120 days, such request authority may require as part of a franchise (including a modifica-
shall be deemed granted unless the requesting party and the fran- Lion, renewal, or transfer thereof)provisions for the enforcement of •
chasing authority agree to an extension of time. . the standards prescribed under this subsection. A franchising au-
SEC. It S1'8S('RIRER RILL ITEMIZATION. thority may apply to the Commission for a waiver to impose stand-
Section 622(c) of the Communications Act of 1934 (47 U.S.C. aids that are more stringent than the standards prescribed by the
542(0)is amended to read as follows: Commission under this subsection."
'ice Each cable operator may identify, consistent with the regu• (b) EMERGENCY ANNOUNCEMENTS.—Section 624 of such Act (47
lations prescribed by the Commission pursuant to section 628, as a U.S.C. 544)is amended by adding at the end the following new sub-
separate line item on each regular bill of each subscriber, each of section:
the following: "(g) Notwithstanding any such rule, regulation, or order, each
"(I) The amount of the total bill assessed as a franchise fee cable operator shall comply with such standards as the Commission
and the identity of the franchising authority to which the fee is shall prescribe to ensure that viewers.of video programming on
paid cable systems are afforded the same emergency information as is of
"(2) The amount of the total bill assessed to satisfy any re- forded by the emergency broadcasting system pursuant to Commis-
quirements imposed on the 'cable operator by the franchise sion regulations in subpart G of part 7S, title 47, Code of Federal
agreement to support public, educational, or governmental Regulations.":
channels or the use of such channels. (c)PROGRAMMING CHANGES.—Section 624 of such Act(47 U.S.C.
"(8) The amount of any other fee, tax, assessment, or charge 544)is further amended—
• of any kind imposed by any governmental authority on the (I)in subsection (bXl), by inserting "; except as provided in
transaction between the operator and the subscriber." subsection(h),"after "but may not";and
SEC. Is. NOTICE TO CABLE SUBSCRIBERS ON UNSOLICITED SEXUALLY EX- (2)by adding at the end the following new subsection:
PLI('IT PROGRAMS. "(h)A franchising authority may require a cable operator to do
Section 624(d) of the communications Act of 1.9.14 (47 U.S.C. any one or more of the following:
544(dll is amended by adding at the end the following new para. "(1)Provide SO days'advance written notice of any change
graph: in channel assignment or in the video programming service pro-
"(8)(A)If a cable operator provides a premium channel without vided over any such channel.
charge to cable subscribers who do not subscribe to such premium
H. Rept. 102-862 ---- 3
•
, 34 35
"(2) Inform subscribers, via written notice, that comments '(1)FACTORS 7+v BE coNSiDERED.—in prescribingthe regula-
on programming and channel position changes are being record- lions required by this section, the Commission shal consider—
• ed by a designated office of the franchising authority.": "(A) the costs and benefits to consumers of imposing
(d) HOME WIRING.—Section 624 of such Act (47 U.S.0 544) is compatibility requirements on cable operators and televi-
further amended by adding at the end the following new subsection: sin manufacturers in a manner that, while providing of
"(il Within 120 days after the date of enactment of this subsec- fective protection against theft or unauthorized reception of
interference with or nullifica-
tio
n,
will
minimize
lion. the Commission shall prescribe rules concerning the disposi- cable service,
lion, after a subscriber to a cable system terminates service, of any lion of the special functions of subscribers'television receiv-
cable installed by the cable operator within the premises of such era or video cassette recorders, including functions that
�. permit the subscriber—
subscriber. "(i) to watch a program on one channel while si-
Sf'(. 17.CONSUMER ELE(TRONiCS EQUIPMENT COMPATIBILITY. multaneously using a video cassette recorder to tape a
The Communications Act of 1.9.14 is amended by adding after program on another channel;
section 624 (47 U.S.(' 544)the following new section: "(ii) to use a video cassette recorder to tape two
"SEC CIA.CONSUMER EL (TRONI(:SEQIUIPMENT('OMPATIRILiTY. consecutive programs that appear on different chan-
"(a)FINDINGS.—The Congress finds that— nels;and .
"(1)new and recent models f television receivers and video "(iii) to use advanced television picture generation
cassette recorders often contain premium features and functions and display features;and
that are disabled or inhibited because of cable scrambling, en- "(B)the need for cable operators to protect the integrity
coding. or encryption technologies and devices, including con- of the signals transmitted by the cable operator against
verter boxes and remote control devices required by cable opera- theft or to protect such signals against unauthorized recep-
tors to receive programming; lion.
"(2)if these problems are allowed to persist, consumers will "(2) REGULATIONS REQUIRED.—The regulations prescribed
be less likely to purchase, and electronics equipment manufac- by the Commission under this section shall include such regula-
lurers will be less likely to develop, manuacture, or offer for lions as are necessary—
sale. television receivers and video cassette recorders with new "(A)to specify the technical requirements with which a
and innovative features and functions;and television receiver or video cassette recorder must comply in
"(8) cable operators should use technologies that will pre- order to be sold as 'cable compatible'or 'cable ready'
vent signal thefts while permitting consumers to benefit from "(B)to require cable operators offering channels whose
such features and functions in such receivers and recorders. reception requires a converter box— .
(b)COMPATIBLE INTERFACES.— "(i) to notify subscribers that they may be unable
"(1)REPORT; REGi/I-ATIONS.—Within 1 year after the date of to benefit from the special functions of their television
enactment of this section. the Commission, in consultation with receivers and video cassette recorders, including franc-
representatives of the cable industry and the consumer electron- lions that permit subscr•ibers—
ic's industry, shall report to Congress on means of assuring corn- "(I)to watch a program on one channel while
patilrility between televisions and video cassette recorders and simultaneously using a video cassette recorder to
cable systems. consistent with the need to prevent theft of cable tape a program on another channel;
service, so that cable subscribers will be able to enjoy the full "(II) to use a video cassette recorder to tape
benefit of both the programming available on cable systems and . • two consecutive programs that appear on different
the functions available on their televisions and video cassette channels;and
recorders. Within 180 days after the date of submission of the '(III) to use advanced television picture gen-
report required by this subsection, the Commission shall issue eration and display features;and
such regulations as are necessary to assure such compatibility. "(ii)to the extent technically and economically lea-
"(2) SCRAMBLING AND ENCRYPTION.—In issuing the regula- sible, to offer subscribers the option of having all other
lions referred io in paragraph (l), the Commission shall deter- channels delivered directly to the subscribers television
mine whether and, if so. under what circumstances to permit receivers or video cassette recorders without passing
cable systems to scramble or encrypt signals or to restrict cable through the converter box;
systems in the manner in which they encrypt or scramble sig- '(C)to promote the commercial availability, from cable
nale. except that the Commission shall not limit the use of operators and retail vendors that are not affiliated with
scrambling or encryption technology where the use of such tech- cable systems, of converter boxes and of remote control de-
nology does not interfere with the functions of subscribers'tele- vices compatible with converter boxes;
vision receivers or video cassette recorders. (D) to require a cable operator who offers subscribers
"(n)RULEMAICING REQUIREMENTS.— • the option of renting a remote control unit—
mow mrsurww nwwr esmin w
1111111111111—
II1H11111111111111111111111.M111111r1i--.
36 37
•
(1) by inserting "that has been submitted in compliance
'(i) to notify subscribers that they may purchase a
with subsection (b) 'after 'Any denial of a proposal for renew-
commercially available remote control device from any
source that sells such devices rather than renting it al'; and
from the cable operator;and (2)by striking "or has effectively acquiesced"and inserting
"(il) to specify the types of remote control units "or the cable operator gives written notice of a failure or inabil-
that are corn tible with the converter box su lied byity to cure and the franchising authority fails to object within a
�" PP
the cable operator;and reasonable time after receipt of such notice':
'YE)to prohibit a cable operator from taking any action (el HARMLESS ERROR.— Section 626(eX2XA)of the Comrwunica-
that prevents or in any way disables the converter box sup- lions Act of 1914 (47 U.S.C. 546(eX2XAl) is amended by inserting
plied by the cable operator from operating compatibly With ,.
"franchising authority"the following: '; other than harmless
commercially available remote control units. error,
PROCEED-
"(d) REVIEW or REG NS.—The Commission shall periodi (1� CONFLICT BsiwgxN REVOCATION AND RENEWAL
rally review and, if necessary, modify the regulations issued pursu- 546) motion 686 of the Communications Act of 1914 new (47 U.S.C.
ant to this section in light of any actions taken in response to such 5461 is amended by adding at the end the following subsection
regulations and to reflect improvements and changes in cable eys 61 Notwithstanding the provisions of subsections (a) through
terns, television receivers, video cassette recorders, and similar tech- cause(h any shall not bea negnated
to revoke a cableseqoperator's initiation
franchise teal
nology.': not negated by the subsequent initiation of renews!
not: Is.FRANCHISE RENEWAL
proceedings gs by the cable operator under this section.".
SEC IA DEVELOPMENT OP COMPETITION AND DIVERSITY IN VIDEO PRO-
(a) COMMENCEMENT OF PROCEEDINGS.—Section 626(a) of the CRAMMING DISTRIRtrTION.
Communications Acl of 1.934 (47 U.S.0 546(a)) is amended to read Part IiI of title VI of the Communications Act of 1994 is
as follorua. amended by inserting after section 627(47 U.S.C. 547) the following
'SEc. 626 (a '11 A franchising authority may, on its own initia- new section.- .
fire during the 6-month period which begins with the 86th month "SEC eta. DRYRLOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PRO.
before the franchise expiration, commence a proceeding which at CRAMMING DISTRIBUTION.
fords the public in the franchise area appropriate notice and partici- "(a) PURPOSE.—The purpose of this section is to promote the
potion for the purpose of(A) iden.•ifying the future cable-related • public interest, convenience, and necessity by increasing competition
cornnmunity needs and interests, and (B) reviewing the performance and diversity in the multichannel video programming market, to in-
of the cable operator under the franchise during the then current crease the availability of satellite cable programming and satellite
franchise term. If the cable operator submits, during such 6-month broadcast programming to persons in rural and other areas not cur-
period, a written renewal notice requesting the commencement of rently able to receive such programming, and to spur the develop-such a proceeding. the franchising authority shall commence such a ment of communications technologies.
proceeding not later than 6 months after the date such notice is sub- "(b)PROInamTloN.—It shall be unlawful for a cable operator, a
milled. satellite cable programming vendor in which a cable operator has
12) The cable operator may not invoke the renewal procedures an attributable interest, or a satellite broadcast programming set forth in subsections(b)through (g)unless— vendor to engage in unfair methods of competition or unfair or de-
"(A)such a proceeding is requested by the cable operator by ceptiue acts or practices, the purpose or effect of which is to hinder
timely submission of such notice;or significantly or to prevent any multichannel video programming
"(R)such a proceeding is commenced by the franchising au- distributor from providing satellite cable programming or satellite
thority on its own initiative.': broadcast programme to subscribers or consumers.
(Id PROCEEDINGON RENEWAL PROPOSAL.—Section 626(Ck1I of "(c)REGULATIONSEQUIRED.—
the Communications Act of 1934 (47 U.S.0 546(c)(111 is amended— "(11 PROCEEDING REQUIRED.—Within 180 days after the
(bl"a/ter "renewal date of enactment of this section, the Commission shall, in
(11 by inserting "pursuant to subsection
of a franchise'; and order to promote the public interest, convenience, and necessity
(2)by striking"completion of any proceedings under aubsec- by increasing competition and diversity in the multichannel
tion (a)"and inserting the following: "date of the submission of video programming market and the continuing development of
communications technologies, prescribe regulations to specify
the cable operator's proposal pursuant to subsection (b)".
(c) REVIEW CRITERIA.—Se('tion 6l6(r01XR) of the
Communica-tions Act of 1.984 (47 U.S.(' 5461c•X1NR11 is amended by striking 121 MINIMUM CONTENTS OF REGULATIONS.—The regulations
"mix, quality. or level"and inserting "mix or qualify': to be promulgated under this section shall—
((!) CORRECTION OF FAI/.t RES.—Section 626(d)of the Commune- "iA1 establish effective safeguards to prevent a cable
cations Act of 1.9.14 (47 U.S.0 546(dll is amended— operator which has an attributable interest in a satellite
cable programming vendor or a satellite broadcast program-
w w tea_ ----
3x 39
ming vendor from unduly or improperly influencing the de. "(A) GEOGRAPHIC LIMITATIONS.—Nothing in this sec-
• cisron of such vendor to sell, or the prices, terms, and condi- tun shall require any person who is engaged in the nation-
i of sale of satellite cable programming or satellite al or regional distribution of video programming to make
broadcast programming to any unaffiliated multichannel such programming available in any geographic area beyond
video programming distributor;; which such programming has been authorized or licensed
"i'B) prohibit discrimination by a satellite cable pro- for distribution.
gramming vendor in which a cable operator has an attrib- "(B) APPLICABILITY TO SATELLITE RETRANSMISSIONS.—
utable interest or by a satellite broadcast programming Nothing in this section shall apply (i) to the signal of any
vendor in the prices, terms, and conditions of sale or deliv broadcast affiliate of a national television network or other
ery of satellite cable programming or satellite broadcast television signal that is retransmitted by satellite but that
programming among or between cable systems, cable opera- is not satellite broadcast programming, or (ii) to any inter-
- tors, or other multichannel video programming distribu. nal satellite communication of any broadcast network or
tors, or their agents or buyinggroups; except that such a cable network that is not satellite broadcast programming.
satellite cable programming indor in which a cable opera- "(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CON-
. for has on attributable interest or such a satellite broadcast rnActs.—In determining whether an exclusive contract is in the
programming vendor shall not be prohibited from— public interest for purposes of paragraph (2XD), the Commission
'lit imposing reasonable requirements for credit- shall consider each ofthe following ctors with respect to the
worthiness, offering of service, and financial stability effect of such contract on the distribution of video programming
and standaras regarding character and technical qua!• in areas that are served by a cable operator:
ity; "lei/establishing different prices, terms, and condi- "(A) the effect of such exclusive contract on the dev el-
opment of competition in local and national multichannel
Lions to take into account actual and reasonable differ- video programming distribution markets;
ences in the cost of creation, sale, delivery or transmis- "(B)the effect of such exclusive contract on competition
sion of satellite cable programming or satellite broad- from multichannel video programming distribution tech-
cast programming;
nologies other than cable;
'(iii) establishing different prices, terms, and con- "(C) the effect of such exclusive contract on the attrac-
ditions which take into account economies of scale, cost tion of capital investment in the production and distribu-
savings, or other direct and legitimate economic hene- lion of new satellite cable programming;
fits reasonably attributable to the number of subscrib- "(D)the effect of such exclusive contract on diversity of
ers served by the distributor;or programming in the multichannel video programming dis-
"(iv)entering into an exclusive contract that is per- tribution market;and
milted under subparagraph Mt
prohibitpractices, understandings, arrangements,
"(E)the duration ofthe exclusive contrail.
'IC/ gements, by para-
and activities, including exclusive contracts for satellite (51 SuNsaT PROVISION.—The prohibition required
graph (
cable programming or satellite broadcast programming be-
enactment shall cease to be effective 10 years after the date of
tween a cable operator and a satellite cable programming enactment of this section, unless the Commission finds, in a
vendor or satellite broadcast programming vendor, that pre- proceeding conducted during the last year of such 10 year
vent a multichannel video programming distributor from period, that such prohibition continues to be necessary to pre
serve and protect competition and diversity in the distribution
obtaining such programming from any satellite cable pro-
gramming vendor in which a cable operator has an attrib- •
of video programming
utable interest or any satellite broadcast programming '(d)ADJUDICATORY PROCEEDING.—Any multichannel video pro
vendor in which a cable operator has art attributable inter- gramming-distributor aggrieved by conduct that it alleges consti-
est for distribution to persons in areas not served by a cable lutes a violation of subsection (b), or the regulations of the Commis-
operator as of the date of enactment of this section;and sion under subsection (c), may commence an adjudicatory proceeding
"(DI with respect to distribution to persons in areas at the Commission.
served by a cable operator, prohibit exclusive contracts for 'Ye)REMEDIES FOR VIOLATIONS.—
' satellite cable programming or satellite broadcast program. "(1) REMEDIES AUTHORIZED.—Upon completion of such ad
ming between a cable operator and a satellite cable pro- judicatory proceeding, the Commission shall have the power to
gramming vendor in which a cable operator has an attrib- order appropriate remedies, including, if necessary, the power to
utable interest or a satellite broadcast programming vendor establish prices, terms, and conditions of sale of programming
in which a cable operator has an attributable interest, to the aggrieved multichannel video.programming distributor.
unless the Commission determines (in accordance with "(2) ADDITIONAL REMEDIES.—�e remedies provided in
paragraph (4)) that such contract is in the public interest. pa (1)are in addition to and not in lieu of the remedies
(3)LIMITATIONS.- available under title V or any other provision of this Act.
40 41
"(f) PROCFntIRFc.—The Commission shall prescribe regulations cable operator that are used in the provision of cable service;
In implement this sect' . The Commission's regulations shall— and
"'/I provide jvrr an expedited review of any complaints "(C) the term 'cable operator' includes, in addition to per-
made pursuant to this section; sons within the definition of cable operator in section 602' any
'121 establish procedures for the Commission to collect such person who(i)is owned or controlled by, or under common own-
data. including the right to obtain copies of all contracts and ership or control with, a cable operator, and (ii)provides any
documents reflecting arrangements and understandings alleged wire or radio communications service.':
to violate this section, as the Commission requires to carry out (b) ADDITIONAL ACTIONS REQUIRED.—Section 681(cXI) o the
this section;and Communications Act of 1934 (47 U.S.C. 551(c)(1)) is amended in-
• '181 provide for penalties to be assessed against any person serting immediately before the period at the end the following and
filing a frivolous complaint pursuant to this section. shall take such actions as are necessary to prevent unauthorized
- '(g)REPORTS.—The Commission shall, beginning not later than access to such information by a person other than the subscriber or
1R months after promulgation of the regulations required by subsec- cable operator':
Lion Ic1, annually report to Congress on the status of competition in SEC.2I. THEFT OP CABLE SERVICE
the market for the delivery of video programming.
"Oil EXEMPTIONS FOR PRIOR CONTRACTS.— Section 68J(b) of the Communications Act of 1934 (47 U.S.0
"(1/ IN GENERAL.—Nothing in this section shall affect any 5JJ(b1)is amended—
contract that grants exclusive distribution rights to any person (1)in paragraph ($1—
ruilh respect to satellite cableprogramming (A)by striking "I vear0"and inserting "$ears ";
and that was en-
(B)by striking y,yeeaar"and inserting "2 years';
tend into on or befirre June 1, 1990, except that the provisions (C)by striking ":50,000"and inserting "$100000';and
of subsection 0(21(C1 shall apply for distribution to persons in (D) by striking "2 years"and inserting "5 years'; and
areas not served by a cable operator. (2) by adding at the end thereof the following new para-
121 LIMITATION ON RENEWALS.—A contract that was en-
teredgraph:
into on or before June 1, 1990. but that is renewed or ex- p
tended after the date of enactment of this section shall not be (JI For purposest of all penalties and red activitydies establishediahed for
exempt under paragraph (1), violations of subsection (aX1), the prohibited
"ii/L)FFINITIONS.—As used in this section: herein as it applies to each such device shall be deemed a separate
• "11) The term 'satellite cable programming' has the mean violation.':
ing provided under section 705 of this Act, except that such SEC.22.EQUAL EMPLOYMENT OPPORTUNITY.
term does not include satellite'broadcast programming. (a)FINDINGS.—The Congress finds and declares that—
"a') The term 'satellite cable programming vendor'means a (1)despite the existence of regulations governing equal em-
person engaged in the pinduction, creation, or wholesale distri- ployment opportunity, females and minorities are not employed
hution for sale of satellite cable programming, but does not in- in significant numbers in positions of management authority in
elude a satellite broadcast programming vendor. the cable and broadcast television industries;
"1.11 The term ;satellite broadcast programming' means (2) increased numbers of females and minorities in pall-
broadcast video programming when such programming is re- (ions of management authority in the cable and broadcast tele-
transmitted by satellite and the entity retransmitting such pro- vision industries advances the Nation's policy favoring diversity
gramnring is not the broadcaster or a:• cntity performing such in the expression of views in the electronic media;and •
retransmission on behalf of and with the specific consent of the (3) rigorous enforcement of equal employment opportunity
broadcaster. rules and regulations is required in order to effectively deter
"141 The term 'satellite broadcast programming vendor' racial and gender discrimination.
means a fixed service satellite carrier that provides service pur- (b)STANDARDS.—Section 634(dX1)of the Communication Act of
suant to section 11.9 of title 17. United States Code, with respect 1984 (47 U.S.0 5.54(dk111 is amended to read as follows:
So satellite broadcast programming.': "(dX1) Not later than 270 days after the date of enactment of
xsl ale. t't:tiTo.NFR I�Rn'ArT RIGHTS.
the Cable Television Consumer Protection and Competition Act of
(al '1 STO.rrrrunrs.—Seclio►v 6'111aX11 of the Communications Act 1992, and after notice and opportunity for hearing, the Commission
of 1.9.14 (47 ri.S.C. 5.51(0(211 is amended to read as follows: shall prescribe revisions in the rules under this section in order to
"l rl For purposes of this section, other thansubsectionsfollows:
(hl— implement the amendments made to this section by such Act. Such
"IA1 the term 'personallythiecti identifiable information'does not revisions shall be designed to promote equality of employment oppor-
include any record of aggregate data which does not identifyitemized for females and minorities in each of the job categories
particular persons; itemized in paragraph 131.';
(c) CONTENTS OF ANNUAL STATISTICAL REPORTS.—Section
"IB/the term 'other service'includes any wire or radio coin- 634(dk3/of the Communications Act of 1934 (47 U.S.C. 554(dX81) is
inimical' s service provided using any of the facilities of a amended to read as follows:
42 43
'(3)(A)Such rules also shall uire an entity specifiedin su re b- "SEC. lit LIMITATION ON REVISION OF EQUAL EMPLOYMENT OrPORTUNI-
qTY REGULATIONS
section (a) with more than 5 full-time employees to file with the "(a) LuneAl oN.—Except as specifically provided in this sec-
Commission an annual statistical report identifying by race, sex, lion, the Commission shall revise—
time job title the number of employees sin each of the following full- "(1) the mutationsnotres concerning equal employment opportu
lime and"(i) of o ate officers. nity as in effect on September 1, 1992 (47 C.F.R. 7J.20801 as
'fit Generalnerle oanage such regulations apply to television broadcast station licensees
"fist Managan and permilteies,or
"OW Comp Technician. 7
"ay)Comptroller. 1(2) the forms used by such licensees and permitted
to
• "Iv'►General Sales Manager. report�pertinent employment data to the Commission.
"(i i)Production Manager. "(b)MIDrERM REVIEW.—The Commission shalt revise the regu-
�' "( 'iilManagers. lotions described in subsection (a) to require a midterm review of
"(viii)Professionals.• television broadcast station licensees'employment practices and to,
"(ix)Technicians. require the Commission to inform such licensees of necessary im-
"fx)Sales Personnel. provements in recruitment practices identified as a consequence of
"(xi)Office and Clerical Personnel. such review.
"(xii1 Skilled Crafts persons. "(c)AUTHORITY TO MAKE TECHNICAL REVISIONS.—The C,ommis-
"(xiii)Semiskilled Operatives. sion may revise the regulations described in subsection (a) to make
"lxiv) Unskilled laborers. nonsubstantive technical or clerical revisions in such regulations as
"(xi')Service Workers. necessary to reflect changes in technology, terminology, or Commis-
"(B) The report required by subparagraph (A)shall be made on sion organisation
separate forms, provided by the Commission, for f�ull-time and part- (g)STUDY AND REPORT REQUIRED.—Not later than 2 years after
time employees. The Commission's rules shall-suff-iciently define the the date of enactment of this Act, the Commission shall submit to
job categories listed in clauses (i)through foil ojjsuch subparagraph the Congress a report pursuant to a proceeding to review and obtain
so as to ensure that only employees who are principal decision- public comment on the effect and operation of the amendments
makers and who have supervisory authority are reported for such made by this section. In conducting such review, the Commission
categories. The Commission shall adopt rules that define the job shall consider the effectiveness of its procedures, regulations, poll-
categories listed in clauses (vii) through (xv) in a manner that is cies, standards, and guidelines in promoting equality of employment
consistent with the Commission policies in effect on June 1, 1990. opportunity and promotion opportunity, and particularly the efrec-
The Commission shall prescribe the method by which entities shall tiveness of its procedures, regulations, policies, standards, and
be required to compute and report the number of minorities and •
guidelines in promoting the congressional policy favoring increased
uarnwen in the job categories listed in clauses fit through (x)and the employment opportunity for women and minorities in positions of
number of minorities and women in the job categories listed in management authority. The Commission shall forward to the Con-
clauses (i) through (xv) in proportion to the total number of quail- gress such legislative recommendations to improve equal employ-
fied minorities and women in the relevant labor market. The report ment opportunity in the broadcasting and cable industries as it
shall include information on hiring, promotion, and recruitment deems necessary.
practices necessary for the Commission to evaluate the efforts of en-
titiesREVIEW
to comply with the provisions of paragraph (2)of this eubsec- Section JUDICIAL
RoE the Communications Act of 1934 (47 U.S.0 555).
lion. The report shall be available for Public inspection at the enti-
t y's central location and at every location where 5 or more full-time is amended by adding at the end the following new subsection:
employees are regularly assigned to work. Nothing in this subsection "IcXI) Notwithstanding any other provision of law, any civil
shall be construed as prohibiting the C.`ommission from collecting or action challenging the constitutionality of section 614 or 615 of this
continuing to collect statistical or other employment information in Act or any provision thereof shall be heard by a district court of
a manner that it deems appropriate to carry out this section.': three judges convened pursuant to the provisions of section 2284 of
- (d)PENAI.TIFS.—Section I402)of such Act(47 U.S.C. 554021) title 28, United States Code.
is amended by striking "$!00"and inserting "$500". "(2)Notwithstanding any other provision of law, an interlocuto-
(e) APPLICATION OF REQUIREMENTS.—Section 634(hkll of such ry or final judgment, decree, or order of the court of three judges in
Art (47 (1.S.C. .5.54(h III) is amendea by inserting before the period an action under paragraphas(1)holding section 614 or 615 of this Act
the,following: "and any multichannel video programming distribu- or any provision there unconstitutional shall be reviewablea
tor'. matter of right direct appeal to the Supreme Court. Anysuch
(fl BROADCASTING EQUALEMPLOYMENT OPPORTUNITY.—Part I appeal shall be filed not more than 20 days after entry of such judg-
of title III of the Communications Act of 19.74'is amended by insert- ment, decree, or order.':
ing after section :d:d.l 07 U.S.C. .I:ll)the following new section:
(� � — — = E
NI
_� ,_I
. 44 45
SEC 24. LIMITATION ON FBA NCHISING AUTHORITY l,/AR//,IT1: . pee may be served through technological and other developments in,
(a) AMENDMENT—Part IV of title Vi of the Communications or regulation of, such service.
Art of 1914 is amended by inserting after section 635 (47 U.S.C. 555) I1)1 CARRIAGE OBLIGATIONS FOR NONCOMMERCIAL, EDWATION•
the following new section: • AL, AND INFORMATIONAL PROGRAMMING.—
"(I 1 CHANNEL CAPACITY REQUIRED.—The Commission shall
'SEC ROSA.LIMITATION OF ERANCHISING AUTHORITY LIABILITY. require, as a condition of any provision, initial authorization.
"(a)SNITS FOR DAMAGES PROHIRITF.D.—In any court proceeding , or authorization renewal for a provider of direct broadcast sat-
pending on or initiated after the date of enactment of this section ellite service providing video programming. that the provider of
involving any claim against a franchising authority or other govern- such service reserve a portion of channel capacity, equal to
mental entity, or any-official, member, employee, or agent of such not less than 4 percent nor more than 7 percent, exclusively for
authority or entity, arising from the regulation of cable service or. noncommercial programming of an educational or in formation-
from a decision of approval or disapproval with respect to a grant, al nature.
• renewal, transfer, or amendment of a franchise, any relief, to the "(2) USE OF (UNUSED CHANNEL CAPACITY.—A provider of
extent such relief is required by any other provision of Federal, such service may utilize for any purpose any unused channel ca-
State, or local law, shall be limited to injunctive relief and declares- pacity required to be reserved under this subsection pending the
tory relief actual use of such channel capacity for noncommercial pro-
lb) EXCEPTION FOR COMPLETED CASES.—The limitation con- gmmming of an educational or informational nature.
tained in subsection (a)shall not apply to actions that,prior to such - "(31 PRICES, TERMS, AND CONDITIONS: EDITORIAL CONTROL.—
violation, have been determined by a final order of a court of bind- A provider of direct broadcast satellite service shall meet the re-
ing jurisdiction, no longer subject to appeal, to be in violation of a quirements of this subsection by making channel capacity avail-
cable operator's rights. able to national educational programming suppliers, upon rea-
"IC) DISCRIMINATION CLAIMS PERMITTED.—Nothing in this sec- sonable prices, terms, and conditions, as determined by the -
lion shall be construed as limiting the relief authorized with respect • Commission under paragraph (4). The provider of direct broad-
to any claim against a franchising authority or other governmental cast satellite service shall not exercise any editorial control over
. entity, or any official, member, employee, or agent of such authority . any video programming provided pursuant to this subsection.
or entity, to the extent such claim involves discrimination on the "(41 LIMITATIONS.—in determining reasonable prices under
basis of race, color, sex, age, religion, national origin, or handicap. paragraph (.91—
"(d)RU:E of CoNsrRuc-rloN.—Nothing in this section shall be • "(A) the Commission shall take into account the non-
construed as creating or authorizing liability of any kind, under any profit character of the programming provider and any Fed-
law, for any action or failure to act relating to cable service or the • era!funds used to support such programming:
granting of a franchise by any franchising authority or other gov- "(B) the Commission shall notpermit such prices to
ernmental entity, or any official, member, employee, or agent of such ' .-- exceed, for any channel made available under this subsec-
authority or entity.": lion, 50 percent of the total direct costs of making such
(b)CONFORMING AMENDMENT—Section 625(b)of'the Communi- • channel available;and
cations Act of 19.14 (47 U.S.0 555(b))is amended by inserting "and "(C) in the calculation of total direct costs, the Corn-
with the provisions of subsection(a)"after "subsection (a)" • mission shall exclude—
SECiS.DIRECT BROADCAST SATELLITE SERA!c'F.OBLIGATIONS. and 'li) marketing costs, general administrative costs,
of broadcastlar satelli a se vice;andd costs
the provider of direct
(a)AMENDMENT.—Part I oftitle III the Communications Act
• of 1.9,'T4 is further amended by inserting after section 334 (as added "(ill the revenue that such provider might have ob- •
by section 22(f)of this Act)the following new section: Mined by making such channel available to a commer-
"SEY:In DIRECT IIRIIAII('AST SATELLITE SERVICE OBLIGATIONS. cial provider of video programming.
"(a) PROCEEDING REQUIRED TO REVIEW DBS RESPONSIBIL-. "(5)DEFINITIONS.—For purposes of this subsection—
ITIFS.—The Commission shall, within 180 days after the date of en- "(A) The term provider of direct broadcast satellite
actntent of this section, initiate a rulemaking proceeding to impose, - service means—
on providers of direct broadcast satellite service, public interest or "(i)a licensee for a Ku-band satellite system under
other requirements for providing video programming. Any regula- part 100 of title 47 of the Code of Federal Regulations;
tions prescribed pursuant to such rulemaking shall, at a minimum, or •
apply the access to broadcast time requirement of section 312(a071 "Ili) any distributor who controls a minimum
and the use of facilities requirements of section 315 to providers of number of channels (as specified by Commission regu-
direct broadcast satellite service providing video programming. Such lotion) using a Ku-band fixed service satellite system
proceeding also shall examine the opportunities that the establish- for the provision of video programming directly to the
ment of direct broadcast satellite service provides for the principle home and licensed under part 25 of title 47 of the Code
of localism under this Act, and the methods by which such princi- of Federal Regulations.
H. Rept. 102-862'---- 4
47
46
SE(:77. AI'PLI('A1111JT) OFANTITRI'ST LAWS.
"IA) The term 'national educational programming sup- • Nothing in this Act or the amendments made by this Act shall
plier' includes any qualified noncommercial educational be construed to alter or restrict in any manner the applicability of
television station, other public telecommunications entities, any Federal or State antitrust law.
and public or private educational institutions.".
(b) TECHNICAL AMENDMENT.—Section 831 of such Act as added SE(:ZR. EFFECTIVE DATE.
by Public Law .97-25.9(47 U.S.C. 3321 is redesignated as section 332. Except where otherwise expressly provided, the provisions of
SEC M.SPORTS PROGRAMMING MIGRATION STEW!'AND REPORTthis Act and the amendments made thereby shall take effect 60 days
(al Snip). REQUIRED.—The Federal Communications Commis- • after the date of enactment of this Act.
Sinn shall conduct an ongoing study on the carriage of local, region- And the House agree tothe same.
al• and nationals ores programming by broadcast stations, cable That the Senate recede from its disagreement to the same.
programming networks. and r giew services. The studyshall meat of the House to the title of the bill and agree to the same.
- I g g pay-per-view JOHN D. DINGELL,
investigate and analyze. on-a sport-by-sport basis, trends in the mi- EDWARD J. MARKEY,
gration of such programming from carriage by broadcast stations to BILLY TAUZIN,
carriage over cable programming networks and pay-per-view systems. DENNIS E. ECKART,
including the economic causes and the economic and social conse- THOMAS J. MANTON,
quences of such trends. RALPH M. HALL,
• (b) REPORT ON STUDY.—The Federal Communications Commis• • CLAUDE HARRIS,
sion shall, on or before July 1, 1998, and July 1, 19.94, submit an Provided that Mr. Ritter is appointed in place of Mr.
• interim and a final report, respectively, on the results of the study Fields for consideration of so much of section 16 of the
required by subsection (a) to the Committee on Energy and Com- Senate bill as would add a new section 614(g) of the Com-
merce of the House of Representatives and the Committee on Com- municatione Act of 1934 and so much of section 5 of the
merce, Science, and Transportation of the Senate. Such reports shall House amendment as would add a new section 614(f)to the
include a statement of the results, on a sport-by-sport basis, of the Communications Act of 1934.
analysis of the trends required by subsection (a)and such legislative Managers on the Part of the House.
or regulatory recommendations as the Commission considers appro-
priate. ERN66r F. HOLLINGS,
(C)ANALYSIS OF PRECLUSIVE CONTRACTS REQUIRED.— DANiEL K. INOUYE,
(1 I ANALYSIS REQUIRED.—In conducting the study required WENDELL FORD,
by subsection (a), the Commission shall analyze the extent to • JOHN C. DANFORTH,
which preclusive contracts between college athletic conferences Managers on the Part of the Senate.
•
and video programming vendors have artificially and unfairly
restricted the supply of the sporting events of local colleges for
broadcast on local television stations. In conducting such analy-
sis, the Commission shall consult with the Attorney General to
determine whether and to what extent such preclusive contracts
are prohibited by existing statutes. The reports required by sub •
-
section (b)shall include separate statements of the results of the
analysis required by this subsection, together with such recom•
• - mendations for. legislation as the Commission considers neces-
sary and appropriate.
(2) DEFINITION.—For purposes of the subsection, the term •
"preclusive contract"includes any contract that,prohibits—
(A) the live broadcast by a local television station of a
sporting event of a local college team that is not carried, on •
a live basis, by any cable system within the local communi-
ty served by such local television station;or
IA) the delayed broadcast by a local television station
of a sporting event of a local college team that is not car-
vied, on a live or delayed basis, by any cable system within
the local community served by such local television station.
l
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