47 U.S.C. § 531 | Cable channels for public, educational, or governmental use

(a)

Authority to establish requirements with respect to designation or use of channel capacity

A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section.

(b)

Authority to require designation for public, educational, or governmental use

section 546 of this titleA franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator’s proposal for a franchise renewal, subject to , that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section.

(c)

Enforcement authority

A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b).

(d)

Promulgation of rules and procedures

In the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe—

(1)

rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated, and

(2)

rules and procedures under which such permitted use shall cease.

(e)

Editorial control by cable operator

section 544(d) of this titleSubject to , a cable operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this section, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity.

(f)

“Institutional network” defined

For purposes of this section, the term “institutional network” means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers.

June 19, 1934, ch. 652 Pub. L. 98–549, § 2Oct. 30, 198498 Stat. 2782 Pub. L. 104–104, title V, § 506(a)Feb. 8, 1996110 Stat. 136(, title VI, § 611, as added , , ; , , .)

Editorial Notes

Amendments

Pub. L. 104–1041996—Subsec. (e). inserted before period at end “, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity”.

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 30, 1984section 9(a) of Pub. L. 98–549 section 521 of this titleSection effective 60 days after , except where otherwise expressly provided, see , set out as a note under .

Regulations

Pub. L. 102–385, § 10(c)Oct. 5, 1992106 Stat. 1486

Oct. 5, 1992“Within 180 days following the date of the enactment of this Act [], the Federal Communications Commission shall promulgate such regulations as may be necessary to enable a cable operator of a cable system to prohibit the use, on such system, of any channel capacity of any public, educational, or governmental access facility for any programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct.”

, , , provided that: