47 U.S.C. § 544 | Regulation of services, facilities, and equipment

(a)

Regulation by franchising authority

Any franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this subchapter.

(b)

Requests for proposals; establishment and enforcement of requirements

In the case of any franchise granted after the effective date of this subchapter, the franchising authority, to the extent related to the establishment or operation of a cable system—

(1)

section 546 of this title in its request for proposals for a franchise (including requests for renewal proposals, subject to ), may establish requirements for facilities and equipment, but may not, except as provided in subsection (h), establish requirements for video programming or other information services; and

(2)

section 545 of this title subject to , may enforce any requirements contained within the franchise—

(A)

for facilities and equipment; and

(B)

for broad categories of video programming or other services.

(c)

Enforcement authority respecting franchises effective under prior law

section 545 of this titleIn the case of any franchise in effect on the effective date of this subchapter, the franchising authority may, subject to , enforce requirements contained within the franchise for the provision of services, facilities, and equipment, whether or not related to the establishment or operation of a cable system.

(d)

Cable service unprotected by Constitution; blockage of premium channel upon request

(1)

Nothing in this subchapter shall be construed as prohibiting a franchising authority and a cable operator from specifying, in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions, if such cable services are obscene or are otherwise unprotected by the Constitution of the United States.

(2)

1 So in original.

In order to restrict the viewing of of of  programming which is obscene or indecent, upon the request of a subscriber, a cable operator shall provide (by sale or lease) a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber.

(3)

(A)

If a cable operator provides a premium channel without charge to cable subscribers who do not subscribe to such premium channel, the cable operator shall, not later than 30 days before such premium channel is provided without charge—

(i)

notify all cable subscribers that the cable operator plans to provide a premium channel without charge;

(ii)

notify all cable subscribers when the cable operator plans to offer a premium channel without charge;

(iii)

notify all cable subscribers that they have a right to request that the channel carrying the premium channel be blocked; and

(iv)

block the channel carrying the premium channel upon the request of a subscriber.

(B)

For the purpose of this section, the term “premium channel” shall mean any pay service offered on a per channel or per program basis, which offers movies rated by the Motion Picture Association of America as X, NC–17, or R.

(e)

Technical standards

October 5, 1992Within one year after , the Commission shall prescribe regulations which establish minimum technical standards relating to cable systems’ technical operation and signal quality. The Commission shall update such standards periodically to reflect improvements in technology. No State or franchising authority may prohibit, condition, or restrict a cable system’s use of any type of subscriber equipment or any transmission technology.

(f)

Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions

(1)

Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter.

(2)

Paragraph (1) shall not apply to—

(A)

September 21, 1983 any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on , or (ii) may be amended after such date if the rule, regulation, or order as amended is not inconsistent with the express provisions of this subchapter; and

(B)

any rule, regulation, or order under title 17.

(g)

Access to emergency information

Notwithstanding any such rule, regulation, or order, each cable operator shall comply with such standards as the Commission shall prescribe to ensure that viewers of video programming on cable systems are afforded the same emergency information as is afforded by the emergency broadcasting system pursuant to Commission regulations in subpart G of part 73, title 47, Code of Federal Regulations.

(h)

Notice of changes in and comments on services

A franchising authority may require a cable operator to do any one or more of the following:

(1)

Provide 30 days’ advance written notice of any change in channel assignment or in the video programming service provided over any such channel.

(2)

Inform subscribers, via written notice, that comments on programming and channel position changes are being recorded by a designated office of the franchising authority.

(i)

Disposition of cable upon termination of service

October 5, 1992Within 120 days after , the Commission shall prescribe rules concerning the disposition, after a subscriber to a cable system terminates service, of any cable installed by the cable operator within the premises of such subscriber.

June 19, 1934, ch. 652 Pub. L. 98–549, § 2Oct. 30, 198498 Stat. 2789 Pub. L. 102–385Oct. 5, 1992106 Stat. 1490 Pub. L. 103–414, title IIIOct. 25, 1994108 Stat. 4295 Pub. L. 104–104, title III, § 301(e)Feb. 8, 1996110 Stat. 116(, title VI, § 624, as added , , ; amended , §§ 15, 16, , ; , §§ 303(a)(23), 304(a)(12), , , 4297; , , .)

Editorial Notes

References in Text

Oct. 30, 1984section 9(a) of Pub. L. 98–549 section 521 of this titleFor “the effective date of this subchapter”, referred to in subsecs. (b) and (c), as 60 days after , except where otherwise expressly provided, see , set out as an Effective Date note under .

Amendments

Pub. L. 104–1041996—Subsec. (e). substituted “No State or franchising authority may prohibit, condition, or restrict a cable system’s use of any type of subscriber equipment or any transmission technology.” for “A franchising authority may require as part of a franchise (including a modification, renewal, or transfer thereof) provisions for the enforcement of the standards prescribed under this subsection. A franchising authority may apply to the Commission for a waiver to impose standards that are more stringent than the standards prescribed by the Commission under this subsection.”

Pub. L. 103–414, § 304(a)(12)1994—Subsec. (d)(2). , struck out designation “(A)”, inserted “of” after “restrict the viewing”, and struck out subpar. (B) which read as follows: “Subparagraph (A) shall take effect 180 days after the effective date of this subchapter.”

Pub. L. 103–414, § 303(a)(23), inserted “of” after “restrict the viewing” in subpar. (A).

Pub. L. 102–385, § 16(c)(1)1992—Subsec. (b)(1). , inserted “, except as provided in subsection (h),” after “but may not”.

Pub. L. 102–385, § 15Subsec. (d)(3). , added par. (3).

Pub. L. 102–385, § 16(a)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Commission may establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise.”

Pub. L. 102–385, § 16(b)Subsec. (g). , added subsec. (g).

Pub. L. 102–385, § 16(c)(2)Subsec. (h). , added subsec. (h).

Pub. L. 102–385, § 16(d)Subsec. (i). , added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–385Oct. 5, 1992section 28 of Pub. L. 102–385 section 325 of this titleAmendment by effective 60 days after , see , set out as a note under .

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 .

Restoration, Retierment and Repricing of Service Previously Eliminated, Retiered, or Repriced

Sept. 26, 1984section 9(b) of Pub. L. 98–549 section 543 of this titleSection not to be construed to allow a franchising authority, or a State or political subdivision thereof, to require a cable operator to restore, retier or reprice cable service previously eliminated, retiered, or repriced as of , see , set out as a note under .