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S 12 - 102

Cable Television Consumer Protection and Competition Act of 1992

Became Public Law No: 102-385.

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Summary

48 Conference report filed in House Apr 18, 2002

Cable Television Consumer Protection and Competition Act of 1992 - Amends the Communications Act of 1934 to prohibit a Federal agency or a State from regulating the rates for the provision of cable service, except as provided under the Act. Authorizes a cable television (TV) franchising authority to regulate such rates, but only as provided under the Act. Bars a Federal agency, State, or franchising authority from regulating the rates for cable service of a cable system that is owned or operated by a local government or franchising authority within whose jurisdiction that system is located and that is the only cable system located within such jurisdiction. Specifies that if the Federal Communications Commission (FCC) finds that a cable system is: (1) subject to effective competition, the rates for the provision of cable service by such system shall not be subject to regulation by the FCC or by a State or franchising authority under the Act; and (2) not subject to effective competition, the rates for the provision of basic cable and cable programming services shall be subject to regulation by a franchising authority or the FCC, or solely by the FCC, respectively. Requires a franchising authority that seeks to exercise regulatory jurisdiction to file with the FCC a written certification that: (1) such authority will adopt and administer regulations with respect to the rates subject to regulation that are consistent with FCC-prescribed regulations, and has the legal authority to adopt and the personnel to administer such regulations; and (2) procedural laws and regulations applicable to rate regulatory proceedings by such authority provide a reasonable opportunity for consideration of the views of interested parties. Sets forth provisions regarding: (1) FCC approval of such certifications; (2) revocation of jurisdiction of such authority; and (3) the exercise of jurisdiction by the FCC if it disapproves a franchising authority's certification or revokes such authority's jurisdiction. Directs the FCC to ensure that the rates for the basic service tier are reasonable and to prescribe regulations to carry out such obligation. Requires such regulations to include standards to: (1) establish the price or rate for equipment used by subscribers to receive the basic service tier; and (2) identify costs attributable to satisfying franchise requirements to support public, educational, and governmental channels. Provides that certain procedures prescribed by the FCC shall require cable operators to provide advance notice to a franchising authority of any increase proposed in the price for the basic service tier. Requires each cable operator to offer its subscribers a separately available basic service tier to which the minimum rates shall apply and to which subscription is required for access to all other tiers of service. Mandates that such basic service tier include: (1) any public, educational, and governmental access programming required by the franchise of the cable system; and (2) any signal of any broadcast station that is provided by the cable operator to any subscriber, except a signal secondarily transmitted by a satellite carrier beyond the local service area. Permits a cable operator to add additional video programming signals or services to the basic service tier. Prohibits (with exceptions) a cable operator from: (1) requiring the subscription to any tier other than the basic service tier as a condition of access to cable programming offered on a per channel or per program basis; or (2) discriminating between subscribers to the basic service tier and other subscribers with respect to rates charged for video programming offered on a per channel or per program basis. Directs the FCC to establish: (1) criteria for identifying rates for cable programming services that are unreasonable; (2) fair and expeditious procedures for the receipt, consideration, and resolution of complaints alleging that a rate for cable programming services violates the criteria established; and (3) the procedures to be used to reduce rates determined by the FCC to be unreasonable and to refund such portion of the rates or charges that were paid by subscribers after the filing of such complaint that are determined to be unreasonable. Outlines factors to be considered in determining the reasonableness of such rates and limits complaints permitted concerning rates existing before the effective date of such regulations. Requires a cable operator to have a uniform rate structure throughout the geographic area in which cable service is provided. Prohibits discrimination among customers of basic service, except that no Federal agency, State, or franchising authority may prohibit a cable operator from offering reasonable discounts to senior citizens or other economically disadvantaged group discounts. Bars a cable operator from charging a subscriber for any service or equipment that the subscriber has not affirmatively requested. Directs the FCC to: (1) require cable operators to file certain financial information annually with the FCC; (2) establish standards, guidelines, and procedures to prevent evasions of requirements of the Act; (3) design its regulations to reduce the administrative burdens and cost of compliance for cable systems that have 1,000 or fewer subscribers; and (4) publish annual statistical reports on the average rates for basic service and other cable programming, and for converter boxes, remote control units, and other equipment of cable systems that the FCC has found are subject to effective competition compared with those that are found not subject to such effective competition. Makes provisions of the Act (and regulations thereunder) inapplicable to a cable system during the term of an agreement by a cable operator with a franchising authority that was entered into before July 1, 1990, and that authorizes such authority to regulate the rates of such system for basic cable service, if there was not effective competition pursuant to FCC rules in effect on such date. Requires cable operators to carry the signals of all local commercial TV stations (LCTS) and qualified low power stations in accordance with the following provisions: (1) cable operators with 12 or fewer usable activated channels must carry a minimum of three LCTS, while those with more than 12 must carry the signals of LCTS up to one-third of the aggregate number of usable activated channels of the cable system; (2) whenever the number of LCTS exceeds the maximum number of signals a cable system is required to carry, such operator shall have discretion in selecting which such stations shall be carried on its system, with exceptions; (3) cable operators must carry in its entirety the primary video and audio transmission and line 21 closed-caption transmission of the LCTS carried; (4) signals of an LCTS must be carried by the cable operator without material degradation; (5) duplicate LCTS need not be carried by a participating cable operator; (6) each signal carried in fulfillment of the carriage obligations of a cable operator shall be carried on the cable system channel number on which the LCTS is broadcast over the air, or on the channel on which it was carried on January 1, 1992, at the election of the station, or on such other channel number as is mutually agreed upon by the station and the cable operator (with disputes regarding LCTS positioning resolved by the FCC); (7) signals carried in fulfillment of the cable operator's requirements shall be provided to every subscriber of a cable system; (8) a cable operator shall identify upon request those signals carried in fulfillment of its requirements; and (9) a cable operator shall provide written notice to an LCTS that such channel is being repositioned or deleted. Prohibits a cable operator from accepting or requesting monetary payment or other valuable consideration in exchange for carriage of LCTS under these provisions, except for certain administrative costs. Provides that if there are not sufficient signals of full power LCTS to fill the channels set aside, a cable operator with a system capacity of 35 or fewer usable activated channels shall be required to carry one qualified low power station (two stations for operators exceeding such capacity). Outlines remedies and procedures available to an LCTS when it believes that a cable system has failed to meet such requirements, requiring the cable operator to be notified of the allegation, to respond to such allegation, review by the FCC of such complaint, and remedial actions to be taken by the cable operator upon a finding of noncompliance with such requirements. Abolishes rules requiring cable operators to provide, or provide information to subscribers on, input selector switches or comparable devices. Directs the FCC to issue regulations regarding the carriage of local commercial TV signals. Specifies that pending the FCC inquiry on sales presentations, nothing in the Act shall require a cable operator to carry on any tier, or prohibit a cable operator from carrying on any tier, the signal of any commercial TV station or video programming service that is predominantly utilized for the transmission of sales presentations or program length commercials. Directs the FCC to commence an inquiry to determine whether broadcast stations whose programming consists predominantly of sales presentations or program length commercials are serving the public interest. Requires the FCC, if arriving upon a negative determination, to allow the licensees of such station a reasonable period to provide different programming, without a denial of renewal expectancy based solely upon such prior programming. Authorizes the FCC: (1) with respect to a particular TV broadcast station, to include additional communities within its TV market or exclude communities from such station's TV market to better effectuate the purpose of the Act; and (2) in considering such requests, to determine that particular communities are part of more than one TV market. Directs the FCC to: (1) afford particular attention to the value of localism by taking specified factors into account; and (2) provide for expedited consideration of such requests. Bars a cable operator from deleting from carriage the signal of a commercial TV station during the pendency of any proceeding pursuant to such provisions. Directs each cable operator to carry the signals of a specified number of qualified noncommercial educational TV stations (QNETS) (defined as a TV broadcast station which: (1) under FCC rules and regulations in effect on March 29, 1990, is licensed by the FCC as a noncommercial educational TV broadcast station, which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and (2) has as its licensee an entity which is eligible to receive a community service grant (or any successor grant) from the Corporation for Public Broadcasting (or any successor organization) on the basis of a specified formula, or is owned and operated by a municipality, and transmits predominantly noncommercial programs for educational purposes), such number increasing with the number of usable activated channels offered by the cable system (ranging from one for a system with 12 or fewer activated channels to three for a system with more than 36 usable activated channels). Requires a cable system with 13 to 36 activated channels to carry at least one QNETS. Provides that duplication of affiliates of State public TV networks is not required of a cable operator. Requires each cable operator to retransmit in its entirety the primary video and audio and line 21 closed-caption transmission of each QNETS carried on its system, as well as material necessary for the receipt of such programming by handicapped persons or for educational or language purposes. Outlines other signal carriage requirements required of a cable operator with regard to QNETS, including: (1) signal integrity; (2) channel assignments (requiring notice if a QNETS is repositioned by a cable operator); and (3) signal quality responsibilities of the QNETS. Prohibits a cable operator from accepting monetary payments or other valuable consideration (except for signal quality costs) in exchange for the carriage of a QNETS. Exempts a cable operator from being required to carry a QNETS without indemnification where the payment of increased copyright costs for a distant signal would be required of such cable operator. Outlines remedies available to a qualified local noncommercial educational TV station when it believes that a cable operator has failed to meet carriage requirements, requiring the cable operator to be notified of the allegation, a response from the cable operator, and review of such complaint by the FCC. Requires a cable operator to identify upon request those signals carried in fulfillment of its requirements. Prohibits a cable system or multichannel video programming distributor (MVPD), beginning one year after enactment of this Act, from retransmitting any part of the signal of a broadcast station without the express authority of the originating station or except in the case of a station asserting the right to carriage. Provides exceptions to such prohibition for certain retransmitted signals. Requires the FCC to establish regulations governing the exercise by TV broadcast stations of the right to grant retransmission consent and of the right to signal carriage. Requires the FCC in such regulations to consider the impact that the grant of retransmission consent may have on the rates for the basic service tier and to ensure that such rates are reasonable. Requires TV stations, under such regulations, to elect between the right to grant retransmission authority and the right to signal carriage. Makes such election applicable to all cable systems within the same geographic area. Prohibits a cable television franchising authority from granting an exclusive franchise or unreasonably refusing to award additional cable television franchises. Requires a franchising authority, in awarding a franchise, to allow the applicant's cable system a reasonable opportunity to become capable of providing service to all households in the franchise area. Provides that nothing in this Act shall be construed to: (1) prohibit local authorities affiliated with a franchising authority from operating as MVPDs in the franchise area; or (2) require such authorities to secure a franchise to operate as a MVPD. Authorizes a franchising authority to enforce (currently, to require as part of a franchise, or for franchise renewal, enforcement of): (1) customer service requirements of the cable operator; and (2) construction schedules and other construction-related requirements. Directs the FCC to establish standards by which cable operators may fulfill their customer service requirements, which shall govern: (1) cable system office hours and telephone availability; (2) installations, outages, and service calls; and (3) communications between the cable operator and the subscriber (including bills and refunds). Specifies that nothing in the Act shall be construed to: (1) prohibit any State or franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted by the Act; (2) preclude a franchising authority and a cable operator from agreeing to customer service requirements that exceed FCC standards; or (3) prevent the establishment or enforcement of any municipal law or regulation, or any State law, concerning customer service that imposes customer service requirements that exceed FCC standards, or that addresses matters not addressed by FCC standards. Authorizes the FCC to: (1) determine the maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; (2) establish reasonable terms and conditions for such use; and (3) establish procedures for the expedited resolution of disputes concerning rates or carriage. Directs a cable operator required to designate channel capacity for commercial use to use any such channel capacity for programming from a qualified minority programming or educational programming source. Limits to 33 percent of total capacity the channel capacity allowed for such programming. Makes programming already provided over a cable system on July 1, 1990, ineligible to qualify as minority or educational programming under this provision. Authorizes cable operators to enforce prospectively a written and published policy of prohibiting programming that the operator reasonably believes describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards. Directs the FCC to promulgate regulations to limit the access of children to indecent programming as defined by FCC regulations and which cable operators have not voluntarily prohibited. Directs the FCC to promulgate regulations to enable a cable operator to prohibit the use on its system of channel capacity of public, educational, or governmental access for programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct. Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Provides that nothing in the Act shall be construed to prevent any State or franchising authority from prohibiting the ownership or control of a cable system in a jurisdiction by any person: (1) because of such person's ownership or control of any other cable system in such jurisdiction; or (2) in circumstances in which the State or franchising authority determines that the acquisition of a cable system may eliminate or reduce competition in the delivery of service in such jurisdiction. Directs the FCC to conduct a proceeding to: (1) prescribe rules establishing reasonable limits on the number of cable subscribers a person is authorized to reach through cable systems in which the person has an attributable interest; (2) prescribe rules establishing reasonable limits on the number of channels on a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest; and (3) consider the necessity of imposing limitations on the degree to which MVPDs may engage in the creation or production of video programming. Requires the FCC to establish regulations governing program carriage agreements and related practices between cable operators or other MVPDs and video programming vendors (defined as persons engaged in the production, creation, or wholesale distribution of a video programming service for sale). Specifies prohibitions to be included in such regulations relating to discrimination, conflicting financial interests, exclusivity, cost recovery, expedited review, and appropriate penalties. Prohibits a cable operator from selling a cable system for three years after its acquisition. Provides for the treatment of multiple transfers of systems. Provides exceptions to such regulation and allows the FCC to waive such requirement in the public interest. Limits to 120 days a franchising authority's power to disapprove the sale of a cable system by an operator who has held such system for three years. Authorizes each cable operator to identify, on a separate line on each bill sent to a subscriber, the amount of the total bill assessed: (1) for franchise fees; (2) to satisfy public, educational, or governmental channel carriage requirements; and (3) for fees, taxes, or other government charges imposed on the transaction between the operator and the subscriber. Directs cable operators to notify subscribers of plans to offer a premium channel without charge and to block such channel upon a subscriber's request. Defines "premium channel" as a pay service which offers movies rated X, NC-17, or R by the Motion Picture Association. Requires each cable operator to comply with such standards as the FCC 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. Directs the FCC to establish minimum technical standards relating to the cable systems' technical operation and signal quality, and periodically update such standards to reflect improvements in technology. Permits a franchising authority to require as part of a franchise provisions for the enforcement of such standards and to apply to the FCC for a waiver to impose standards that are more stringent than the FCC standards. (Current law permits the FCC to establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise.) Authorizes a franchising authority to require a cable operator to: (1) provide 30 days' advance written notice of any change in channel assignment or in the video programming service provided over any such channel; and (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. Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber. Directs the FCC to: (1) report to the Congress on means of assuring compatibility between TVs and video cassette recorders (VCRs) and cable systems, consistent with the need to prevent theft of cable service, so that cable subscribers will be able to enjoy the full benefit of both the programming available on cable systems and the functions available on their TVs and VCRs; and (2) issue such regulations as necessary to assure such compatibility. Requires the FCC to determine under what circumstances to permit cable systems to scramble or encrypt signals or to restrict systems in the manner in which they encrypt or scramble signals. Sets forth factors for the FCC to consider, including: (1) the costs and benefits of imposing compatibility requirements on cable operators and TV manufacturers in a manner that will minimize interference with or nullification of the special functions of subscribers' TV receivers or VCRs while providing effective protection against theft or unauthorized reception of cable service; and (2) the need for cable operators to protect the integrity of the signals transmitted by the cable operator against theft or to protect such signals against unauthorized reception. States that any lawful action to revoke a cable operator's franchise for cause shall not be negated by the initiation of renewal proceedings by the cable operator. Prohibits cable operators, satellite cable programming vendors in which such operators have an attributable interest, or satellite broadcast programming vendors from engaging in unfair methods of competition or unfair or deceptive acts the purpose of which is to hinder or prevent any MVPD from providing satellite cable or broadcast programming to subscribers or consumers. Directs the FCC to prescribe regulations to specify prohibited conduct with respect to such programming. Sets forth factors to be considered in determining whether an exclusive contract for satellite cable or broadcast programming between a cable operator and a programming vendor in which the operator has an attributable interest is in the public interest. Terminates the prohibition on exclusive contracts ten years after this Act's enactment date unless the FCC finds such prohibition necessary to protect competition and diversity in the distribution of video programming. Provides for the commencement of adjudicatory proceedings by MVPDs aggrieved by violations of regulations. Makes regulations inapplicable to contracts that grant exclusive distribution rights with respect to satellite cable programming that were entered into before June 1, 1990, except for prohibitions on practices that prevent an MPVD from obtaining programming from a vendor in which an operator has an attributable interest for distribution to persons in areas not served by a cable operator. Provides that such exception shall not apply to renewals of such contracts. Increases penalties for theft of cable service. Defines for purposes of customer privacy right provisions (with exceptions): (1) "other service" to include any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and (2) "cable operator" to include any person who is owned or controlled by, or under common ownership or control with, a cable operator, and who provides any wire or radio communications service. Directs the FCC, after notice and opportunity for hearing, to prescribe revisions to rules concerning equal employment opportunity. Requires such revisions to be designed to promote equality of employment opportunities for females and minorities within any corporation, partnership, joint-stock company, or trust engaged primarily in the management or operation of any cable system. Lists specified positions to which such equal opportunity requirements shall apply, ranging from corporate officers to unskilled laborers and service workers. Requires work groups within such cable entities with more than five full-time employees to file with the FCC an annual statistical report identifying by race, sex, and job title the number of employees in each category covered under the equal opportunity requirements. Outlines other report requirements and increases the fines for failure to use best efforts in meeting such equal opportunity requirements. Bars the FCC from revising equal employment opportunity regulations currently applicable to TV broadcast station licensees and permittees. Provides for a midterm review of such licensees' employment practices. Directs the FCC to report to the Congress on the effect and operation of procedures, regulations, policies, standards, and guidelines concerning equal employment opportunity in the cable and broadcasting industries. Provides that any civil action challenging the constitutionality of provisions concerning carriage of local commercial or noncommercial educational TV stations shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding. Limits the liability (to provide only for injunctive and declaratory relief) of franchising authorities with respect to claims arising from the regulation of cable service or from a decision of approval or disapproval concerning a grant, renewal, transfer, or amendment of a franchise. Directs the FCC to: (1) initiate a rulemaking proceeding to impose public interest or other requirements on direct satellite systems providing video programming; and (2) require, as a condition of initial authorization or renewal for a direct broadcast satellite service providing video programming, that the provider of such service reserve between four and seven percent of the channel capacity of such service exclusively for noncommercial programming of an educational or informational nature. Authorizes a provider of direct broadcast satellite service to utilize for any purpose any unused channel capacity pending the use of such channel capacity for noncommercial programming. Directs such providers to meet such requirements by making channel capacity available to national educational programming suppliers. Prohibits such providers from exercising any editorial control over any video programming provided pursuant to such requirements. Requires the FCC to conduct an ongoing study on the carriage of local, regional, and national sports programming by broadcast stations, cable programming networks, and pay-per-view services and report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. Directs the FCC, in conducting such study, to analyze the extent to which preclusive contracts between college athletic conferences and video programming vendors have artificially and unfairly restricted the supply of sporting events of local colleges for broadcast on local television stations. Specifies that nothing in this Act shall be construed to alter or restrict the applicability of any Federal or State antitrust law.

36 Passed House amended Apr 18, 2002

Cable Television Consumer Protection and Competition Act of 1992 - Amends the Communications Act of 1934 to prohibit a Federal agency or a State from regulating the rates for the provision of cable service, except as provided under the Act. Authorizes a cable television (TV) franchising authority to regulate such rates, but only as provided under the Act. Bars a Federal agency, State, or franchising authority from regulating the rates for cable service of a cable system that is owned or operated by a local government or franchising authority within whose jurisdiction that system is located and that is the only cable system located within such jurisdiction. Specifies that if the Federal Communications Commission (FCC) finds that a cable system is: (1) subject to effective competition, the rates for the provision of cable service by such system shall not be subject to regulation by the FCC or by a State or franchising authority under the Act; and (2) not subject to effective competition, the rates for the provision of basic cable and cable programming services shall be subject to regulation by a franchising authority or the FCC, or solely by the FCC, respectively. Requires a franchising authority that seeks to exercise regulatory jurisdiction to file with the FCC a written certification that: (1) such authority will adopt and administer regulations with respect to the rates subject to regulation that are consistent with FCC-prescribed regulations, and has the legal authority to adopt and the personnel to administer such regulations; and (2) procedural laws and regulations applicable to rate regulatory proceedings by such authority provide a reasonable opportunity for consideration of the views of interested parties. Sets forth provisions regarding: (1) FCC approval of such certifications; (2) revocation of jurisdiction of such authority; and (3) the exercise of jurisdiction by the FCC if it disapproves a franchising authority's certification or revokes such authority's jurisdiction. Directs the FCC to establish: (1) formulas to set the maximum price of basic tier service and the price for installation and lease of equipment necessary for subscribers to receive such service, and to identify and allocate costs attributable to satisfying franchise requirements to support public, educational, and governmental channels; (2) additional standards and guidelines to implement regulations prescribed by the FCC; and (3) effective dates for compliance with such formulas, standards, and guidelines. Provides that certain procedures prescribed by the FCC shall require cable operators to provide advance notice to a franchising authority of any increase of more than five percent proposed in the price for the basic service tier. Requires each cable operator to offer its subscribers a separately available basic service tier to which the minimum rates shall apply and to which subscription is required for access to all other tiers of service. Mandates that such basic service tier include: (1) any public, educational, and governmental access programming required by the franchise of the cable system; and (2) any signal of any broadcast station that is provided by the cable operator to any subscriber. Permits a cable operator to add additional video programming signals or services to the basic service tier. Prohibits (with exceptions) a cable operator from: (1) requiring the subscription to any tier other than the basic service tier as a condition of access to cable programming offered on a per channel or per program basis; or (2) discriminating between subscribers to the basic service tier and other subscribers with respect to rates charged for video programming offered on a per channel or per program basis. Directs the FCC to: (1) initiate a proceeding to consider the benefits to consumers of, whether the cable operators or consumers are being (or would be) forced to incur unreasonable costs for complying with, and the effect on the provision of diverse programming sources to cable subscribers of, such prohibitions; and (2) take specified action if the FCC determines that such prohibitions impose unreasonable costs on cable operators or cable subscribers. Permits each cable operator to identify, in accordance with the formulas required by the Act, as a separate line item on each regular bill of each subscriber: (1) the amount of the total bill assessed as a franchise fee and the identity of the authority to which the fee is paid; (2) the amount of the total bill assessed to satisfy any requirements imposed on the operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels; and (3) any other fee, tax, assessment, or charge imposed on the transaction between the operator and the subscriber. Directs the FCC to establish: (1) criteria for identifying rates for cable programming services that are unreasonable; (2) fair and expeditious procedures for the receipt, consideration, and resolution of complaints alleging that a rate for cable programming services violates the criteria established; and (3) the procedures to be used to reduce rates determined by the FCC to be unreasonable and to refund such portion of the rates or charges that were paid by subscribers after the filing of such complaint that are determined to be unreasonable. Outlines factors to be considered in determining the reasonableness of such rates and limits complaints permitted concerning rates existing before the effective date of such regulations. Authorizes a State or franchising authority to regulate any per-program rates charged by a cable operator for any video programming that consists of the national championship game or games between professional teams in baseball, basketball, football, or hockey. Prohibits discrimination among customers of basic service, except that no Federal agency, State, or franchising authority may prohibit a cable operator from offering reasonable discounts to senior citizens or other economically disadvantaged group discounts. Bars a cable operator from charging a subscriber for any individually-priced channel of video programming or for any pay-per-view video programming that the subscriber has not affirmatively requested. Directs the FCC to: (1) require cable systems to file certain financial information annually with the FCC (and requires a report from the FCC to the Congress); (2) establish standards, guidelines, and procedures to prevent evasion of rates, services, and other requirements of the Act; (3) design its regulations to reduce the administrative burdens and cost of compliance for cable systems that have 1,000 or fewer subscribers; and (4) publish quarterly statistical reports on the average rates for basic service and other cable programming, and for converter boxes, remote control units, and other equipment of cable systems that the FCC has found are subject to effective competition compared with those that are found not subject to such effective competition. Makes provisions of the Act (and regulations thereunder) inapplicable to a cable system during the term of an agreement by a cable operator with a franchising authority that was entered into before July 1, 1990, and that authorizes such authority to regulate the rates of such system for basic cable service, if there was not effective competition pursuant to FCC rules in effect on such date. Prohibits a franchising authority from granting an exclusive franchise, or unreasonably refusing to award additional franchises because of the previous award of a franchise to another cable operator. Specifies that nothing in the Act shall be construed to: (1) prohibit a local or municipal authority that is, or is affiliated with, a franchising authority from operating as a multichannel video programming distributor (MVPD) in the geographic areas within the jurisdiction of such franchising authority; or (2) require such local or municipal authority to secure a franchise to operate as a MVPD. Bars any State or franchising authority from prohibiting the ownership or control of a cable system by any person because of such person's ownership or control of any other media (currently, any media) of mass communications or other media interests (but specifies that such provision shall not be construed to prevent any State or franchising authority from prohibiting the ownership or control of a cable system in a jurisdiction by any person: (1) because of such person's ownership or control of any other cable system in such jurisdiction; or (2) in circumstances in which the State or franchising authority determines that the acquisition of such a system may eliminate or reduce competition in the delivery of cable service in such jurisdiction). Allows a common carrier to provide multiple channels of communication to an entity pursuant to a lease agreement under which the carrier retains (consistent with the Act) an option to purchase such entity upon the taking effect of an amendment to the Act that permits common carriers generally to provide video programming directly to subscribers in such carrier's telephone service area. Requires cable operators that provide basic tier service to carry the signals of all local commercial TV stations (LCTS) in accordance with the following provisions: (1) cable operators with 12 or fewer usable activated channels must carry a minimum of three LCTS, while those with more than 12 must carry the signals of LCTS up to one-third of the aggregate number of usable activated channels of the cable system; (2) whenever the number of LCTS exceeds the maximum number of signals a cable system is required to carry, such operator shall have discretion in selecting which such stations shall be carried on its system, with exceptions; (3) cable operators must carry in its entirety the primary video and audio transmission and line 21 closed-caption transmission of the LCTS carried; (4) signals of an LCTS must be carried by the cable operator without material degradation; (5) duplicate LCTS need not be carried by a participating cable operator; (6) each signal carried in fulfillment of the carriage obligations of a cable operator shall be carried on the cable system channel number on which the LCTS is broadcast over the air, or on the channel on which it was carried on January 1, 1992, at the election of the station, or on such other channel number as is mutually agreed upon by the station and the cable operator (with disputes regarding LCTS positioning resolved by the FCC); (7) signals carried in fulfillment of the cable operator's requirements shall be provided to every subscriber of a cable system; (8) a participating cable operator shall identify upon request those signals carried in fulfillment of its requirements; and (9) a cable operator shall provide written notice to an LCTS that such channel is being repositioned or deleted. Prohibits a cable operator from accepting or requesting monetary payment or other valuable consideration in exchange for carriage of LCTS under these provisions, except for certain administrative costs. Outlines remedies and procedures available to an LCTS when it believes that a cable system has failed to meet such requirements, requiring the cable operator to be notified of the allegation, to respond to such allegation, review by the FCC of such complaint, and remedial actions to be taken by the cable operator upon a finding of noncompliance with such requirements. Abolishes rules requiring cable operators to provide, or provide information to subscribers on, input selector switches or comparable devices. Directs the FCC to issue regulations regarding the carriage of local commercial TV signals. Specifies that nothing in the Act shall: (1) require a cable operator to carry on any tier, or prohibit a cable operator from carrying on any tier, the signal of any commercial TV station or video programming service that is predominantly utilized for the transmission of sales presentations or program length commercials; and (2) be construed to modify or otherwise affect title 17 of the United States Code (copyright provisions). Specifies that, if a TV broadcast station determined by the FCC to be a commercial station, licensed and operating on a channel regularly assigned to its community by the FCC that, with respect to a particular cable system, is within the same TV market as the cable system and would be considered a distant signal under title 17, it shall be deemed to be a local commercial TV station for purposes of the Act upon agreement to indemnify the cable operator for the increased copyright liability as a result of being carried on the system. Authorizes the FCC: (1) with respect to a particular TV broadcast station, to include additional communities within its TV market or exclude communities from such station's TV market to better effectuate the purpose of the Act; and (2) in considering such requests, to determine that particular communities are part of more than one TV market. Directs the FCC to: (1) afford particular attention to the value of localism by taking specified factors into account; and (2) provide for expedited consideration of such requests. Bars a cable operator from deleting from carriage the signal of a commercial TV station during the pendency of any proceeding pursuant to such provisions. Directs each cable operator to carry the signals of a specified number of qualified noncommercial educational TV stations (QNETS) (defined as a TV broadcast station which: (1) under FCC rules and regulations in effect on March 29, 1990, is licensed by the FCC as a noncommercial educational TV broadcast station, which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and (2) has as its licensee an entity which is eligible to receive a community service grant (or any successor grant) from the Corporation for Public Broadcasting (or any successor organization) on the basis of a specified formula, or is owned and operated by a municipality, and transmits predominantly noncommercial programs for educational purposes), such number increasing with the number of usable activated channels offered by the cable system (ranging from one for a system with 12 or fewer activated channels to three for a system with more than 36 usable activated channels). Requires a cable system with 13 to 36 activated channels to carry at least one QNETS. Provides that duplication of affiliates of State public TV networks is not required of a cable operator. Requires each cable operator to carry in its entirety the primary video and audio and line 21 closed-caption transmission of each QNETS carried on its system, as well as material necessary for the receipt of such programming by handicapped persons or for educational or language purposes. Outlines other signal carriage requirements required of a cable operator with regard to QNETS, including: (1) signal integrity; (2) channel assignments (requiring notice if a QNETS is repositioned by a cable operator); and (3) signal quality responsibilities of the QNETS. Prohibits a cable operator from accepting monetary payments or other valuable consideration (except for signal quality costs) in exchange for the carriage of a QNETS. Exempts a cable operator from being required to carry a QNETS without reimbursement where the payment of copyright charges as a distant signal would be required of such cable operator. Outlines remedies available to a qualified local noncommercial educational TV station when it believes that a cable operator has failed to meet carriage requirements, requiring the cable operator to be notified of the allegation, a response from the cable operator, and review of such complaint by the FCC. Requires a cable operator to identify upon request those signals carried in fulfillment of its requirements. Authorizes a franchising authority to enforce (currently, to require as part of a franchise, or for franchise renewal, enforcement of): (1) customer service requirements of the cable operator; and (2) construction schedules and other construction-related requirements. Directs the FCC to establish standards by which cable operators may fulfill their customer service requirements, which shall govern: (1) cable system office hours and telephone availability; (2) installations, outages, and service calls; and (3) communications between the cable operator and the subscriber (including bills and refunds). Specifies that nothing in the Act shall be construed to: (1) prohibit any State or franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted by the Act; (2) preclude a franchising authority and a cable operator from agreeing to customer service requirements that exceed FCC standards; or (3) prevent the establishment or enforcement of any municipal law or regulation, or any State law, concerning customer service that imposes customer service requirements that exceed FCC standards, or that addresses matters not addressed by FCC standards. Defines for purposes of customer privacy right provisions (with exceptions): (1) "other service" to include any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and (2) "cable operator" to include any person who is owned or controlled by, or under common ownership or control with, a cable operator, and who provides any wire or radio communications service. Directs the FCC to: (1) report to the Congress on means of assuring compatibility between TVs and video cassette recorders (VCRs) and cable systems, consistent with the need to prevent theft of cable service, so that cable subscribers will be able to enjoy the full benefit of both the programming available on cable systems and the functions available on their TVs and VCRs; (2) issue such regulations as necessary to require the use of interfaces that assure such compatibility; and (3) prescribe such regulations as necessary to increase compatibility between TV receivers equipped with premium functions and features, VCRs, and cable systems. Sets forth: (1) factors for the FCC to consider (including: the costs and benefits of requiring cable operators to adhere to technical standards for scrambling or encryption of video programming in a manner that will minimize interference with or nullification of the special functions of subscribers' TV receivers or VCRs while providing effective protection against theft or unauthorized reception of cable service; the potential for achieving economies of scale by requiring manufacturers of TV receivers to incorporate technologies to achieve such compatibility in all TV receivers; the costs and benefits to consumers of imposing compatibility requirements on cable operators and TV manufacturers; and the need for cable operators to protect the integrity of the signals transmitted by the cable operator against theft or to protect such signals against unauthorized reception); and (2) guidelines with respect to such regulations to be prescribed by the FCC as necessary to establish technical requirements that permit a TV receiver or VCR to be sold as "cable ready"; establish procedures by which manufacturers may certify TV receivers that comply with the technical requirements established in a manner that, at the point of sale, is easily understood by potential purchasers of such receivers; provide appropriate penalties for willful misrepresentations concerning such certifications; promote the commercial availability, from cable operators and retail vendors that are not affiliated with cable systems, of converters and compatible remote control devices; require a cable operator who offers subscribers the option of renting a remote control unit to notify subscribers that they may purchase a commercially available remote control device from any source that sells such devices rather than renting it from the cable operator and specify the types of remote control units that are compatible with the converter box supplied by the cable operator; and prohibit a cable operator from taking any action that prevents or in any way disables the converter box supplied by the cable operator from operating compatibly with commercially available remote control units. Directs the FCC to: (1) periodically review and, if necessary, modify such regulations; (2) adopt standards that are technologically and economically feasible (taking into account the cost and benefit to cable subscribers and purchasers of TV receivers); and (3) establish minimum technical standards relating to the cable systems' technical operation and signal quality, and periodically update such standards to reflect improvements in technology. Permits a franchising authority to require as part of a franchise provisions for the enforcement of such standards and to apply to the FCC for a waiver to impose standards that are more stringent than the FCC standards. (Current law permits the FCC to establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise.) Directs cable operators to notify subscribers of plans to offer a premium channel without charge and to block such channel upon a subscriber's request. Defines "premium channel" as a pay service which offers movies rated X, NR-17, or R by the Motion Picture Association. Requires each cable operator to comply with such standards as the FCC 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. Authorizes a franchising authority to require a cable operator to: (1) provide 30 days advance written notice of any change in channel assignment or in the video programming service provided over any such channel; and (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. Prohibits cable operators or satellite cable programming venders in which such an operator has an attributable interest from engaging in unfair methods of competition or unfair or deceptive acts the purpose of which is to hinder or prevent any MVPD from providing satellite cable programming to subscribers or consumers. Directs the FCC to prescribe regulations to specify prohibited conduct with respect to such programming. Sets forth factors to be considered in determining whether an exclusive contract for satellite cable programming between a cable operator and a programming vendor in which the operator has an attributable interest is in the public interest. Provides for the commencement of adjudicatory proceedings by MVPDs aggrieved by violations of regulations. Makes regulations inapplicable to contracts that grant exclusive distribution rights with respect to satellite cable programming that were entered into before June 1, 1990, except for prohibitions on practices that prevent an MPVD from obtaining programming from a vendor in which an operator has an attributable interest for distribution to persons in areas not served by a cable operator. Provides that such exception shall not apply to renewals of such contracts. Requires the FCC to establish regulations governing program carriage agreements and related practices between cable operators or other MVPDs and video programming vendors (defined as persons engaged in the production, creation, or wholesale distribution of a video programming service for sale). Specifies prohibitions to be included in such regulations relating to discrimination, conflicting financial interests, exclusivity, cost recovery, expedited review, and appropriate penalties. Directs the FCC, after notice and opportunity for hearing, to prescribe revisions to standards and rules concerning equal employment opportunity. Requires such revisions to be designed to promote equality of employment opportunities for females and minorities within any corporation, partnership, joint-stock company, or trust engaged primarily in the management or operation of any cable system. Lists specified positions to which such equal opportunity requirements shall apply, ranging from corporate officers to unskilled laborers and service workers. Requires work groups within such cable entities with more than five full-time employees to file with the FCC an annual statistical report identifying by race, sex, and job title the number of employees in each category covered under the equal opportunity requirements. Outlines other report requirements and increases the fines for failure to use best efforts in meeting such equal opportunity requirements. Directs the FCC to report to the Congress on the effect and operation of procedures, regulations, policies, standards, and guidelines concerning equal employment opportunity in the broadcasting industry. Sets forth requirements regarding the equal employment opportunity obligations of must-carry stations. Requires that equal opportunity in employment be afforded by specified entities (the licensee for any TV broadcasting station that is eligible for carriage under the Act and any corporation, partnership, association, joint-stock company, trust, or affiliate or subsidiary thereof engaged primarily in the management or operation of any such licensee). Bars discrimination in employment by any such entity because of race, color, religion, national origin, age, or sex. Requires any such entity to establish, maintain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employment policies and practices and to promote the hiring of a workforce that reflects the diversity of its community. Sets forth provisions regarding: (1) rulemaking; (2) reporting requirements; (3) enforcement, including annual certifications by the FCC and complaint procedures; and (4) penalties. Directs the FCC to prescribe rules and regulations concerning the disposition of cable installed by the cable operator within the premises of a subscriber after the subscriber terminates cable service. Prohibits a cable operator from selling a cable system for three years after its acquisition. Provides for the treatment of multiple transfers of systems. Provides exceptions to such regulation and allows the FCC to waive such requirement in the public interest. Limits to 120 days a franchising authority's power to disapprove the sale of a cable system by an operator who has held such system for three years. Limits the liability (to provide only for injunctive and declaratory relief) of franchising authorities with respect to claims arising from the regulation of cable service or from a decision of approval or disapproval concerning a grant, renewal, transfer, or amendment of a franchise. Directs the FCC to establish: (1) a formula for determining the maximum rates which a cable operator may establish for commercial use of its cable channels; (2) standards concerning the terms and conditions which may be established, and concerning methods for collection and billing for commercial use of channel capacity made available for such purpose; and (3) procedures for the expedited resolution of disputes concerning rates or carriage under the Act. Allows a cable operator required to designate channel capacity for commercial use to use any such channel capacity for the provision of programming from a qualified minority programming source or from any qualified educational programming source, whether or not such source is affiliated with the cable operator. Limits to 33 percent of overall channel capacity the capacity permitted to be used by such source. Specifies that no programming provided over a cable system on July 1, 1990, may qualify as minority or educational programming on that cable system under this provision. Defines: (1) a "qualified minority programming source" as a source that devotes significantly all of its programming to coverage of minority viewpoints or to programming directed at members of minority groups and that is over 50 percent minority-owned; and (2) a "qualified educational programming source" as a source that devotes significantly all of its programming to educational or instructional programming that promotes understanding of mathematics, the sciences, the humanities, and the arts, and has a documented annual programming expenditure (i.e., all annual costs incurred by the channel originator to produce or acquire programs scheduled to appear on air, excluding marketing, promotion, satellite transmission and operational costs, and general administrative costs) exceeding $15,000,000. Prohibits any cable system in the United States from being owned or otherwise controlled by any alien, foreign representative, or foreign corporation or interest. Makes exceptions for current foreign or alien ownership and in certain cases where such a corporation already owns two or more systems and seeks to add another. Increases the civil and criminal penalties for the unauthorized reception of cable TV service. Directs the FCC to: (1) conduct a rulemaking proceeding to review and report on whether it is necessary or appropriate in the public interest to prohibit or constrain acts and practices that may unreasonably restrict diversity and competition in the market for video programming; (2) initiate such a proceeding to impose public interest or other requirements on direct satellite systems providing video programming that are not regulated as a common carrier; and (3) require, as a condition of initial authorization or renewal for a direct broadcast satellite service providing video programming, that the provider of such service reserve not less than four or more than seven percent of the channel capacity of such service exclusively for noncommercial public service uses. Specifies that: (1) a provider of direct broadcast satellite service may utilize any unused channel capacity designated pursuant to such provisions until the use of such channel capacity is obtained, pursuant to a written agreement, for public service use; and (2) such service provider may recover only the direct costs of transmitting public service programming on the channels reserved under such provisions. Defines "public service uses" to include programming produced by: (1) public telecommunications entities, including that furnished to such entities by independent production services; (2) public or private educational institutions or entities for educational, instructional, or cultural purposes; and (3) any entity to serve the disparate needs of specific communities of interest, including linguistically distinct groups, minority and ethnic groups, and other groups. Establishes a study panel to report to the Congress recommendations on: (1) methods and strategies for promoting the development of programming for transmission over the public use channels; (2) methods and criteria for selecting programming for such channels that avoids conflicts of interest and the exercise of editorial control by the direct broadcast satellite service provider; and (3) existing and potential sources of funding for administrative and production costs for such public use programming. Requires the FCC to: (1) conduct an ongoing study on the carriage of local, regional, and national sports programming by broadcast stations, cable programming networks, and pay-per-view services, and report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation; and (2) initiate an inquiry and rulemaking to examine the feasibility of providing access to network and independent broadcasting station signals to persons who subscribe to direct broadcast satellite service and are unable to receive such signals over the air from a local licensee or from a cable system. Directs the FCC, in conducting such study, to analyze the extent to which preclusive contracts between college athletic conferences and video programming vendors have artifically and unfairly restricted the supply of sporting events of local colleges for broadcast on local television stations. Specifies that nothing in this Act shall be construed to create immunity to any civil or criminal action under Federal or State antitrust law, or to alter or restrict the applicability of any such law.

35 Passed Senate amended Apr 18, 2002

Cable Television Consumer Protection Act of 1992 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act. Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system charges for basic cable service (or charges for changes in service tiers), including the installation or rental of equipment used for the receipt of such basic service, are reasonable. Specifies that: (1) if fewer than 30 percent of all customers of such cable system subscribe only to basic cable service, the FCC shall also ensure that rates are reasonable for the lowest-priced tier of service subscribed to by at least 30 percent of the cable system's customers; and (2) no competing multichannel video programming distributor (MVPD) serving households in a cable community which is owned or controlled by, or affiliated through substantial common ownership with, the cable system in such cable community shall be included in any determination regarding effective competition under this Act. Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review the regulation of cable system rates established by a franchising authority authorized by the FCC. Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days. Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are unreasonable; and (2) criteria for determining that a complaint objecting to such rates and establishing that such rates are unreasonable has been properly filed. Outlines factors for making such determinations. Requires a cable operator to implement a cable service rate structure that is uniform throughout the geographic area in which service is provided. Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national or regional distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Specifies that, for purposes of this Act, any video programmer who licenses video programming for distribution to more than one cable community shall be considered a regional distributor of video programming. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system. Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users. Prohibits a fixed service satellite carrier which provides secondary transmissions of superstation programming to the public for private home viewing from: (1) unreasonably refusing to deal with any distributor of video programming which provides service to home satellite dish subscribers who meet certain licensing requirements; and (2) discriminating in the price, terms, and conditions on the sale of programming among the distributors to qualified home satellite dish owners or between such distributors and other MVPDs. Directs the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programmers which: (1) include provisions designed to prevent a cable operator or other MVPD from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems, to prohibit such operator or MVPD from coercing a video programmer to provide exclusive rights against other MVPDs as a condition of carriage on a system, and to prevent a MVPD from engaging in conduct which unreasonably restrains the ability of an unaffiliated video programmer to compete fairly by discriminating in video programming distribution on the basis of the affiliation or nonaffiliation in the selection, terms, or conditions for carriage of video programmers; (2) provide for expedited review of complaints made by a video programmer pursuant to this Act; (3) provide penalties to be assessed for filing frivolous complaints under this Act; and (4) provide appropriate penalties and remedies for violation of such provisions. States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming. Authorizes the FCC to: (1) determine the maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use. Directs a cable operator required to designate channel capacity for commercial use to use any such channel capacity for programming from a qualified minority programming source unaffiliated with the operator if such programming is not already carried on the cable system. Limits to 33 percent of total capacity the channel capacity allowed for minority programming. Makes programming already provided over a cable system on July 1, 1990, ineligible to qualify as minority programming under this provision. Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest. Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case. Authorizes a franchising authority to establish customer service requirements that exceed standards set by the FCC under this Act, subject to specified limitations. Directs the FCC to: (1) establish customer service standards that ensure that all customers are fairly served; and (2) regularly review such standards and make such modifications as necessary. Authorizes a franchising authority to enforce the standards established by the FCC. States that any lawful action to revoke a cable operator's franchise for cause shall not be negated by the initiation of renewal proceedings by the cable operator. Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible. Provides that, in any court proceeding asserting a violation of First Amendment rights by a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions. Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so. Prohibits a cable system or MVPD, beginning one year after enactment of this provision, from retransmitting any part of the signal of a broadcast station without the express authority of the originating station, with certain exceptions specified later under this Act. Provides exceptions to such prohibition for certain retransmitted signals. Requires the FCC to establish regulations governing the exercise by television broadcast stations of the right to grant retransmission consent and of the right to signal carriage as permitted later under this Act. Requires the FCC in such regulations to consider the impact that the grant of retransmission consent may have on the rates for basic cable service and to ensure that such rates are reasonable. Requires such regulations to be completed within six months after commencement. Requires television stations, under such regulations, to elect between the right to grant retransmission authority and the right to signal carriage. Makes such election applicable to all cable systems within the jurisdiction of any franchising authority. Requires each cable operator to carry the signals of local commercial television stations and qualified low-power stations. Requires a cable operator with 12 or fewer usable activated channels to carry at least three local commercial television stations (LCTSs) unless such cable operator has 300 or fewer subscribers and does not delete from its carriage any signal of a broadcast television station. Requires a cable operator with more than 12 usable activated channels to carry the signals of LCTSs of up to one-third of the aggregate number of usable activated channels of such system. Allows a cable operator discretion in selecting which local broadcast signals shall be carried on its system once the minimum number of LCTSs on its system has been met, with specified conditions. Requires a cable operator to carry in its entirety: (1) the primary video, audio, and closed caption transmission of each of the LCTSs carried on its system, including, when technically feasible, program-related material carried in the vertical blanking interval or on subcarriers; and (2) the program schedule of any television station carried on its system, unless prohibited, and other programming authorized to be substituted. Requires the FCC to adopt carriage standards to ensure that the quality of signal processing and carriage provided by a cable system for the carriage of LCTSs will be no less than that provided for the carriage of any other type of signal. Directs the FCC to initiate a proceeding to establish any changes in signal carriage requirements of cable television systems needed to ensure cable carriage of the broadcast signals of LCTSs which have been changed to conform with modified standards for television broadcast signals. Prohibits requiring a cable operator to: (1) carry the signal of any LCTS that substantially duplicates the signal of another LCTS; or (2) carry the signals of more than one LCTS affiliated with a particular broadcast station. Requires each signal carried in fulfillment of carriage obligations under this Act to be carried on: (1) the cable system channel number on which the LCTS is broadcast over the air; (2) the channel on which it was carried on July 19, 1985 (at the election of the station); or (3) a channel mutually agreed upon by the station and the cable operator. Requires all signals carried by a cable operator to be provided to every subscriber of a cable system. Requires converter boxes, if necessary for viewing all offered channels, to be offered to all subscribers on a sale or lease basis. Requires a cable operator to: (1) identify upon request the signals carried on its system; and (2) provide written notice to a LCTS, at least 30 days in advance, of its intention to either delete from carriage or reposition such station on its system. Prohibits a cable operator from accepting or requesting monetary payment or other valuable consideration in exchange for the carriage of a LCTS in fulfillment of the requirements of this Act except under specified conditions. States that if there are not sufficient signals of full power LCTSs to fill the required number of channels to be carried by a cable operator, then the cable operator shall be required to carry qualified low-power stations until such channels are filled. Requires an LCTS that believes that a cable operator has failed to meet its obligations under these provisions to notify the operator in writing of the alleged failure, with an explanation. Requires the operator to respond to such allegations within 30 days by either commencing to comply with such obligations or notifying the station of its reasons for not doing so. Allows the LCTS to then file a complaint with the FCC if such obligations are refused by the cable operator. Prohibits cable operators from being required to provide: (1) input selector switches or comparable devices; or (2) information to subscribers about such devices. Directs the FCC to commence an inquiry to determine whether broadcast television stations whose programming consists predominantly of sales presentations are serving the public interest, convenience, and necessity. Directs the FCC, if arriving upon a negative determination after such inquiry, to allow the licensees of such station a reasonable period to provide alternate programming, without a denial of renewal expectancy based solely upon such prior programming. Requires an operator of a cable system with: (1) 12 or fewer usable activated channels to carry the signal of only one qualified local noncommercial educational television station; and (2) 13 to 36 usable activated channels to carry the signal of at least one to three such stations. Specifies that, notwithstanding such provisions, all operators shall continue to provide carriage to all qualified local noncommercial educational television stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced service offered by the participating operator that includes the retransmission of local television broadcast signals. Prohibits a participating operator from accepting money or other consideration for the carriage of the signal of any qualified local noncommercial educational television station carried in fulfillment of the requirements of this Act, except that such station may be required to bear the cost associated with delivering a good quality signal to the principal headend of the cable system. Authorizes a qualified local noncommercial educational television station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints. Amends the Communications Act of 1934 to add a new section entitled the Cable Equipment Act of 1992. Prohibits cable operators from scrambling or otherwise encrypting any local broadcast signal, except as authorized under this Act to protect against the substantial theft of cable service. Prohibits any limitation on such scrambling or encrypting where the use of such technology does not interfere with the functions of subscribers' televisions or video cassette recorders (VCRs). Directs the FCC to issue and periodically update regulations prescribing the circumstances under which a cable operator may scramble or encrypt a local broadcast to protect against substantial theft of cable service. Requires cable operators to notify subscribers of various alternatives if their cable service is delivered through a converter box, including the alternative of having cable service installed by direct connection to the television or VCR in lieu of passing through a converter box. Requires the FCC to promulgate regulations requiring cable operators that offer the rental of a remote control unit to subscribers in connection with cable service to provide for, and notify subscribers of, compatibility of commercially available remote control units. Directs the FCC to report to the Congress on means of assuring compatibility between televisions and VCRs and cable systems so that subscribers will be able to enjoy the full benefit of both cable programming and the functions available on their televisions and VCRs. Provides that any civil action challenging the constitutionality of this Act shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding. Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber. Prohibits a cable television franchising authority from granting an exclusive franchise or unreasonably refusing to award additional cable television franchises, except due to technical infeasibility. Requires a franchising authority, in awarding a franchise, to allow the applicant's cable system a reasonable opportunity to become to all households in the appropriate geographic area. Directs the FCC to report to the appropriate congressional committees analyzing the need for, and nature and extent of, the most appropriate public interest obligations to be imposed upon direct broadcast satellite services in addition to what is hereafter required. Directs the FCC to require, as a condition for any provision, authorization, or renewal for a direct broadcast satellite service providing video programming, that the provider reserve between four and seven percent of its channel capacity exclusively for nonduplicated, noncommercial, educational, and informational programming. Directs the satellite service provider to meet such requirements by leasing to national educational programming suppliers capacity on its system at reasonable prices, terms, and conditions, without editorial control over such programming. Establishes a study panel to report to the Congress recommendations on: (1) methods and strategies for promoting the development of programming for transmission over the public use channels; (2) avoiding conflicts of interest and the exercise of editorial control by the satellite service provider in selecting programming; (3) identifying existing and potential sources of funding for administrative and production costs for such public use programming; and (4) what constitutes reasonable prices, terms, and conditions for the provision of satellite space for public use channels. Authorizes each cable operator to identify, on a separate line on each bill sent to a subscriber, the amount of the total bill assessed: (1) for franchise fees; (2) to satisfy public, educational, or governmental channel carriage requirements; and (3) for fees, taxes, or other government charges imposed on the transaction between the operator and the subscriber. Prohibits a cable operator from charging a subscriber for any service or equipment not affirmatively requested by name by the subscriber. Requires a cable operator to prevent unauthorized access of personally identifiable information of a subscriber by a person other than the subscriber or cable operator. Requires cable operators to provide subscribers with certain prior notification when the operator plans to provide "premium" channel programming free of charge, and to block such premium programming at the request of the subscriber. Authorizes cable operators to enforce prospectively a written and published policy of prohibiting programming that the operator reasonably believes describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards. Directs the FCC to promulgate regulations to limit the access of children to indecent programming as defined by FCC regulations and which cable operators have not voluntarily prohibited. Directs the FCC to promulgate regulations to enable a cable operator to prohibit the use on its system of channel capacity of public, educational, or governmental access for programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct. Expresses the sense of the Congress that television networks and producers should increase their activity to monitor and remove offensive sexual material from their broadcast programming. Revises the definition of "rural area" for purposes of an exemption to the cable television-television station cross-ownership prohibition. States that no provision of the Communications Act of 1934 shall be construed to: (1) prohibit a local or municipal authority that is also affiliated with a franchising authority from operating as an MVPD in the geographic jurisdiction of such franchising authority, notwithstanding the granting of one or more franchises by such franchising authority; or (2) require such local or municipal authority to secure a franchise to operate as an MVPD. Expresses the sense of the Senate that cable and television networks and local television stations should establish and follow voluntary guidelines to keep commercials depicting acts or threats of violence out of the family programming hours. Requires the FCC to study and report to the Congress on the impact of this Act on employment, economic competitiveness, growth, international trade, consumer welfare, and increased opportunities for small business and other entrants into the video marketplace to compete with cable.

01 Reported to Senate with amendment(s) Apr 18, 2002

Cable Television Consumer Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act. Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system charges for basic cable service (or charges for changes in service tiers), including the installation or rental of equipment used for the receipt of such basic service, are reasonable. Specifies that: (1) if fewer than 30 percent of all customers of such cable system subscribe only to basic cable service, the FCC shall also ensure that rates are reasonable for the lowest-priced tier of service subscribed to by at least 30 percent of the cable system's customers; and (2) no competing multichannel video programming distributor (MVPD) serving households in a cable community which is owned or controlled by, or affiliated through substantial common ownership with, the cable system in such cable community shall be included in any determination regarding effective competition under this Act. Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review the regulation of cable system rates established by a franchising authority authorized by the FCC. Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days. Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are unreasonable; and (2) criteria for determining that a complaint objecting to such rates and establishing that such rates are unreasonable has been properly filed. Outlines factors for making such determinations. Requires a cable operator to implement a cable service rate structure that is uniform throughout the geographic area in which service is provided. Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national or regional distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Specifies that, for purposes of this Act, any video programmer who licenses video programming for distribution to more than one cable community shall be considered a regional distributor of video programming. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system. Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users. Prohibits a satellite carrier which provides secondary transmissions of superstation programming to the public for private home viewing from: (1) unreasonably refusing to deal with any distributor of video programming which provides service to home satellite dish subscribers who meet certain licensing requirements; and (2) discriminating in the price, terms, and conditions on the sale of programming among the distributors to qualified home satellite dish owners or between such distributors and other MVPDs. Directs the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programmers which: (1) include provisions designed to prevent a cable operator or other MVPD from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems, to prohibit such operator or MVPD from coercing a video programmer to provide exclusive rights against other MVPDs as a condition of carriage on a system, and to prevent a MVPD from engaging in conduct which unreasonably restrains the ability of an unaffiliated video programmer to compete fairly by discriminating in video programming distribution on the basis of the affiliation or nonaffiliation in the selection, terms, or conditions for carriage of video programmers; (2) provide for expedited review of complaints made by a video programmer pursuant to this Act; (3) provide penalties to be assessed for filing frivolous complaints under this Act; and (4) provide appropriate penalties and remedies for violation of such provisions. States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming. Authorizes the FCC to: (1) determine the maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use. Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest. Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case. Authorizes a franchising authority to establish customer service requirements that exceed standards set by the FCC under this Act, subject to specified limitations. Directs the FCC to: (1) establish customer service standards that ensure that all customers are fairly served; and (2) regularly review such standards and make such modifications as necessary. Authorizes a franchising authority to enforce the standards established by the FCC. States that any lawful action to revoke a cable operator's franchise for cause shall not be negated by the initiation of renewal proceedings by the cable operator. Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible. Provides that, in any court proceeding asserting a violation of First Amendment rights by a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions. Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so. Prohibits a cable system or MVPD, beginning one year after enactment of this provision, from retransmitting any part of the signal of a broadcast station without the express authority of the originating station, with certain exceptions specified later under this Act. Provides that, until December 31, 1994, such prohibition shall not apply to retransmission of a signal of a broadcast station transmitted by a satellite or common carrier which carried that signal on May 1, 1991. Requires the FCC to establish regulations governing the exercise by television stations of the right to grant retransmission authority and the right to signal carriage as permitted later under this Act. Requires television stations, under such regulations, to elect between the right to grant retransmission authority and the right to signal carriage. Makes such election applicable to all cable systems within the jurisdiction of any franchising authority. Requires each cable operator to carry the signals of local commercial television stations and qualified low-power stations. Requires a cable operator with 12 or fewer usable activated channels to carry at least three local commercial television stations (LCTSs) unless such cable operator has 300 or fewer subscribers and does not delete from its carriage any signal of a broadcast television station. Requires a cable operator with more than 12 usable activated channels to carry the signals of LCTSs of up to one-third of the aggregate number of usable activated channels of such system. Allows a cable operator discretion in selecting which local broadcast signals shall be carried on its system once the minimum number of LCTSs on its system has been met, with specified conditions. Requires a cable operator to carry in its entirety: (1) the primary video and audio transmission of each of the LCTSs carried on its system, including, when technically feasible, program-related material carried in the vertical blanking interval or on subcarriers; and (2) the program schedule of any television station carried on its system, unless prohibited, and other programming authorized to be substituted. Requires the FCC to adopt carriage standards to ensure that the quality of signal processing and carriage provided by a cable system for the carriage of LCTSs will be no less than that provided for the carriage of any other type of signal. Directs the FCC to initiate a proceeding to establish any changes in signal carriage requirements of cable television systems needed to ensure cable carriage of the broadcast signals of LCTSs which have been changed to conform with modified standards for television broadcast signals. Prohibits requiring a cable operator to: (1) carry the signal of any LCTS that substantially duplicates the signal of another LCTS; or (2) carry the signals of more than one LCTS affiliated with a particular broadcast station. Requires each signal carried in fulfillment of carriage obligations under this Act to be carried on: (1) the cable system channel number on which the LCTS is broadcast over the air; (2) the channel on which it was carried on July 19, 1985 (at the election of the station); or (3) a channel mutually agreed upon by the station and the cable operator. Requires all signals carried by a cable operator to be provided to every subscriber of a cable system. Requires converter boxes, if necessary for viewing all offered channels, to be offered to all subscribers on a sale or lease basis. Requires a cable operator to: (1) identify upon request the signals carried on its system; and (2) provide written notice to a LCTS, at least 30 days in advance, of its intention to either delete from carriage or reposition such station on its system. Prohibits a cable operator from accepting or requesting monetary payment or other valuable consideration in exchange for the carriage of a LCTS in fulfillment of the requirements of this Act except under specified conditions. States that if there are not sufficient signals of full power LCTSs to fill the required number of channels to be carried by a cable operator, then the cable operator shall be required to carry qualified low-power stations until such channels are filled. Requires an LCTS that believes that a cable operator has failed to meet its obligations under these provisions to notify the operator in writing of the alleged failure, with an explanation. Requires the operator to respond to such allegations within 30 days by either commencing to comply with such obligations or notifying the station of its reasons for not doing so. Allows the LCTS to then file a complaint with the FCC if such obligations are refused by the cable operator. Prohibits cable operators from being required to provide: (1) input selector switches or comparable devices; or (2) information to subscribers about such devices. Requires an operator of a cable system with: (1) 12 or fewer usable activated channels to carry the signal of only one qualified local noncommercial educational television station; and (2) 13 to 36 usable activated channels to carry the signal of at least one to three such stations. Specifies that, notwithstanding such provisions, all operators shall continue to provide carriage to all qualified local noncommercial educational television stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced service offered by the participating operator that includes the retransmission of local television broadcast signals. Prohibits a participating operator from accepting money or other consideration for the carriage of the signal of any qualified local noncommercial educational television station carried in fulfillment of the requirements of this Act, except that such station may be required to bear the cost associated with delivering a good quality signal to the principal headend of the cable system. Authorizes a qualified local noncommercial educational television station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints. Provides that any civil action challenging the constitutionality of this Act shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding. Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber. Prohibits a cable television franchising authority from unreasonably refusing to award additional cable television franchises, except due to technical infeasibility. Requires a franchising authority, in awarding a franchise, to allow the applicant's cable system a reasonable opportunity to become capable of providing cable service to all households in the appropriate geographic area. Requires the FCC to initiate a rulemaking proceeding to impose, with respect to any direct broadcast satellite system (DBSS) that is not regulated as a common carrier under the Communications Act of 1934, public interest or other requirements on DBSSs providing video programming. Requires access to broadcast time and use of facilities requirements of such Act to apply to DBSSs. Directs the FCC to require as a condition for authorization or renewal of a DBSS providing video programming that the provider of such service reserve no less than four or no more than seven percent of the channel capacity of such service exclusively for noncommercial public service uses. Establishes a study panel to report to the Congress recommendations on: (1) methods and strategies for promoting the development of programming for transmission over the public use channels; (2) avoiding conflicts of interest and the exercise of editorial control by the DBSS provider in selecting programming; and (3) identifying existing and potential sources of funding for administrative and production costs for such public use programming.

00 Introduced in Senate Apr 18, 2002

Cable Television Consumer Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act. Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system provides for basic cable service (or charges for changes in service tiers), including the installation or rental of equipment used for the receipt of such basic service, are reasonable. Specifies that: (1) if fewer than 30 percent of all customers of such cable system subscribe only to basic cable service, the FCC shall also ensure that rates are reasonable for the lowest-priced tier of service subscribed to by at least 30 percent of the cable system's customers; and (2) no competing multichannel video programming distributor (MVPD) serving households in a cable community which is owned or controlled by, or affiliated through substantial common ownership with, the cable system in such cable community, shall be included in any determination regarding effective competition under this Act. Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review regulation of cable system rates established by a franchising authority authorized by the FCC. Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days. Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are unreasonable; and (2) criteria for determining that a complaint objecting to such rates and establishing that such rates are unreasonable has been properly filed. Outlines factors for making such determinations. Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national or regional distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Specifies that, for purposes of this Act, any video programmer who licenses video programming for distribution to more than one cable community shall be considered a regional distributor of video programming. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system. Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users. Directs the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programmers which: (1) include provisions designed to prevent a cable operator or other MVPD from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems, to prohibit such operator or MVPD from coercing a video programmer to provide exclusive rights against other MVPDs as a condition of carriage on a system, and to prevent a MVPD from engaging in conduct which unreasonably restrains the ability of an unaffiliated video programmer to compete fairly by discriminating in video programming distribution on the basis of the affiliation or nonaffiliation in the selection, terms, or conditions for carriage of video programmers; (2) provide for expedited review of complaints made by a video programmer pursuant to this Act; and (3) provide penalties to be assessed for filing frivolous complaints under this Act. States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming. Authorizes the FCC to: (1) determine the maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use. Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest. Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case. Authorizes a franchising authority to establish customer service requirements that exceed standards set by the FCC under this Act, subject to specified limitations. Directs the FCC to: (1) establish customer service standards that ensure that all customers are fairly served; and (2) regularly review such standards and make such modifications as necessary. Authorizes a franchising authority to enforce the standards established by the FCC. States that any lawful action to revoke a cable operator's franchise for cause shall not be negated by the initiation of renewal proceedings by the cable operator. Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible. Provides that, in any court proceeding asserting a violation of First Amendment rights by a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions. Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so. Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local commercial broadcast stations in accordance with this Act. Requires each participating operator with more than 12 usable activated channels to carry the number of signals of qualified local commercial broadcast stations that is equal to one-third of the aggregate number of usable activated channels of the system. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires an operator of a cable system with: (1) 12 or fewer usable activated channels to carry the signal of only one qualified local noncommercial educational television station; and (2) 13 to 36 usable activated channels to carry the signal of at least one to three such stations. Specifies that, notwithstanding such provisions, all operators shall continue to provide carriage to all qualified local noncommercial educational television stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced service offered by the participating operator that includes the retransmission of local television broadcast signals. Prohibits a participating operator from accepting money or other consideration for the carriage of the signal of any qualified local noncommercial educational television station carried in fulfillment of the requirements of this Act, except that such station may be required to bear the cost associated with delivering a good quality signal to the principal headend of the cable system. Authorizes a qualified local noncommercial educational television station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints. Provides that any civil action challenging the constitutionality of this Act shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding. Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber.

Sponsors

Timeline

Oct 5, 1992

Passed Senate over veto: Passed Senate over veto by Yea-Nay Vote. 74-25. Record Vote No: 264.

Oct 5, 1992

Passed Senate over veto by Yea-Nay Vote. 74-25. Record Vote No: 264.

Oct 5, 1992

The Chair laid before the House the veto message from the President.

Oct 5, 1992

DEBATE - The House proceeded with one hour of debate on the question of passing S. 12 upon reconsideration, the objections of the President to the contrary notwithstanding.

Oct 5, 1992

DEBATE - The House resumed debate.

Oct 5, 1992

The previous question was ordered without objection.

Oct 5, 1992

Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 308 - 114 (Roll No. 477).

Oct 5, 1992

Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 308 - 114 (Roll No. 477).

Oct 5, 1992

Became Public Law No: 102-385.

Oct 5, 1992

Message on House action received in Senate.

Oct 5, 1992

Became Public Law No: 102-385.

Oct 3, 1992

Veto message received in Senate. Ordered held at the desk.

Oct 3, 1992

Vetoed by President.

Oct 3, 1992

Vetoed by President.

Sep 22, 1992

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 74-25. Record Vote No: 225.

Sep 22, 1992

Senate agreed to conference report by Yea-Nay Vote. 74-25. Record Vote No: 225.

Sep 22, 1992

Presented to President.

Sep 22, 1992

Presented to President.

Sep 21, 1992

Conference report considered in Senate.

Sep 18, 1992

Conference report considered in Senate. By Unanimous Consent.

Sep 18, 1992

Cloture motion on the conference report presented in Senate.

Sep 18, 1992

Cloture motion on the conference report was withdrawn by unanimous consent in Senate.

Sep 17, 1992

Rule H. Res. 571 passed House.

Sep 17, 1992

Mr. Markey brought up conference report H. Rept. 102-862 for consideration under the provisions of H. Res. 571.

Sep 17, 1992

DEBATE - Pursuant to the provisions of H. Res. 571, the House proceeded with one hour of debate on the conference report.

Sep 17, 1992

The previous question was ordered without objection.

Sep 17, 1992

Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 280 - 128 (Roll no. 398).

Sep 17, 1992

On agreeing to the conference report Agreed to by the Yeas and Nays: 280 - 128 (Roll no. 398).

Sep 17, 1992

Motion to reconsider laid on the table Agreed to without objection.

Sep 17, 1992

Conference papers: message on House action held at the desk in Senate.

Sep 16, 1992

Rules Committee Resolution H. Res. 571 Reported to House. Rule provides for consideration of the conference report to S. 12. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read when called up for consideration.

Sep 14, 1992

Conference report filed: Conference report H. Rept. 102-862 filed.

Sep 14, 1992

Conference report H. Rept. 102-862 filed.

Sep 14, 1992

Conference papers: Senate report and managers' statement held at the desk in Senate.

Sep 9, 1992

Message on Senate action sent to the House.

Sep 9, 1992

Conference committee actions: Conferees agreed to file conference report.

Sep 9, 1992

Conferees agreed to file conference report.

Aug 12, 1992

Resolving differences -- Senate actions: Senate disagreed to the House amendments by Voice Vote.

Aug 12, 1992

Senate disagreed to the House amendments by Voice Vote.

Aug 12, 1992

Senate agreed to request for conference. Appointed conferees. Hollings; Inouye; Ford; Danforth; Packwood.

Jul 31, 1992

Mr. Lent moved that the House instruct conferees.

Jul 31, 1992

DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees on the part of the House to maintain the protections and remedies provided in Section 20 of the House amendment against theft of cable service.

Jul 31, 1992

The previous question was ordered without objection.

Jul 31, 1992

On motion that the House instruct conferees Agreed to by voice vote.

Jul 31, 1992

Motion to reconsider laid on the table Agreed to without objection.

Jul 31, 1992

The Speaker appointed conferees: Dingell, Markey, Tauzin, Eckart, Manton, Hall (TX), Harris, Lent, Rinaldo, Bilirakis, and Fields.

Jul 31, 1992

The Speaker appointed conferees Provided that Mr. Ritter is appointed in place of Mr. Fields for consideration of so much of sec. 16 of the Senate bill as would add a new sec. 614(g) to the Communications Act of 1934 and so much of sec. 5 of the House amendment as would add a new sec. 614(f) to the Communications Act of 1934.

Jul 31, 1992

By unanimous consent, the Speaker reserved the authority to appoint additional conferees, including the naming of additional appointments from the Committee on the Judiciary.

Jul 31, 1992

Message on House action received in Senate and at desk: House amendments to Senate bill and House requests a conference.

Jul 23, 1992

Considered under the provisions of rule H. Res. 523.

Jul 23, 1992

Rule provides for consideration of H.R. 4850 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole. The resolution makes in order the consideration of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill as an original bill for the purpose of amendment. Said substitute shall be considered read and not subject to amendment except as specified by this resolution. Specified amendments are in order. Only amendments printed in the report accompanying this resolution and amendments specified in sec. 2 of this resolution are in order. Said amendments shall be considered in the order, manner, and debatable for the time specified in the report, and not subject to further amendment except as specified in t...

Jul 23, 1992

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 4850. Agreed to without objection.

Jul 23, 1992

Passed/agreed to in House: On passage Passed by voice vote.

Jul 23, 1992

On passage Passed by voice vote.

Jul 23, 1992

The title of the measure was amended to that of similar measure H.R. 4850. Agreed to without objection.

Jul 23, 1992

Motion to reconsider laid on the table Agreed to without objection.

Jul 23, 1992

A similar measure H.R. 4850 was laid on the table without objection.

Jul 23, 1992

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of S. 12.

Jul 23, 1992

Mr. Markey moved that the House insist upon its amendments, and request a conference.

Jul 23, 1992

On motion that the House insist upon its amendments, and request a conference Agreed to by voice vote.

Jul 23, 1992

Motion to reconsider laid on the table Agreed to without objection.

Jul 23, 1992

The Chair announced that conferees would be appointed on Friday, July 24, 1992.

Feb 4, 1992

Message on Senate action sent to the House.

Feb 4, 1992

Received in the House.

Feb 4, 1992

Held at the desk.

Jan 31, 1992

Considered by Senate.

Jan 31, 1992

The committee substitute as amended agreed to by Voice Vote.

Jan 31, 1992

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 73-18. Record Vote No: 14.

Jan 31, 1992

Passed Senate with an amendment by Yea-Nay Vote. 73-18. Record Vote No: 14.

Jan 30, 1992

Considered by Senate.

Jan 29, 1992

Considered by Senate.

Jan 27, 1992

Measure laid before Senate by unanimous consent.

Jun 28, 1991

Committee on Commerce. Reported to Senate by Senator Hollings with an amendment in the nature of a substitute. With written report No. 102-92. Minority views filed.

Jun 28, 1991

Committee on Commerce. Reported to Senate by Senator Hollings with an amendment in the nature of a substitute. With written report No. 102-92. Minority views filed.

Jun 28, 1991

Placed on Senate Legislative Calendar under General Orders. Calendar No. 138.

May 14, 1991

Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.

Mar 14, 1991

Subcommittee on Communications. Hearings held. Hearings printed: S.Hrg. 102-132.

Jan 14, 1991

Introduced in Senate

Jan 14, 1991

Read twice and referred to the Committee on Commerce.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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