102d CONGRESS
2d Session
S. 12
AMENDMENT
S 12 EAH
In the House of Representatives, U. S.,
July 23, 1992.
Resolved, That the bill from the Senate (S. 12) entitled `An Act to
amend title VI of the Communications Act of 1934 to ensure carriage on
cable television of local news and other programming and to restore the
right of local regulatory authorities to regulate cable television rates,
and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause, and insert:

2782527bd7d78cadcffb3db5da3a088cf936bdb8cfcb92f22c85af8ed9b3ef82

This Act may be cited as the `Cable Television Consumer Protection and
Competition Act of 1992'.

f6dd5e2f12b7fb47b9e3ec05ca585666eb46f114dc979ceccf2b34a046e5a4b5

(a) FINDINGS- Section 601 of the Communications Act of 1934 (47 U.S.C. 521)
is amended--
(1) by striking the heading of such section and inserting the following:
`PURPOSES; FINDINGS';
(2) by inserting `(a) PURPOSES- ' after `SEC. 601.'; and
(3) by adding at the end thereof the following new subsection:
`(b) FINDINGS- The Congress finds and declares the following:
`(1) Fair competition in the delivery of television programming should
foster the greatest possible choice of programming and should result in
lower prices for consumers.
`(2) Passage of the Cable Communications Policy Act of 1984 resulted in
deregulation of rates for cable television services in approximately 97
percent of all franchises. A minority of cable operators have abused
their deregulated status and their market power and have unreasonably
raised cable subscriber rates. The Federal Communications Commission's
rules governing local rate regulation will not provide any protection
for more than two-thirds of the nation's cable subscribers, and will not
protect subscribers from unreasonable rates in those communities where
the rules apply.
`(3) In order to protect consumers, it is necessary for the Congress
to establish a means for local franchising authorities and the Federal
Communications Commission to prevent cable operators from imposing rates
upon consumers that are unreasonable.
`(4) There is a substantial governmental and first amendment interest in
promoting a diversity of views provided through multiple technology media.
`(5) The Federal Government has a compelling interest in making all
nonduplicative local public television services available on cable systems
because--
`(A) public television provides educational and informational programming
to the Nation's citizens, thereby advancing the Government's compelling
interest in educating its citizens;
`(B) public television is a local community institution, supported
through local tax dollars and voluntary citizen contributions in excess
of $10,800,000,000 between 1972 and 1990 that provides public service
programming that is responsive to the needs and interests of the local
community;
`(C) the Federal Government, in recognition of public television's integral
role in serving the educational and informational needs of local communities,
has invested more than $3,000,000,000 in public broadcasting between 1969
and 1992; and
`(D) absent carriage requirements there is a substantial likelihood that
citizens, who have supported local public television services, will be
deprived of those services.
`(6) The Federal Government also has a compelling interest in having cable
systems carry the signals of local commercial television stations because
the carriage of such signals--
`(A) promotes localism and provides a significant source of news, public
affairs, and educational programming;
`(B) is necessary to serve the goals contained in section 307(b) of this
Act of providing a fair, efficient, and equitable distribution of broadcast
services; and
`(C) will enhance the access to such signals by Americans living in areas
where the quality of reception of broadcast stations is poor.
`(7) Broadcast television programming is supported by revenues generated
from advertising. Such programming is otherwise free to those who own
television sets and do not require cable transmission to receive broadcast
signals. There is a substantial governmental interest in promoting the
continued availability of such free television programming, especially
for viewers who are unable to afford other means of receiving programming.
`(8) Because television broadcasters and cable television operators compete
directly for the television viewing audience, for programming material,
and for advertising revenue, in order to ensure that such competition
is fair and operates to the benefit of consumers, the Federal interest
requires that local broadcast stations be made available on cable systems.
`(9) Cable systems should be encouraged to carry low power television
stations licensed to the communities served by those systems where the
low power station creates and broadcasts, as a substantial part of its
programming day, local programming.
`(10) Secure carriage and channel positioning on cable television systems
are the most effective means through which off-air broadcast television
can access cable subscribers. In the absence of rules mandating carriage
and channel positioning of broadcast television stations, some cable
system operators have denied carriage or repositioned the carriage of some
television stations.
`(11) Cable television systems and broadcast television stations increasingly
compete for television advertising revenues and audience. A cable system
has a direct financial interest in promoting those channels on which it
sells advertising or owns programming. As a result, there is an economic
incentive for cable systems to deny carriage to local broadcast signals,
or to reposition broadcast signals to disadvantageous channel positions,
or both. Absent reimposition of must carry and channel positioning
requirements, such activity could occur, thereby threatening diversity,
economic competition, and the Federal television broadcast allocation
structure in local markets across the country.
`(12) Cable systems provide the most effective access to television
households that subscribe to cable. As a result of the cable operator's
provision of this access and the operator's economic incentives described
in paragraph (11), negotiations between cable operators and local broadcast
stations have not been an effective mechanism for securing carriage and
channel positioning.
`(13) Most subscribers to cable television systems do not or cannot maintain
antennas to receive broadcast television services, do not have input
selector switches to convert from a cable to antenna reception system,
or cannot otherwise receive broadcast television services. A Government
mandate for a substantial societal investment in alternative distribution
systems for cable subscribers, such as the `A/B' input selector antenna
system, is not an enduring or feasible method of distribution and is not
in the public interest.
`(14) At the same time, broadcast programming has proven to be the most
popular programming on cable systems, and a substantial portion of the
benefits for which consumers pay cable systems is derived from carriage
of local broadcast signals. Also, cable programming placed on channels
adjacent to popular off-the-air signals obtains a larger audience than on
other channel positions. Cable systems, therefore, obtain great benefits
from carriage of local broadcast signals which, until now, they have been
able to obtain without the consent of the broadcaster. This has resulted
in an effective subsidy of the development of cable systems by local
broadcasters. While at one time, when cable systems did not attempt to
compete with local broadcasters, this subsidy may have been appropriate,
it is no longer and results in a competitive imbalance between the two
industries.'.
(b) DEFINITION- Section 602 of the Communications Act of 1934 (47 U.S.C. 522)
is amended--
(1) by redesignating paragraphs (11) through (16) as paragraphs (12)
through (17); and
(2) by inserting after paragraph (10) the following new paragraph:
`(11) the term `multichannel video programming distributor' means a person
such as, but not limited to, a cable operator, a multichannel multipoint
distribution service, a direct broadcast satellite service, or a television
receive-only satellite program distributor, who makes available for purchase,
by subscribers or customers, multiple channels of video programming;'.

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211f31036546579d4d8c190be75c3130cc661e79a58fded32acbd48421990ffb

(a) UNREASONABLE REFUSALS TO FRANCHISE PROHIBITED- Section 621(a) of the
Communications Act of 1934 (47 U.S.C. 541(a)) is amended by adding at the
end thereof the following:
`(4) A franchising authority shall not, in the awarding of franchises
within its jurisdiction, grant an exclusive franchise, or unreasonably
refuse to award additional franchises because of the previous award of
a franchise to another cable operator. For purposes of this paragraph,
refusal to award a franchise shall not be unreasonable if, for example,
such refusal is on the ground--
`(A) of technical infeasibility;
`(B) of inadequate assurance that the cable operator will provide adequate
public, educational and governmental access channel capacity, facilities,
or financial support;
`(C) of inadequate assurance that the cable operator will, within a
reasonable period of time, provide universal service throughout the entire
franchise area under the jurisdiction of the franchising authority;
`(D) that such award would interfere with the right of the franchising
authority to deny renewal; or
`(E) of inadequate assurance that the cable operator has the financial,
technical, or legal qualifications to provide cable service.
`(5) Nothing in this subsection shall be construed as limiting the authority
of local governments to assess fees or taxes for access to public rights
of way.'.
(b) MUNICIPAL AUTHORITIES PERMITTED TO OPERATE SYSTEMS- Section 621 of
the Communications Act of 1934 (47 U.S.C. 541) is amended--
(1) by inserting `and subsection (f)' before the comma in subsection
(b)(1); and
(2) by adding at the end the following new subsection:
`(f) No provision of this Act shall be construed to--
`(1) prohibit a local or municipal authority that is also, or is affiliated
with, a franchising authority from operating as a multichannel video
programming distributor in the geographic areas within the 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 a multichannel video programming distributor.'.
(c) CLARIFICATION OF LOCAL AUTHORITY TO REGULATE OWNERSHIP- Section 613(d)
of the Communications Act of 1934 (47 U.S.C. 533(d)) is amended--
(1) by striking `any media' and inserting `any other media'; and
(2) by adding after the period at the end thereof the following: `Nothing
in this section 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 such a cable system may eliminate or reduce competition in the delivery
of cable service in such jurisdiction.'.
(d) LEASE/BUY-BACK AUTHORITY- Section 613(b)(2) of the Communications Act
of 1934 (47 U.S.C. 533(b)(2)) is amended by adding at the end the following:
`This paragraph shall not prohibit a common carrier from providing multiple
channels of communication to an entity pursuant to a lease agreement
under which the carrier retains, consistent with section 616, an option
to purchase such entity upon the taking effect of an amendment to this
section that permits common carriers generally to provide video programming
directly to subscribers in such carrier's telephone service area.'.

021b1905ea90f358567cb19194ca950dd8e91ef936970534f29f4e7d13852c77

Part II of title VI of the Communications Act of 1934 (47 U.S.C. 531 et
seq.) is amended by inserting after section 613 the following new section:
`SEC. 614. CARRIAGE OF LOCAL COMMERCIAL TELEVISION SIGNALS.
`(a) CARRIAGE OBLIGATIONS- Each cable operator shall carry, on the
cable system of that operator, the signals of local commercial television
stations as provided by the following provisions of this section. Carriage
of additional broadcast television signals on such system shall be at the
discretion of such operator.
`(b) Signals Required-
`(1) IN GENERAL- (A) A cable operator of a cable system with 12 or fewer
usable activated channels shall carry the signals of at least three local
commercial television stations, except that if such a system has 300 or
fewer subscribers, it shall not be subject to any requirements under this
section so long as such system does not delete from carriage by that system
any signal of a broadcast television station.
`(B) A cable operator of a cable system with more than 12 usable activated
channels shall carry the signals of local commercial television stations
up to one third of the aggregate number of usable activated channels of
such system.
`(2) SELECTION OF SIGNALS- Whenever the number of local commercial television
stations exceeds the maximum number of signals a cable system is required
to carry under paragraph (1), the cable operator shall have discretion in
selecting which such stations shall be carried on its cable system, except
that if the cable operator elects to carry an affiliate of a broadcast
network (as such term is defined by the Commission by regulation), such
cable operator shall carry the affiliate of such broadcast network whose
city of license reference point, as defined in section 76.53 of title 47,
Code of Federal Regulations (in effect on January 1, 1991), or any successor
regulation thereto, is closest to the principal headend of the cable system.
`(3) CONTENT TO BE CARRIED- (A) A cable operator shall carry in its
entirety, on the cable system of that operator, the primary video,
accompanying audio, and line 21 closed caption transmission of each of
the local commercial television stations carried on the cable system and,
to the extent technically feasible, program-related material carried in
the vertical blanking interval or on subcarriers. Retransmission of other
material in the vertical blanking internal or other nonprogram-related
material (including teletext and other subscription and advertiser-supported
information services) shall be at the discretion of the cable operator. Where
appropriate and feasible, operators may delete signal enhancements, such
as ghost-canceling, from the broadcast signal and employ such enhancements
at the system headend or headends.
`(B) The cable operator shall carry the entirety of the program schedule
of any television station carried on the cable system unless carriage of
specific programming is prohibited, and other programming authorized to
be substituted, under section 76.67 or subpart F of part 76 of title 47,
Code of Federal Regulations (as in effect on January 1, 1991), or any
successor regulations thereto.
`(4) SIGNAL QUALITY-
`(A) NONDEGRADATION; TECHNICAL SPECIFICATIONS- The signals of local
commercial television stations that a cable operator carries shall be
carried without material degradation. The Commission shall adopt carriage
standards to ensure that, to the extent technically feasible, the quality of
signal processing and carriage provided by a cable system for the carriage
of local commercial television stations will be no less than that provided
by the system for carriage of any other type of signal.
`(B) ADVANCED TELEVISION- At such time as the Commission prescribes
modifications of the standards for television broadcast signals, the
Commission shall initiate a proceeding to establish any changes in the
signal carriage requirements of cable television systems necessary to ensure
cable carriage of such broadcast signals of local commercial television
stations which have been changed to conform with such modified standards.
`(5) DUPLICATION NOT REQUIRED- Notwithstanding paragraph (1), a cable
operator shall not be required to carry the signal of any local commercial
television station that substantially duplicates the signal of another local
commercial television station which is carried on its cable system, or to
carry the signals of more than one local commercial television station
affiliated with a particular broadcast network (as such term is defined
by regulation). If a cable operator elects to carry on its cable system a
signal which substantially duplicates the signal of another local commercial
television station carried on the cable system, or to carry on its system
the signals of more than one local commercial television station affiliated
with a particular broadcast network, all such signals shall be counted toward
the number of signals the operator is required to carry under paragraph (1).
`(6) CHANNEL POSITIONING- Each signal carried in fulfillment of the carriage
obligations of a cable operator under this section shall be carried on
the cable system channel number on which the local commercial television
station is broadcast over the air, or on the channel on which it was carried
on July 19, 1985, 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. Any dispute
regarding the positioning of a local commercial television station shall
be resolved by the Commission.
`(7) SIGNAL AVAILABILITY- Signals carried in fulfillment of the
requirements of this section shall be provided to every subscriber of a
cable system. Such signals shall be viewable via cable on all television
receivers of a subscriber which are connected to a cable system by a
cable operator or for which a cable operator provides a connection. If
a cable operator authorizes subscribers to install additional receiver
connections, but does not provide the subscriber with such connections,
or with the equipment and materials for such connections, the operator
shall notify such subscribers of all broadcast stations carried on the
cable system which cannot be viewed via cable without a converter box and
shall offer to sell or lease such a converter box to such subscribers at
rates in accordance with section 623(b)(1)(B).
`(8) IDENTIFICATION OF SIGNALS CARRIED- A cable operator shall identify,
upon request by any person, the signals carried on its system in fulfillment
of the requirements of this section.
`(9) NOTIFICATION- A cable operator shall provide written notice to a local
commercial television station at least 30 days prior to either deleting
from carriage or repositioning that station. No deletion or repositioning
of a local commercial television station shall occur during a period in
which major television ratings services measure the size of audiences of
local television stations. The notification provisions of this paragraph
shall not be used to undermine or evade the channel positioning or carriage
requirements imposed upon cable operators under this section.
`(10) COMPENSATION FOR CARRIAGE- A cable operator shall not accept or
request monetary payment or other valuable consideration in exchange either
for carriage of local commercial television stations in fulfillment of
the requirements of this section or for the channel positioning rights
provided to such stations under this section, except that--
`(A) any such station may be required to bear the costs associated with
delivering a good quality signal to the headend of the cable system;
`(B) a cable operator may accept payments from stations which would be
considered distant signals under section 111 of title 17, United States Code,
as reimbursement for the incremental copyright costs assessed against such
cable operator for carriage of such signal; and
`(C) a cable operator may continue to accept monetary payment or other
valuable consideration in exchange for carriage or channel positioning of
the signal of any local commercial television station carried in fulfillment
of the requirements of this section, through, but not beyond, the date of
expiration of an agreement thereon between a cable operator and a local
commercial television station entered into prior to June 26, 1990.
`(c) REMEDIES-
`(1) COMPLAINTS BY BROADCAST STATIONS- Whenever a local commercial television
station believes that a cable operator has failed to meet its obligations
under this section, such station shall notify the operator, in writing, of
the alleged failure and identify its reasons for believing that the cable
operator is obligated to carry the signal of such station or has otherwise
failed to comply with the channel positioning or repositioning or other
requirements of this section. The cable operator shall, within 30 days
of such written notification, respond in writing to such notification and
either commence to carry the signal of such station in accordance with the
terms requested or state its reasons for believing that it is not obligated
to carry such signal or is in compliance with the channel positioning and
repositioning and other requirements of this section. A local commercial
television station that is denied carriage or channel positioning or
repositioning in accordance with this section by a cable operator may
obtain review of such denial by filing a complaint with the Commission. Such
complaint shall allege the manner in which such cable operator has failed
to meet its obligations and the basis for such allegations.
`(2) OPPORTUNITY TO RESPOND- The Commission shall afford such cable operator
an opportunity to present data and arguments to establish that there has
been no failure to meet its obligations under this section.
`(3) REMEDIAL ACTIONS; DISMISSAL- Within 120 days after the date a complaint
is filed, the Commission shall determine whether the cable operator has
met its obligations under this section. If the Commission determines that
the cable operator has failed to meet such obligations, the Commission
shall order the cable operator to reposition the complaining station or,
in the case of an obligation to carry a station, to commence carriage of
the station and to continue such carriage for at least 12 months. If the
Commission determines that the cable operator has fully met the requirements
of this section, it shall dismiss the complaint.
`(d) INPUT SELECTOR SWITCH RULES ABOLISHED- No cable operator shall be
required--
`(1) to provide or make available any input selector switch as defined in
section 76.5(mm) of title 47, Code of Federal Regulations, or any comparable
device, or
`(2) to provide information to subscribers about input selector switches
or comparable devices.
`(e) REGULATIONS BY COMMISSION- Within 180 days after the date of enactment
of this section, the Commission shall, following a rulemaking proceeding,
issue regulations implementing the requirements imposed by this section. Such
implementing regulations shall include necessary revisions to update
section 76.51 of the Commission's regulations (47 C.F.R. 76.51).
`(f) SALES PRESENTATIONS AND PROGRAM LENGTH COMMERCIALS- Nothing in this
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 television
station or video programming service that is predominantly utilized for
the transmission of sales presentations or program length commercials.
`(g) EFFECT ON OTHER LAW- Nothing in this section shall be construed to
modify or otherwise affect title 17, United States Code.
`(h) DEFINITION-
`(1) LOCAL COMMERCIAL TELEVISION STATION- For purposes of this section, the
term `local commercial television station' means any television broadcast
station, determined by the Commission to be a commercial station, licensed
and operating on a channel regularly assigned to its community by the
Commission that, with respect to a particular cable system, is within
the same television market as the cable system. If such a television
broadcast station--
`(A) would be considered a distant signal under section 111 of title 17,
United States Code, it shall be deemed to be a local commercial television
station for purposes of this section upon agreement to indemnify the cable
operator for the increased copyright liability as a result of being carried
on the cable system; or
`(B) does not deliver to the principal headend of a cable system either
a signal level of -45dBm for UHF signals or -49dBm for VHF signals at the
input terminals of the signal processing equipment, it shall be responsible
for the costs of delivering to the cable system a signal of good quality
or a baseband video signal.
`(2) EXCLUSIONS- The term `local commercial television station' shall not
include low power television stations, television translator stations,
and passive repeaters which operate pursuant to part 74 of title 47,
Code of Federal Regulations, or any successor regulations thereto.
`(3) MARKET DETERMINATIONS- (A) For purposes of this section, a broadcasting
station's market shall be determined in the manner provided in section
73.3555(d)(3)(i) of title 47, Code of Federal Regulations, as in effect
on May 1, 1991, except that, following a written request, the Commission
may, with respect to a particular television broadcast station, include
additional communities within its television market or exclude communities
from such station's television market to better effectuate the purposes of
this section. In considering such requests, the Commission may determine
that particular communities are part of more than one television market.
`(B) In considering requests filed pursuant to subparagraph (A), the
Commission shall afford particular attention to the value of localism by
taking into account such factors as--
`(i) whether the station, or other stations located in the same area,
have been historically carried on the cable system or systems within
such community;
`(ii) whether the television station provides coverage or other local
service to such community;
`(iii) whether any other television station that is eligible to be carried
by a cable system in such community in fulfillment of the requirements of
this section provides news coverage of issues of concern to such community
or provides carriage or coverage of sporting and other events of interest
to the community; and
`(iv) evidence of viewing patterns in cable and noncable households within
the areas served by the cable system or systems in such community.
`(C) A cable operator shall not delete from carriage the signal of
a commercial television station during the pendency of any proceeding
pursuant to this paragraph.
`(D) In the rulemaking proceeding required by subsection (e), the Commission
shall provide for expedited consideration of requests filed under this
subsection.'.

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Part II of title VI of the Communications Act of 1934 (47 U.S.C. 531
et seq.) is further amended by inserting after section 614, as added by
section 4, the following new section:
`SEC. 615. CARRIAGE OF NONCOMMERCIAL EDUCATIONAL TELEVISION.
`(a) CARRIAGE OBLIGATIONS- In addition to the carriage requirements set
forth in section 614, each cable operator of a cable system shall carry
the signals of qualified noncommercial educational television stations in
accordance with the provisions of this section.
`(b) REQUIREMENTS TO CARRY QUALIFIED STATIONS-
`(1) GENERAL REQUIREMENT TO CARRY EACH QUALIFIED STATION- Subject to
paragraphs (2) and (3) and subsection (e), each cable operator shall carry,
on the cable system of that cable operator, any qualified local noncommercial
educational television station requesting carriage.
`(2)(A) SYSTEMS WITH 12 OR FEWER CHANNELS- Notwithstanding paragraph (1), a
cable operator of a cable system with 12 or fewer usable activated channels
shall be required to carry the signal of one qualified local noncommercial
educational television station; except that a cable operator of such a
system shall comply with subsection (c) and may, in its discretion, carry
the signals of other qualified noncommercial educational television stations.
`(B) In the case of a cable system described in subparagraph (A) which
operates beyond the presence of any qualified local noncommercial educational
television station--
`(i) the cable operator shall carry on that system the signal of one
qualified noncommercial educational television station;
`(ii) the selection for carriage of such a signal shall be at the election
of the cable operator; and
`(iii) in order to satisfy the requirements for carriage specified in
this subsection, the cable operator of the system shall not be required
to remove any other programming service actually provided to subscribers
on March 29, 1990; except that such cable operator shall use the first
channel available to satisfy the requirements of this subparagraph.
`(3) SYSTEMS WITH 13 TO 36 CHANNELS- (A) Subject to subsection (c),
a cable operator of a cable system with 13 to 36 usable activated channels--
`(i) shall carry the signal of at least one qualified local noncommercial
educational television station but shall not be required to carry the
signals of more than three such stations, and
`(ii) may, in its discretion, carry additional such stations.
`(B) In the case of a cable system described in this paragraph which
operates beyond the presence of any qualified local noncommercial educational
television station, the cable operator shall import the signal of at least
one qualified noncommercial educational television station to comply with
subparagraph (A)(i).
`(C) The cable operator of a cable system described in this paragraph which
carries the signal of a qualified local noncommercial educational station
affiliated with a State public television network shall not be required to
carry the signal of any additional qualified local noncommercial educational
television stations affiliated with the same network if the programming of
such additional stations is substantially duplicated by the programming of
the qualified local noncommercial educational television station receiving
carriage.
`(D) A cable operator of a system described in this paragraph which
increases the usable activated channel capacity of the system to more
than 36 channels on or after March 29, 1990, shall, in accordance with
the other provisions of this section, carry the signal of each qualified
local noncommercial educational television station requesting carriage,
subject to subsection (e).
`(c) CONTINUED CARRIAGE OF EXISTING STATIONS- Notwithstanding any other
provision of this section, all cable 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. The requirements of this subsection may be waived with respect to a
particular cable operator and a particular such station, upon the written
consent of the cable operator and the station.
`(d) PLACEMENT OF ADDITIONAL SIGNALS- A cable operator required to add the
signals of qualified local noncommercial educational television stations
to a cable system under this section may do so, subject to approval by
franchising authority pursuant to section 611 of this title, by placing
such additional stations on public, educational, or governmental channels
not in use for their designated purposes.
`(e) SYSTEMS WITH MORE THAN 36 CHANNELS- A cable operator of a cable system
with a capacity of more than 36 usable activated channels which is required
to carry the signals of three qualified local noncommercial educational
television stations shall not be required to carry the signals of additional
such stations the programming of which substantially duplicates the
programming broadcast by another qualified local noncommercial educational
television station requesting carriage. Substantial duplication shall be
defined by the Commission in a manner that promotes access to distinctive
noncommercial educational television services.
`(f) WAIVER OF NONDUPLICATION RIGHTS- A qualified local noncommercial
educational television station whose signal is carried by a cable operator
shall not assert any network nonduplication rights it may have pursuant
to section 76.92 of title 47, Code of Federal Regulations, to require the
deletion of programs aired on other qualified local noncommercial educational
television stations whose signals are carried by that cable operator.
`(g) CONDITIONS OF CARRIAGE-
`(1) CONTENT TO BE CARRIED- A cable operator shall retransmit in its
entirety the primary video, accompanying audio, and line 21 closed caption
transmission of each qualified local noncommercial educational television
station whose signal is carried on the cable system, and, to the extent
technically feasible, program-related material carried in the vertical
blanking interval, or on subcarriers, that may be necessary for receipt
of programming by handicapped persons or for educational or language
purposes. Retransmission of other material in the vertical blanking interval
or on subcarriers shall be within the discretion of the cable operator.
`(2) BAND-WIDTH AND TECHNICAL QUALITY- A cable operator shall provide each
qualified local noncommercial educational television station whose signal
is carried in accordance with this section with band-width and technical
capacity equivalent to that provided to commercial television broadcast
stations carried on the cable system and shall carry the signal of each
qualified local noncommercial educational television station without
material degradation.
`(3) CHANGES IN CARRIAGE- The signal of a qualified local noncommercial
educational television station shall not be repositioned by a cable operator
unless the cable operator, at least 30 days in advance of such repositioning,
has provided written notice to the station and all subscribers of the
cable system. For purposes of this paragraph, repositioning includes
(A) assignment of a qualified local noncommercial educational television
station to a cable system channel number different from the cable system
channel number to which the station was assigned as of March 29, 1990,
and (B) deletion of the station from the cable system. The notifications
provisions of this paragraph shall not be used to undermine or evade the
channel positioning or carriage requirements imposed upon cable operators
under this section.
`(4) GOOD QUALITY SIGNAL REQUIRED- Notwithstanding the other provisions of
this section, a cable operator shall not be required to carry the signal
of any qualified local noncommercial educational television station which
does not deliver to the cable system's principal headend a signal of good
quality, as may be defined by the Commission.
`(5) CHANNEL POSITIONING- Each signal carried in fulfillment of the carriage
obligations of a cable operator under this section shall be carried on the
cable system channel number on which the local noncommercial television
station is broadcast over the air, or on the channel on which it was
carried on July 19, 1985, at the election of the station, or on such other
channel number as is mutually agreed upon by the station and the cable
operator. Any dispute regarding the positioning of a local noncommercial
television station shall be resolved by the Commission.
`(h) AVAILABILITY OF SIGNALS- Signals carried in fulfillment of the carriage
obligations of a cable operator under this section shall be available to
every subscriber as part of the cable system's lowest priced service tier
that includes the retransmission of local commercial television broadcast
signals.
`(i) PAYMENT FOR CARRIAGE PROHIBITED-
`(1) IN GENERAL- A cable operator shall not accept monetary payment or
other valuable consideration in exchange for carriage of the signal of
any qualified local noncommercial educational television station carried
in fulfillment of the requirements of this section, except that such a
station may be required to bear the cost associated with delivering a good
quality signal to the principal headend of the cable system.
`(2) DISTANT SIGNAL EXCEPTION- Notwithstanding the provisions of this
section, a cable operator shall not be required to add the signal of a
qualified local noncommercial educational television station not already
carried under the provision of subsection (c), where such signal would
be considered a distant signal for copyright purposes unless such station
reimburses the cable operator for the incremental copyright costs assessed
against such cable operator as a result of such carriage.
`(j) REMEDIES-
`(1) COMPLAINT- Whenever a qualified local noncommercial educational
television station believes that a cable operator of a cable system has
failed to comply with the signal carriage requirements of this section,
the station may file a complaint with the Commission. Such complaint shall
allege the manner in which such cable operator has failed to comply with
such requirements and state the basis for such allegations.
`(2) OPPORTUNITY TO RESPOND- The Commission shall afford such cable operator
an opportunity to present data, views, and arguments to establish that
the cable operator has complied with the signal carriage requirements of
this section.
`(3) REMEDIAL ACTIONS; DISMISSAL- Within 120 days after the date a complaint
is filed under this subsection, the Commission shall determine whether the
cable operator has complied with the requirements of this section. If the
Commission determines that the cable operator has failed to comply with such
requirements, the Commission shall state with particularity the basis for
such findings and order the cable operator to take such remedial action
as is necessary to meet such requirements. If the Commission determines
that the cable operator has fully complied with such requirements, the
Commission shall dismiss the complaint.
`(k) IDENTIFICATION OF SIGNALS- A cable operator shall identify, upon request
by any person, those signals carried in fulfillment of the requirements
of this section.
`(l) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION- The term
`qualified noncommercial educational television station' means any television
broadcast station which--
`(A)(i) under the rules and regulations of the Commission in effect on March
29, 1990, is licensed by the Commission as a noncommercial educational
television broadcast station and which is owned and operated by a public
agency, nonprofit foundation, corporation, or association; and
`(ii) has as its licensee an entity which is eligible to receive a community
service grant, or any successor grant thereto, from the Corporation for
Public Broadcasting, or any successor organization thereto, on the basis
of the formula set forth in section 396(k)(6)(B) (47 U.S.C. 396(k)(6)(B)); or
`(B) is owned and operated by a municipality and transmits predominantly
noncommercial programs for educational purposes.
Such term includes (I) the translator of any noncommercial educational
television station with five watts or higher power serving the franchise area,
(II) a full-service station or translator if such station or translator is
licensed to a channel reserved for noncommercial educational use pursuant to
section 73.606 of title 47, Code of Federal Regulations, or any successor
regulations thereto, and (III) such stations and translators operating
on channels not so reserved as the Commission determines are qualified as
noncommercial educational stations.
`(2) QUALIFIED LOCAL NONCOMMERCIAL EDUCATIONAL TELEVISION STATION- The
term `qualified local noncommercial educational television station' means
a qualified noncommercial educational television station--
`(A) which is licensed to a principal community whose reference point,
as defined in section 76.53 of title 47, Code of Federal Regulations
(as in effect on March 29, 1990), or any successor regulations thereto,
is within 50 miles of the principal headend of the cable system; or
`(B) whose Grade B service contour, as defined in section 73.683(a) of
such title (as in effect on March 29, 1990), or any successor regulations
thereto, encompasses the principal headend of the cable system.'.

5b5b3df1949565efa2fb37db633b38fe54fdfa872cfc85230a736dbefda07f8c

Section 632 of the Communications Act of 1934 (47 U.S.C. 552) is amended
to read as follows:
`SEC. 632. CONSUMER PROTECTION AND CUSTOMER SERVICE.
`(a) FRANCHISING AUTHORITY ENFORCEMENT- A franchising authority may
establish and enforce--
`(1) customer service requirements of the cable operator; and
`(2) construction schedules and other construction-related requirements,
including construction-related performance requirements, of the cable
operator.
`(b) COMMISSION STANDARDS- The Commission shall, within 180 days of
enactment of the Cable Television Consumer Protection and Competition Act
of 1992, establish standards by which cable operators may fulfill their
customer service requirements. Such standards shall include, at a minimum,
requirements governing--
`(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
standards governing bills and refunds).
`(c) CONSUMER PROTECTION LAWS AND CUSTOMER SERVICE AGREEMENTS-
`(1) CONSUMER PROTECTION LAWS- Nothing in this title shall be construed to
prohibit any State or any franchising authority from enacting or enforcing
any consumer protection law, to the extent not specifically preempted by
this title.
`(2) CUSTOMER SERVICE REQUIREMENT AGREEMENTS- Nothing in this section
shall be construed to preclude a franchising authority and a cable operator
from agreeing to customer service requirements that exceed the standards
established by the Commission under subsection (b). Nothing in this title
shall be construed to 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 the standards set by
the Commission under this section, or that addresses matters not addressed
by the standards set by the Commission under this section.'.

f52570c51b8339c46b34cf4008d963c5049cd1b438b876d07b75325a3f2cdda6

Section 631(a)(2) of the Communications Act of 1934 (47 U.S.C. 551(a)(2))
is amended to read as follows:
`(2) For purposes of this section, other than subsection (h)--
`(A) the term `personally identifiable information' does not include any
record of aggregate data which does not identify particular persons;
`(B) the term `other service' includes 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
`(C) the term `cable operator' includes, in addition to persons within the
definition of cable operator in section 602, any person who (i) is owned or
controlled by, or under common ownership or control with, a cable operator,
and (ii) provides any wire or radio communications service.'.

0215615564d76a52a2955f6112884373f6145a2087edf4252db80889168650ef

The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding
after section 624 the following new section:
`SEC. 624A. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY.
`(a) FINDINGS- The Congress finds that--
`(1) new and recent models of television receivers and video cassette
recorders often contain premium features and functions that are disabled or
inhibited because of cable scrambling, encoding, or encryption technologies
and devices, including converter boxes and remote control devices required
by cable operators to receive programming;
`(2) if these problems are allowed to persist, consumers will be less
likely to purchase, and electronics equipment manufacturers will be less
likely to develop, manufacture, or offer for sale, television receivers and
video cassette recorders with new and innovative features and functions; and
`(3) cable system operators should use technologies that will prevent
signal thefts while permitting consumers to benefit from such features
and functions in such receivers and recorders.
`(b) COMPATIBLE INTERFACES- Within 1 year after the date of enactment of
this section, the Commission, in consultation with representatives of the
cable industry and the consumer electronics industry, shall report to the
Congress on means of assuring compatibility between televisions and video
cassette recorders 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 televisions and video cassette recorders. The
Commission shall issue such regulations as may be necessary to require
the use of interfaces that assure such compatibility.
`(c) RULEMAKING REQUIRED-
`(1) IN GENERAL- Within 1 year after the date of submission of the report
required by subsection (b), the Commission shall prescribe such regulations
as are necessary to increase compatibility between television receivers
equipped with premium functions and features, video cassette recorders,
and cable systems.
`(2) FACTORS TO BE CONSIDERED- In prescribing the regulations required by
this subsection, the Commission shall consider--
`(A) 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' television receivers or video cassette recorders,
while providing effective protection against theft or unauthorized reception
of cable service, including functions that permit the subscriber--
`(i) to watch a program on 1 channel while simultaneously using a video
cassette recorder to tape a program on another channel;
`(ii) to use a video cassette recorder to tape 2 consecutive programs that
appear on different channels; or
`(iii) to use advanced television picture generation and display features;
`(B) the potential for achieving economies of scale by requiring
manufacturers of television receivers to incorporate technologies to
achieve such compatibility in all television receivers;
`(C) the costs and benefits to consumers of imposing compatibility
requirements on cable operators and television manufacturers; and
`(D) 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.
`(3) REGULATIONS REQUIRED- The regulations prescribed by the Commission
under this section shall include such regulations as are necessary--
`(A) to establish the technical requirements that permit a television
receiver or video cassette recorder to be sold as `cable ready';
`(B) to establish procedures by which manufacturers may certify television
receivers that comply with the technical requirements established under
subparagraph (A) of this paragraph in a manner that, at the point of sale
is easily understood by potential purchasers of such receivers;
`(C) provide appropriate penalties for willful misrepresentations concerning
such certifications;
`(D) to promote the commercial availability, from cable operators and
retail vendors that are not affiliated with cable systems, of converters
and of remote control devices compatible with converters;
`(E) to require a cable operator who offers subscribers the option of
renting a remote control unit--
`(i) 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
`(ii) to specify the types of remote control units that are compatible
with the converter box supplied by the cable operator; and
`(F) to 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.
`(d) REVIEW OF REGULATIONS- The Commission shall periodically review and,
if necessary, modify the regulations issued pursuant to this section
in light of any actions taken in response to regulations issued under
subsection (c) and to reflect improvements and changes in cable systems,
television receivers, video cassette recorders, and similar technology.
`(e) FEASIBILITY AND COST- The Commission shall adopt standards under this
section that are technologically and economically feasible. In determining
the feasibility of such standards, the Commission shall take into account
the cost and benefit to cable subscribers and purchasers of television
receivers of such standards.'.

93fb8fa8b1184d30c6819ad9748fce971fa245e5f75e0e389ff22d8f5de10439

Section 624(d) of the Communications Act of 1934 (47 U.S.C. 544(d)) is
amended by adding at the end the following new paragraph:
`(3)(A) If a cable operator provides a premium channel without charge
to cable subscribers who do not subscribe to such premium channel, the
cable operator shall, not later than 30 days before such premium channel
is provided withouth charge--
`(i) notify all cable subscribers that the cable operator plans to provide
a premium channel without charge,
`(ii) notify all cable subscribers when the cable operator plans to offer
a premium channel without charge,
`(iii) notify all cable subscribers that they have a right to request that
the channel carrying the premium channel be blocked, and
`(iv) block the channel carrying the premium channel upon the request of
a subscriber.
`(B) For the purpose of this section, the term `premium channel' shall
mean any pay service offered on a per channel or per program basis, which
offers movies rated by the Motion Picture Association as X, NR-17, or R.'.

f19c73a4b46b1ab68c6c4fcfe65e60a10849bd9e5d36a5b10decba4a1f3c4108

(a) TECHNICAL STANDARDS- Section 624(e) of the Communications Act of 1934
(47 U.S.C. 544(e)) is amended to read as follows:
`(e) Within one year after the date of enactment of the Cable Television
Consumer Protection and Competition Act of 1992, the Commission shall
prescribe regulations which establish minimum technical standards relating
to cable systems' technical operation and signal quality. The Commission
shall update such standards periodically to reflect improvements in
technology. A franchising authority may require as part of a franchise
(including a modification, renewal, or transfer thereof) provisions for
the enforcement of the standards prescribed under this subsection. A
franchising authority may apply to the Commission for a waiver to impose
standards that are more stringent than the standards prescribed by the
Commission under this subsection.'.
(b) EMERGENCY ANNOUNCEMENTS- Section 624 of such Act is further amended
by adding at the end the following new subsection:
`(g) Notwithstanding any such rule, regulation, or order, each cable operator
shall comply with such standards as the Commission shall prescribe to ensure
that viewers of video programming on cable systems are afforded the same
emergency information as is afforded by the emergency broadcasting system
pursuant to Commission regulations in subpart G of part 73, title 47,
Code of Federal Regulations.'.
(c) PROGRAMMING CHANGES- Section 624 of such Act is further amended--
(1) in subsection (b)(1), by inserting `, except as provided in subsection
(h),' after `but may not'; and
(2) by adding at the end the following new subsection:
`(h) A franchising authority may require a cable operator to do any one
or more of the following:
`(1) to provide 30 days advance written notice of any change in channel
assignment or in the video programming service provided over any such
channel;
`(2) to inform subscribers, via written notice, that comments on programming
and channel position changes are being recorded by a designated office of
the franchising authority.'.

c8b2ec406cf3559f47373b97135c146814b1df1e1ce08dad259b21d62633ebab

DISTRIBUTION.
Part III of title VI of the Communications Act of 1934 is amended by
inserting after section 627 (47 U.S.C. 547) the following new section:
`SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING
DISTRIBUTION.
`(a) PURPOSE- The purpose of this section is to promote the public interest,
convenience, and necessity by increasing competition and diversity in
the multichannel video programming market, to increase the availability
of satellite cable programming to persons in rural and other areas not
currently able to receive such service, and to spur the development of
communications technologies.
`(b) PROHIBITION- It shall be unlawful for a cable operator or a satellite
cable programming vendor in which a cable operator has an attributable
interest in violation of any regulation prescribed under subsection (c)
to engage in unfair methods of competition or unfair or deceptive acts or
practices, the purpose or effect of which is to hinder significantly or
to prevent any multichannel video programming distributor from providing
satellite cable programming to subscribers or consumers.
`(c) REGULATIONS REQUIRED-
`(1) PROCEEDING REQUIRED- Within 180 days after the enactment of this Act,
the Commission shall, in order to promote the public interest, convenience,
and necessity by increasing competition and diversity in the multichannel
video programming market and the continuing development of communications
technologies, prescribe regulations to specify the conduct that is prohibited
by subsection (b).
`(2) MINIMUM CONTENTS OF REGULATIONS- The regulations to be promulgated
under this section shall--
`(A) establish effective safeguards to prevent a cable operator which
has an attributable interest in a satellite cable programming vendor from
unduly or improperly influencing the decision of such vendor to sell, or
the price, terms, and conditions of sale of, satellite cable programming
to any unaffiliated multichannel video programming distributor;
`(B) prohibit discrimination by a satellite cable programming vendor in
which a cable operator has an attributable interest in the price, terms,
and conditions in the sale or delivery of satellite cable programming
among or between cable systems, cable operators, or their agents or buying
groups, or other multichannel video programming distributors; except that
such a satellite cable programming vendor in which a cable operator has
an attributable interest shall not be prohibited from--
`(i) imposing reasonable requirements for creditworthiness, offering of
service, and financial stability and standards regarding character and
technical quality;
`(ii) establishing different prices, terms, and conditions to take into
account actual and reasonable differences in the cost of creation, sale,
delivery, or transmission of satellite cable programming;
`(iii) establishing different price, terms, and conditions which take into
account reasonable volume discounts based on the number of subscribers
served by the distributor; or
`(iv) entering into an exclusive contract that is permitted under
subparagraph (D);
`(C) prohibit practices, understandings, arrangements, or activities,
including exclusive contracts for satellite cable programming between a
cable operator and a cable satellite programming vendor, which prevent a
multichannel video programming distributor from obtaining such programming
from any satellite cable programming vendor in which a cable operator has
an attributable interest for distribution to persons in areas not served
by a cable operator as of the date of enactment of this section; and
`(D) with respect to distribution to persons in areas served by a cable
operator, prohibit exclusive contracts for satellite cable programming
between a cable operator and a satellite cable programming vendor in which
a cable operator has an attributable interest, unless the Commission
determines (in accordance with paragraph (4)) that such contract is in
the public interest.
`(3) GEOGRAPHIC LIMITATIONS- Nothing in this section shall require any person
who is engaged in the national or regional distribution of video programming
to make such programming available in any geographic area beyond which
such programming has been authorized or licensed for distribution. Nothing
in this section shall apply to the signal of any broadcast affiliate of a
national television network or other television signal that is retransmitted
by satellite, and shall not apply to any internal satellite communication
of any broadcast network or cable network, except that satellite broadcast
programming shall be subject to the requirements of this section.
`(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CONTRACTS- In determining
whether an exclusive contract is in the public interest for purposes of
paragraph (2)(D), the Commission shall consider each of the following
factors with respect to the effect of such contract on the distribution
of video programming in areas that are served by a cable operator:
`(A) the effect of such exclusive contract on the development of competition
in local and national multichannel video programming distribution markets;
`(B) the effect of such exclusive contract on competition from multichannel
video programming distribution technologies other than cable;
`(C) the effect of such exclusive contract on the attraction of capital
investment in the production and distribution of new satellite cable
programming;
`(D) the effect of such exclusive contract on diversity of programming in
the multichannel video programming distribution market; and
`(E) the duration of the exclusive contract.
`(5) SUNSET PROVISION- The prohibition required by paragraph (2)(D) shall
cease to be effective 10 years after the date of enactment of this Act.
`(d) ADJUDICATORY PROCEEDING- Any multichannel video programming distributor
aggrieved by conduct that it alleges constitutes a violation of this
section, or the implementing regulations of the Commission under this
section, may commence an adjudicatory proceeding at the Commission.
`(e) REMEDIES FOR VIOLATIONS-
`(1) REMEDIES AUTHORIZED- Upon completion of such adjudicatory proceeding,
the Commission shall have the power to order appropriate remedies, including,
if necessary, the power to establish price, terms, and conditions of sale
of programming to the aggrieved multichannel video programming distributor.
`(2) ADDITIONAL REMEDIES- The remedies provided in paragraph (1) are in
addition to and not in lieu of the remedies available under title V or
any other provision of this Act.
`(f) PROCEDURES- The Commission shall prescribe regulations to implement
this section. The Commission's regulations shall--
`(1) provide for an expedited review of any complaints made pursuant to
this section;
`(2) establish procedures for the Commission to collect such data, including
the right to obtain copies of all contracts and documents reflecting
arrangements and understandings alleged to violate this section, as the
Commission requires to carry out this section; and
`(3) provide for any penalties to be assessed against any person filing
a frivolous complaint pursuant to this section.
`(g) REPORTS- The Commission shall, beginning not later than 18 months after
promulgation of the regulations required by subsection (c), annually report
to Congress on the status of competition in the market for the delivery
of video programming.
`(h) EXEMPTIONS FOR PRIOR CONTRACTS-
`(1) IN GENERAL- Nothing in this section shall affect any contract
that grants exclusive distribution rights to any person with respect to
satellite cable programming and that was entered into on or before June 1,
1990, except that the provisions of subsection (c)(2)(C) shall apply for
distribution to persons in areas not served by a cable operator.
`(2) LIMITATION ON RENEWALS- A contract that was entered into on or before
June 1, 1990, but that is renewed or extended after the date of enactment
of this section shall not be exempt under paragraph (1) of this subsection.
`(i) APPLICABILITY OF ANTITRUST LAWS; NO ANTITRUST IMMUNITY- Nothing in
this section shall be construed to alter or restrict in any manner the
applicability of any Federal or State antitrust law.
`(j) DEFINITIONS- As used in this section:
`(1) The term `satellite cable programming vendor' means a person engaged
in the production, creation, or wholesale distribution of a satellite
cable programming service for sale.
`(2) The terms `cable system', `multichannel video programming distributor',
and `video programming' have the meanings provided under section 602 of
this Act.
`(3) The term `satellite cable programming' has the meaning provided under
section 705 of the Act.
`(4) The term `satellite broadcast programming' means broadcast programming,
other than programming of an affiliate of a national network, when such
programming is retransmitted by satellite and the entity retransmitting
such programming is not the broadcaster or an entity performing such
retransmission on behalf of and with the specific consent of the
broadcaster.'.

9d6e6b04e4178829dc7259c638874e8e2f4103c16d261467f686edc82cb92213

Part II of title VI of the Communications Act of 1934 is amended by adding
at the end the following new section:
`SEC. 616. REGULATION OF CARRIAGE AGREEMENTS.
`(a) REGULATIONS- Within one year after the date of enactment of this
section, the Commission shall establish regulations governing program
carriage agreements and related practices between cable operators or
other multichannel video programming distributors and video programming
vendors. Such regulations shall--
`(1) include provisions designed to prevent a cable operator or other
multichannel video programming distributor from requiring a financial
interest in a program service as a condition for carriage on one or more
of such operator's systems;
`(2) include provisions designed to prohibit a cable operator or other
multichannel video programming distributor from coercing a video programming
vendor to provide, and from retaliating against such a vendor for failing
to provide, exclusive rights against other multichannel video programming
distributors as a condition of carriage on a system;
`(3) contain provisions designed to prevent a multichannel video programming
distributor from engaging in conduct the effect of which is to unreasonably
restrain the ability of an unaffiliated video programming vendor to compete
fairly by discriminating in video programming distribution on the basis
of affiliation or nonaffiliation of vendors in the selection, terms,
or conditions for carriage of video programming provided by such vendors;
`(4) provide for expedited review of any complaints made by a video
programming vendor pursuant to this section;
`(5) provide for appropriate penalties and remedies for violations of this
subsection, including carriage; and
`(6) provide penalties to be assessed against any person filing a frivolous
complaint pursuant to this section.
`(b) DEFINITION- As used in this section, the term `video programming
vendor' means a person engaged in the production, creation, or wholesale
distribution of a video programming service for sale.'.

4c368e056a59b68a012d1ba6abd19cb557f2f5c797bbf14ab5e0e74892d937f3

(a) FINDINGS- The Congress finds and declares that--
(1) despite the existence of regulations governing equal employment
opportunity, females and minorities are not employed in significant numbers
in positions of management authority in the cable television and broadcast
industries;
(2) increased numbers of females and minorities in positions of management
authority in the cable television and broadcast industries advances the
Nation's policy favoring diversity in the expression of views in the
electronic media; and
(3) rigorous enforcement of equal employment opportunity rules and
regulations is required in order to effectively deter racial and gender
discrimination.
(b) STANDARDS- Section 634(d)(1) of the Communication Act of 1934 (47
U.S.C. 554(d)(1)) is amended to read as follows:
`(d)(1) Not later than 270 days after the date of enactment of the
Cable Television Consumer Protection and Competition Act of 1992, of this
section, and after notice and opportunity for hearing, the Commission shall
prescribe revisions in the rules under this section in order to implement
the amendments made to this section by such Act. Such revisions shall
be designed to promote equality of employment opportunities for females
and minorities in each of the job categories itemized in paragraph (3)
of this subsection.'.
(c) CONTENTS OF ANNUAL STATISTICAL REPORTS- Section 634(d)(3) of the
Communications Act of 1934 (47 U.S.C. 554(d)(3)) is amended to read
as follows:
`(3)(A) Such rules also shall require an entity specified in subsection (a)
with more than 5 full-time employees to file with the Commission an annual
statistical report identifying by race, sex, and job title the number of
employees in each of the following full-time and part-time job categories:
`(i) Corporate officers.
`(ii) General Manager.
`(iii) Chief Technician.
`(iv) Comptroller.
`(v) General Sales Manager.
`(vi) Production Manager.
`(vii) Managers.
`(viii) Professionals.
`(ix) Technicians.
`(x) Sales.
`(xi) Office and Clerical.
`(xii) Skilled Craftspersons.
`(xiii) Semiskilled Operatives.
`(xiv) Unskilled Laborers.
`(xv) Service Workers.
`(B) The report required by subparagraph (A) shall be made on separate
forms, provided by the Commission, for full-time and part-time employees. The
Commission's rules shall sufficiently define job categories (i) through (vi)
of such subparagraph so as to ensure that only employees who are principal
decisionmakers and that have supervisory authority are reported for such
categories. The Commission shall adopt rules that define job categories
(vii) through (xv) in a manner that is consistent with the Commission
policies in effect on June 1, 1990. The Commission shall prescribe the
method by which entities shall be required to compute and report the number
of minorities and women in job categories (i) through (x) and the number
of minorities and women in job categories (i) through (xv) in proportion
to the total number of qualified minorities and women in the relevant
labor market. The report shall include information on hiring, promotion,
and recruitment practices necessary for the Commission to evaluate the
efforts of entities to comply with the provisions of paragraph (2) of this
subsection. The report shall be available for public inspection at the
entity's central location and at every location where 5 or more full-time
employees are regularly assigned to work. Nothing in this subsection shall
be construed as prohibiting the Commission from collecting or continuing
to collect statistical or other employment information in a manner that
it deems appropriate to carry out this section.'.
(d) PENALTIES- Section 634(f)(2) of such Act is amended by striking `$200'
and inserting `$500'.
(e) APPLICATION OF REQUIREMENTS- Section 634(h)(1) of such Act is further
amended by inserting before the period the following: `and any multichannel
video programming distributor'.
(f) STUDY AND REPORT REQUIRED- Not later than 240 days after the date of
enactment of the Cable Television Consumer Protection and Competition Act
of 1992, the Commission shall submit to the Congress a report pursuant to a
proceeding to review and obtain public comment on the effect and operation
of its procedures, regulations, policies, standards, and guidelines
concerning equal employment opportunity in the broadcasting industry. In
conducting such review, the Commission shall consider the effectiveness
of such procedures, regulations, policies, standards, and guidelines in
promoting equality of employment opportunity and promotion opportunity, and
particularly the effectiveness of such procedures, regulations, policies,
standards, and guidelines in promoting the congressional policy favoring
increased employment opportunity for women and minorities in positions of
management authority. In conducting such proceeding the Commission also
shall review the effectiveness of penalties and remedies for violation
of existing regulations and policies concerning equality of employment
opportunity in the broadcasting industry. The Commission shall forward to
the Congress such legislative recommendations to improve equal employment
opportunity in the broadcasting industry as it deems necessary.
(g) BROADCASTING EQUAL EMPLOYMENT OPPORTUNITY- Part II of title VI of the
Communications Act of 1934 is amended by adding at the end thereof the
following new section:
`SEC. 617. EQUAL EMPLOYMENT OPPORTUNITY OBLIGATIONS OF MUST-CARRY STATIONS.
`(a) APPLICATION OF SECTION- This section shall apply to--
`(1) the licensee for any television broadcasting station that is eligible
for carriage under section 614 or 615; and
`(2) any corporation, partnership, association, joint-stock company, trust,
or affiliate or subsidiary thereof engaged primarily in the management or
operation of any such licensee.
`(b) EQUAL EMPLOYMENT OPPORTUNITY REQUIRED- Equal opportunity in employment
shall be afforded by each entity specified in subsection (a), and no person
shall be discriminated against in employment by such entity because of race,
color, religion, national origin, age, or sex.
`(c) EMPLOYMENT POLICIES AND PRACTICES REQUIRED- Any entity specified in
subsection (a) shall 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. Under
the terms of its programs, such entity shall--
`(1) define the responsibility of each level of management to ensure
a positive application and vigorous enforcement of its policy of equal
opportunity, and establish a procedure to review and control managerial
and supervisory performance;
`(2) inform its employees and recognized employee organizations of the
equal employment opportunity policy and program and enlist their cooperation;
`(3) communicate its equal employment opportunity policy and program and
its employment needs to sources of qualified applicants without regard
to race, color, religion, national origin, age, or sex, and solicit their
recruitment assistance on a continuing basis;
`(4) conduct a continuing program to exclude every form of prejudice
or discrimination based on race, color, religion, national origin, age,
or sex, from its personnel policies and practices and working conditions; and
`(5) conduct a continuing review of job structure and employment practices
and adopt positive recruitment, training, job design, and other measures
needed to ensure genuine equality of opportunity to participate fully in
all its organizational units, occupations, and levels of responsibility.
`(d) COMMISSION RULES REQUIRED-
`(1) DEADLINE FOR RULES- Not later than 270 days after the date of
enactment of this section, and after notice and opportunity for hearing,
the Commission shall prescribe rules to carry out this section.
`(2) CONTENT OF RULES- Such rules shall specify the terms under which an
entity specified in subsection (a) shall, to the extent possible--
`(A) disseminate its equal opportunity program to job applicants, employees,
and those with whom it regularly does business;
`(B) use minority organizations, organizations for women, media, educational
institutions, and other potential sources of minority and female applicants,
on an ongoing basis as a potential source of referrals for whenever jobs
may become available;
`(C) evaluate its employment profile and job turnover against the
availability of minorities and women in its service area;
`(D) undertake to offer promotions of minorities and women to positions
of greater responsibility;
`(E) encourage minority and female entrepreneurs to conduct business with
all parts of its operation; and
`(F) analyze the results of its efforts to recruit, hire, promote, and
use the service of minorities and women and explain any difficulties
encountered in implementing its equal employment opportunity program.
`(3) REPORTS REQUIRED- Such rules also shall require an entity specified
in subsection (a) with more than 5 full-time employees to file with the
Commission an annual statistical report identifying by race and sex the
number of employees in each of the following full-time and part-time
job categories--
`(A) Corporate officers.
`(B) General Manager.
`(C) Chief Technician.
`(D) Comptroller.
`(E) General Sales Manager.
`(F) Production Manager.
`(G) Managers.
`(H) Professionals.
`(I) Technicians.
`(J) Sales.
`(K) Office and Clerical.
`(L) Skilled Craftspersons.
`(M) Semiskilled Operatives.
`(N) Unskilled Laborers.
`(O) Service Workers.
`(4) ADDITIONAL CONTENTS OF REPORTS- In addition, such report shall state
the number of job openings occurring during the course of the year and
(A) shall certify that the openings were filled in accordance with the
program required by subsection (c), or (B) shall contain a statement
providing reasons for not filling such positions in accordance with such
program. The statistical report shall be available to the public at the
central office and at every location where more than 5 full-time employees
are regularly assigned to work.
`(5) RULES AMENDMENTS- The Commission may amend such rules from time to time
to the extent necessary to carry out the provisions of this section. Any
such amendment shall be made after notice and opportunity for comment.
`(e) ENFORCEMENT-
`(1) ANNUAL CERTIFICATION- On an annual basis, the Commission shall certify
each entity described in subsection (a) as in compliance with this section
if, on the basis of information in the possession of the Commission,
including the report filed pursuant to subsection (d)(3), such entity was
in compliance, during the annual period involved, with the requirements
of subsections (b), (c), and (d).
`(2) LICENSE RENEWAL REVIEWS- The Commission shall, at the time of license
renewal, review the employment practices of each entity described in
subsection (a), in the aggregate, as well as in individual job categories,
and determine whether such entity is in compliance with the requirements of
subsections (b), (c), and (d), including whether such entity's employment
practices deny or abridge minorities and women equal opportunities. As part
of such investigation, the Commission shall review whether the entity's
reports filed pursuant to subsection (d)(3) accurately reflect employee
responsibilities in the reported job classifications and accurately
reflect compliance with the equal employment opportunity plan in filing
its annual reports.
`(f) COMPLAINTS- Employees or applicants for employment who believe they
have been discriminated against in violation of the requirements of this
section, or rules under this section, or any other interested person,
may file a complaint with the Commission. A complaint by any such person
shall be in writing, and shall be signed and sworn to by that person. The
rules prescribed under subsection (d)(1) shall specify a program, under
authorities otherwise available to the Commission, for the investigation
of complaints and violations, and for the enforcement of this section.
`(g) PENALTIES-
`(1) IN GENERAL- Any person who is determined by the Commission, through
an investigation pursuant to subsection (e) or otherwise, to have failed
to meet or failed to make best efforts to meet the requirements of this
section, or rules under this section, shall be liable to the United States
for a forfeiture penalty of $200 for each violation. Each day of continuing
violation shall constitute a separate offense. Any entity defined in
subsection (a) shall not be liable for more than 180 days of forfeitures
which accrued prior to notification by the Commission of a potential
violation. Nothing in this paragraph shall limit the forfeiture imposed on
any person as a result of any violation that continues subsequent to such
notification. In addition, any person liable for such penalty may also have
any license under this Act conditioned, suspended, or revoked. Whoever
knowingly makes any false statement or submits documentation which he
knows to be false, pursuant to an application for certification under this
section shall be in violation of this section.
`(2) ADDITIONAL REMEDIES- The provisions of paragraphs (2)(D), (3), and
(4), of section 503(b) shall apply to forfeitures under this subsection.
`(3) NOTICE OF PENALTIES- The Commission shall provide for notice to the
public of any penalty imposed under this section.
`(h) EFFECT ON OTHER LAWS- Nothing in this section shall affect the
authority of any State or local government--
`(1) to establish or enforce any requirement which is consistent with
the requirements of this section, including any requirement which affords
equal employment opportunity protection for employees; or
`(2) to establish or enforce any provision requiring or encouraging any
entity specified in subsection (a) to conduct business with enterprises
which are owned or controlled by members of minority groups (as defined in
section 309(i)(3)(C)(ii)) or which have their principal operations located
within the local service area of such entity.'.

88b425e496d872ddd30edf87efbf1566cf4b208ae4880f51f9506a76a8709012

Section 624 of the Communications Act of 1934 (47 U.S.C. 544) is amended
by adding at the end the following new subsection:
`(i) Within 120 days after the date of enactment of this subsection,
the Commission shall prescribe rules concerning the disposition, after a
subscriber to a cable system terminates service, of any cable installed
by the cable operator within the premises of such subscriber.'.

b08de09b2e40fcbdf535f232deb571d49e3c6c14919af6b055b909881d7bd4a1

Part II of title VI of the Communications Act of 1934 is further amended
by adding at the end thereof the following new section:
`SEC. 618. SALES OF CABLE SYSTEMS.
`(a) 3-YEAR HOLDING PERIOD REQUIRED- Except as provided in this section,
no cable operator may sell or otherwise transfer ownership in a cable
system within a 36-month period following either the acquisition or initial
construction of such system by such operator.
`(b) TREATMENT OF MULTIPLE TRANSFERS- In the case of a sale of multiple
systems, if the terms of the sale require the buyer to subsequently transfer
ownership of one or more such systems to one or more third parties, such
transfers shall be considered a part of the initial transaction.
`(c) EXCEPTIONS- Subsection (a) of this section shall not apply to--
`(1) any transfer of ownership interest in any cable system which is not
subject to Federal income tax liability;
`(2) any sale required by operation of any law or any act of any Federal
agency, any State or political subdivision thereof, or any franchising
authority; or
`(3) any sale, assignment, or transfer, to one or more purchasers, assignees,
or transferees controlled by, controlling, or under common control with,
the seller, assignor, or transferor.
`(d) WAIVER AUTHORITY- The Commission may, consistent with the public
interest, waive the requirement of subsection (a), except that, if
the franchise requires franchise authority approval of a transfer, the
Commission shall not waive such requirements unless the franchise authority
has approved the transfer.
`(e) LIMITATION ON DURATION OF FRANCHISING AUTHORITY POWER TO DISAPPROVE
TRANSFERS- In the case of any sale or transfer of ownership of any cable
system after the 36-month period following acquisition of such system, a
franchising authority shall, if the franchise requires franchising authority
approval of a sale or transfer, have 120 days to act upon any request for
approval of such sale or transfer that contains or is accompanied by such
information as is required in accordance with Commission regulations and
by the franchising authority. If the franchising authority fails to render
a final decision on the request within 120 days, such request shall be
deemed granted unless the requesting party and the franchising authority
agree to an extension of time.'.

61970d8f089fe8ddb7d7907a47bde4b47dd22f4d9a2765c28514d4d34f095738

(a) AMENDMENT- Part IV of title VI of the Communications Act of 1934
is amended by inserting after section 635 (47 U.S.C. 555) the following
new section:
`SEC. 635A. LIMITATION OF FRANCHISING AUTHORITY LIABILITY.
`(a) SUITS FOR DAMAGES PROHIBITED- In any court proceeding pending on
or initiated after the date of enactment of this section involving any
claim against a franchising authority or other governmental entity, or any
official, member, employee, or agent of such authority or entity, arising
from the regulation of cable service or from a decision of approval or
disapproval with respect to a grant, renewal, transfer, or amendment of a
franchise, any relief, to the extent such relief is required by any other
provision of Federal, State, or local law, shall be limited to injunctive
relief and declaratory relief.
`(b) EXCEPTION FOR COMPLETED CASES- The limitation contained in subsection
(a) shall not apply to actions that, prior to such violation, have been
determined by a final order of a court of binding jurisdiction, no longer
subject to appeal, to be in violation of a cable operator's rights.
`(c) DISCRIMINATION CLAIMS PERMITTED- Nothing in this section shall be
construed as limiting the relief authorized with respect to any claim
against a franchising authority or other governmental entity, or any
official, member, employee, or agent of such authority or entity, to the
extent such claim involves discrimination on the basis of race, color,
sex, age, religion, national origin, or handicap.
`(d) RULE OF CONSTRUCTION- Nothing in this section shall be construed as
creating or authorizing liability of any kind, under any law, for any
action or failure to act relating to cable service or the granting of
a franchise by any franchising authority or other governmental entity,
or any official, member, employee, or agent of such authority or entity.'.
(b) CONFORMING AMENDMENT- Section 635(b) of the Communications Act of 1934
(47 U.S.C. 555(b)) is amended by inserting `and with the provisions of
section 635(a)' after `subsection (a)'.

df5c7b68c2b4816b353fb9fa8a77d386f4068b2e1e4c425a05243a0618370598

(a) RATES, TERMS, AND CONDITIONS- Section 612(c) of the Communications
Act of 1934 (47 U.S.C. 532(c)) is amended--
(1) in paragraph (1), by striking `consistent with the purpose of this
section' and inserting `consistent with regulations prescribed by the
Commission under paragraph (4)'; and
(2) by adding at the end thereof the following new paragraph:
`(4) The Commission shall, not later than 180 days after the date of
enactment of the Cable Television Consumer Protection and Competition Act
of 1992, by regulation establish--
`(A) a formula to determine the maximum rates which a cable operator may
establish under paragraph (1) of this subsection;
`(B) standards concerning the terms and conditions which may be so
established;
`(C) standards concerning methods for collection and billing for commercial
use of channel capacity made available under this section; and
`(D) procedures for the expedited resolution of disputes concerning rates
or carriage under this section.'.
(b) ACCESS FOR QUALITY MINORITY PROGRAMMING SOURCES AND QUALIFIED EDUCATIONAL
PROGRAMMING SOURCES- Section 612 of such Act is further amended by adding
at the end thereof the following new subsection:
`(i)(1) Notwithstanding the provisions of subsections (b) and (c), a
cable operator required by this section to designate channel capacity
for commercial use may 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. The channel capacity used to provide
programming from a qualified minority programming source or from any
qualified educational programming source pursuant to this subsection may
not exceed 33 percent of the channel capacity designated pursuant to this
section. No programming provided over a cable system on July 1, 1990,
may qualify as minority programming or educational programming on that
cable system under this subsection.
`(2) For purposes of this subsection, the term `qualified minority
programming source' means a programming source which devotes significantly
all of its programming to coverage of minority viewpoints, or to
programming directed at members of minority groups, and which is over
50 percent minority-owned, as the term `minority' is defined in section
309(i)(3)(C)(ii) of this Act.
`(3) For purposes of this subsection, the term `qualified educational
programming source' means a programming source which devotes significantly
all of its programming to educational or instructional programming of such a
nature that it promotes public understanding of mathematics, the sciences,
the humanities, and the arts and has a documented annual expenditure on
programming exceeding $15,000,000. Programming expenditures shall mean
all annual costs incurred by the channel originator to produce or acquire
programs which are scheduled to appear on air, and shall specifically
exclude marketing, promotion, satellite transmission and operational costs,
and general administrative costs. Nothing in this subsection shall substitute
for the requirements to carry qualified noncommercial educational television
stations as specified under section 615.'.

9dc6ad16858b0c5da1c85bc7bf5291102c69c8f6770f3ff457c02ca3a73b654a

(a) FINDINGS- The Congress finds that--
(1) restrictions on alien or foreign ownership of broadcasting and common
carriers first were enacted by Congress in the Radio Act of 1912;
(2) cable television service currently is available to more than 90 percent
of American households, more than 62 percent of American households subscribe
to such services, and the majority of viewers rely on cable as the conduit
through which they receive terrestrial broadcast signals;
(3) many Americans receive a significant portion of their daily news,
information, and entertainment programming from cable television systems,
and such systems should not be controlled by foreign entities; and
(4) the policy justifications underlying restrictions on alien ownership
of broadcast or common carrier licenses have equal application to alien
ownership of cable television systems, direct broadcast satellite systems,
and multipoint distribution services.
(b) AMENDMENT TO COMMUNICATIONS ACT- Section 310(b) of the Communications
Act of 1934 (47 U.S.C. 310(b)) is amended--
(1) by redesignating paragraphs (1) through (4) as subparagraphs (A)
through (D);
(2) by inserting `(1)' after `(b)'; and
(3) by adding at the end thereof the following new paragraphs:
`(2)(A) No cable system (as such term is defined in section 602) in
the United States shall be owned or otherwise controlled by any alien,
representative, or corporation described in subparagraph (A), (B), (C),
or (D) of paragraph (1) of this subsection.
`(B) Subparagraph (A) of this paragraph shall not be applied--
`(i) to require any such alien, representative, or corporation to sell or
dispose of any ownership interest held or contracted for on or before June
1, 1990, or acquired in accordance with clause (ii); or
`(ii) to prohibit any such alien, representative, or corporation that
owns, has contracted on or before June 1, 1990, to acquire ownership, or
otherwise controls, any cable system from acquiring ownership or control of
additional cable systems if the total number of households passed by all
the cable systems that such alien, representative, or corporation would,
as a result of such acquisition, own or control does not exceed 2,000,000.
`(3)(A) For purposes of paragraph (1) of this subsection, a license or
authorization for any of the following services shall be deemed to be a
broadcast station license:
`(i) cable auxiliary relay services;
`(ii) multipoint distribution services;
`(iii) direct broadcast satellite services; and
`(iv) other services the licensed facilities of which may be substantially
devoted toward providing programming or other information services within
the editorial control of the licensee.
`(B) Subparagraph (A) of this paragraph shall not be applied to any cable
operator to the extent that such operator is eligible for the exemptions
contained in subparagraph (B) of paragraph (2).'.

0c210a13cc1040a8b6b4118be531993c13971bf9e9aee541a90017f1f487ce63

Section 633(b) of the Communications Act of 1934 (47 U.S.C. 533(b))
is amended--
(1) in paragraph (2)--
(A) by striking `$25,000' and inserting `$50,000';
(B) by striking `1 year' and inserting `2 years';
(C) by striking `$50,000' and inserting `$100,000'; and
(D) by striking `2 years' and inserting `5 years'; and
(2) by adding at the end thereof the following new paragraph:
`(3) For purposes of all penalties and remedies established for violations
of subsection (a)(1), the prohibited activity established herein as it
applies to each such device shall be deemed a separate violation.'.

216aadec43146a54c86e9af3ccd2d1dc22b83e0dbe81021ed94add30f86e9b5f

(a) STUDY OF VIDEO PROGRAMMING DIVERSITY AND COMPETITION-
(1) COMMISSION STUDY AND RULEMAKING- The Commission shall conduct a
rulemaking proceeding to review and study to determine 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. In conducting such proceeding, the Commission--
(A) shall consider the necessity and appropriateness of imposing limitations
on the degree to which multichannel video programming distributors may
engage in the creation or production of such programming; and
(B) shall impose limitations on the proportion of the market, at any stage
in the distribution of video programming, which may be controlled by any
multichannel video programming distributor or other person engaged in
such distribution.
(2) REPORT- Within one year after the date of enactment of this Act,
the Commission shall submit a report on the review and study required
by paragraph (1) to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and Transportation
of the Senate. Thereafter, the Commission shall continue to monitor (and
summarize in the Commission's annual reports) the status of diversity and
competition in the marketplace for video programming.
(3) PROCEEDING REQUIRED TO REVIEW DBS RESPONSIBILITIES- The Federal
Communications Commission shall, within 180 days after the date of enactment
of this Act, initiate a rulemaking proceeding to impose, with respect to
any direct broadcast satellite system that is not regulated as a common
carrier under title II of the Communications Act of 1934, public interest
or other requirements on direct broadcast satellite systems providing video
programming. Any regulations prescribed pursuant to such rulemaking shall,
at a minimum, apply the access to broadcast time requirement of section
312(a)(7) of the Communications Act of 1934 and the use of facilities
requirements of section 315 of such Act to direct broadcast satellite
systems providing video programming.  Such proceeding also shall examine
the opportunities that the establishment of such systems provide for
the principle of localism under such Act, and the methods by which such
principle may be served through technological and other developments in,
or regulation of, such systems.
(4) PUBLIC SERVICE USE REQUIREMENTS- The Federal Communications Commission
shall require, as a condition of any initial authorization, or renewal
thereof, for a direct broadcast satellite service providing video
programming, that the provider of such service reserve not less than 4
percent or more than 7 percent of the channel capacity of such service
exclusively for noncommercial public service uses. A provider of direct
broadcast satellite service may use any unused channel capacity designated
pursuant to this paragraph until the use of such channel capacity is
obtained, pursuant to a written agreement, for public service use. The
direct broadcast satellite service provider may recover only the direct
costs of transmitting public service programming on the channels reserved
under this subsection.
(5) STUDY PANEL- There is established a study panel which shall be comprised
of a representative of the Corporation for Public Broadcasting, the
National Telecommunications and Information Administration, and the Office
of Technology Assessment selected by the head of each such entity. Such
study panel shall within 2 years after the date of enactment of this Act,
submit a report to the Congress containing recommendations on--
(A) methods and strategies for promoting the development of programming for
transmission over the public use channels reserved pursuant to paragraph
(4)(A);
(B) 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
(C) identifying existing and potential sources of funding for administrative
and production costs for such public use programming.
(6) DEFINITIONS- As used in this subsection--
(A) the term `direct broadcast satellite systems' includes (i) satellite
systems licensed under part 100 of the Federal Communications Commission's
rules, and (ii) high power Ku-band fixed service satellite systems
providing video service directly to the home and licensed under part 25
of the Federal Communications Commission's rules; and
(B) the term `public service uses' includes--
(i) programming produced by public telecommunications entities, including
programming furnished to such entities by independent production services;
(ii) programming produced by public or private educational institutions
or entities for educational, instructional, or cultural purposes; and
(iii) programming produced by any entity to serve the disparate needs of
specific communities of interest, including linguistically distinct groups,
minority and ethnic groups, and other groups.
(b) SPORTS PROGRAMMING MIGRATION STUDY AND REPORT-
(1) STUDY REQUIRED- The Federal Communications Commission shall 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. The study shall investigate and analyze, on
a sport-by-sport basis, trends in the migration of such programming from
carriage by broadcast stations to carriage over cable programming networks
and pay-per-view systems, including the economic causes and the economic
and social consequences of such trends.
(2) REPORT ON STUDY- The Federal Communications Commission shall, on
or before July 1, 1993, and July 1, 1994, submit an interim and a final
report, respectively, on the results of the study required by paragraph (1)
to the Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate. Such
reports shall include a statement of the results, on a sport-by-sport basis,
of the analysis of the trends required by paragraph (1) and such legislative
or regulatory recommendations as the Commission considers appropriate.
(3) ANALYSIS OF PRECLUSIVE CONTRACTS REQUIRED- In conducting the study
required by paragraph (1), the Commission shall analyze the extent to
which preclusive contracts between college athletic conferences and video
programming vendors have artificially and unfairly restricted the supply
of the sporting events of local colleges for broadcast on local television
stations. In conducting such analysis, the Commission shall consult with the
Attorney General to determine whether and to what extent such preclusive
contracts are prohibited by existing statutes. The report required by
paragraph (2) shall include a separate statement of the results of the
analysis required by this paragraph, together with such recommendations
for legislation as the Commission considers necessary and appropriate. For
purposes of the paragraph, the term `preclusive contract' includes any
contract that prohibits--
(A) the live broadcast by a local television station of a sporting event
of a local college team that is not carried, on a live basis, by any cable
system within the local community served by such local television station; or
(B) the delayed broadcast by a local television station of a sporting
event of a local college team that is not carried, on a live or delayed
basis, by any cable system within the local community served by such local
television station.
(c) PROCEEDING WITH RESPECT TO AREAS RECEIVING POOR OVER-THE-AIR SIGNALS- The
Federal Communications Commission shall 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 (of grade B quality)
over the air from a local licensee or from a cable system. In undertaking
such rulemaking, the Commission shall take into consideration pertinent
economic and technological factors, including the following:
(1) the extent to which individuals in rural, underserved areas are unable
to receive broadcast television transmission; and
(2) potential ways in which operators of satellite-delivered programming
services or the manufacturers or distributors of receiving equipment might
enhance the ability of such persons to receive and readily access additional
video programming, including without limitation, an electronic switching
capability as a minimum feature on satellite television receiving equipment.

0fd2a9f0412b9dd87cc04c77994c1ecd1e5484129b5416d277d396ed9a8fbd0d

Nothing in the amendments made by this Act shall be construed to create
any immunity to any civil or criminal action under any Federal or State
antitrust law, or to alter or restrict in any matter the applicability of
any Federal or State antitrust law.

d6fda758c358b9253efccfa67faffbaa6fefdc0e2cd673b4492a4214e7464331

Except where otherwise expressly provided, the provisions of this Act and
the amendments made thereby shall take effect 60 days after the enactment
of this Act.
Amend the title so as to read: `An Act to amend the Communications Act of
1934 to provide increased consumer protection and to promote increased
competition in the cable television and related markets, and for other
purposes.'.
Attest:
Clerk.
S 12 EAH----2
S 12 EAH----3
S 12 EAH----4
S 12 EAH----5
S 12 EAH----6
S 12 EAH----7
S 12 EAH----8

a41c2cba9755c4626b521c69ca3122b7aafa366ad060eda0021ef9d3d9644a75

Cable TV bill — S. 12

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