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U.S. Code as of:
01/19/04
Section 531. Cable channels for public, educational, or governmental use
(a) Authority to establish requirements with respect to designation
or use of channel capacity
A franchising authority may establish requirements in a franchise
with respect to the designation or use of channel capacity for
public, educational, or governmental use only to the extent
provided in this section.
(b) Authority to require designation for public, educational, or
governmental use
A franchising authority may in its request for proposals require
as part of a franchise, and may require as part of a cable
operator's proposal for a franchise renewal, subject to section 546
of this title, that channel capacity be designated for public,
educational, or governmental use, and channel capacity on
institutional networks be designated for educational or
governmental use, and may require rules and procedures for the use
of the channel capacity designated pursuant to this section.
(c) Enforcement authority
A franchising authority may enforce any requirement in any
franchise regarding the providing or use of such channel capacity.
Such enforcement authority includes the authority to enforce any
provisions of the franchise for services, facilities, or equipment
proposed by the cable operator which relate to public, educational,
or governmental use of channel capacity, whether or not required by
the franchising authority pursuant to subsection (b) of this
section.
(d) Promulgation of rules and procedures
In the case of any franchise under which channel capacity is
designated under subsection (b) of this section, the franchising
authority shall prescribe -
(1) rules and procedures under which the cable operator is
permitted to use such channel capacity for the provision of other
services if such channel capacity is not being used for the
purposes designated, and
(2) rules and procedures under which such permitted use shall
cease.
(e) Editorial control by cable operator
Subject to section 544(d) of this title, a cable operator shall
not exercise any editorial control over any public, educational, or
governmental use of channel capacity provided pursuant to this
section, except a cable operator may refuse to transmit any public
access program or portion of a public access program which contains
obscenity, indecency, or nudity.
(f) "Institutional network" defined
For purposes of this section, the term "institutional network"
means a communication network which is constructed or operated by
the cable operator and which is generally available only to
subscribers who are not residential subscribers.
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