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U.S. Code as of:
01/19/04
Section 533. Ownership restrictions
(a) Cable operator holding license for multichannel distribution or
offering satellite service
It shall be unlawful for a cable operator to hold a license for
multichannel multipoint distribution service, or to offer satellite
master antenna television service separate and apart from any
franchised cable service, in any portion of the franchise area
served by that cable operator's cable system. The Commission -
(1) shall waive the requirements of this paragraph for all
existing multichannel multipoint distribution services and
satellite master antenna television services which are owned by a
cable operator on October 5, 1992;
(2) may waive the requirements of this paragraph to the extent
the Commission determines is necessary to ensure that all
significant portions of a franchise area are able to obtain video
programming; and
(3) shall not apply the requirements of this subsection to any
cable operator in any franchise area in which a cable operator is
subject to effective competition as determined under section
543(l) of this title.
(b) Repealed. Pub. L. 104-104, title III, Sec. 302(b)(1), Feb. 8,
1996, 110 Stat. 124
(c) Promulgation of rules
The Commission may prescribe rules with respect to the ownership
or control of cable systems by persons who own or control other
media of mass communications which serve the same community served
by a cable system.
(d) Regulation of ownership by States or franchising authorities
Any State or franchising authority may not prohibit the ownership
or control of a cable system by any person because of such person's
ownership or control of any other media of mass communications or
other media interests. 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.
(e) Holding of ownership interests or exercise of editorial control
by States or franchising authorities
(1) Subject to paragraph (2), a State or franchising authority
may hold any ownership interest in any cable system.
(2) Any State or franchising authority shall not exercise any
editorial control regarding the content of any cable service on a
cable system in which such governmental entity holds ownership
interest (other than programming on any channel designated for
educational or governmental use), unless such control is exercised
through an entity separate from the franchising authority.
(f) Enhancement of effective competition
(1) In order to enhance effective competition, the Commission
shall, within one year after October 5, 1992, conduct a proceeding
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(A) to prescribe rules and regulations establishing reasonable
limits on the number of cable subscribers a person is authorized
to reach through cable systems owned by such person, or in which
such person has an attributable interest;
(B) to prescribe rules and regulations establishing reasonable
limits on the number of channels on a cable system that can be
occupied by a video programmer in which a cable operator has an
attributable interest; and
(C) to 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 video
programming.
(2) In prescribing rules and regulations under paragraph (1), the
Commission shall, among other public interest objectives -
(A) ensure that no cable operator or group of cable operators
can unfairly impede, either because of the size of any individual
operator or because of joint actions by a group of operators of
sufficient size, the flow of video programming from the video
programmer to the consumer;
(B) ensure that cable operators affiliated with video
programmers do not favor such programmers in determining carriage
on their cable systems or do not unreasonably restrict the flow
of the video programming of such programmers to other video
distributors;
(C) take particular account of the market structure, ownership
patterns, and other relationships of the cable television
industry, including the nature and market power of the local
franchise, the joint ownership of cable systems and video
programmers, and the various types of non-equity controlling
interests;
(D) account for any efficiencies and other benefits that might
be gained through increased ownership or control;
(E) make such rules and regulations reflect the dynamic nature
of the communications marketplace;
(F) not impose limitations which would bar cable operators from
serving previously unserved rural areas; and
(G) not impose limitations which would impair the development
of diverse and high quality video programming.
(g) Combination of interests under prior law
This section shall not apply to prohibit any combination of any
interests held by any person on July 1, 1984, to the extent of the
interests so held as of such date, if the holding of such interests
was not inconsistent with any applicable Federal or State law or
regulations in effect on that date.
(h) "Media of mass communications" defined
For purposes of this section, the term "media of mass
communications" shall have the meaning given such term under
section 309(i)(3)(C)(i) of this title.
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