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U.S. Code as of:
01/19/04
Section 534. 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 and
qualified low power stations as provided by this section. Carriage
of additional broadcast television signals on such system shall be
at the discretion of such operator, subject to section 325(b) of
this title.
(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 -
(A) under no circumstances shall a cable operator carry a
qualified low power station in lieu of a local commercial
television station; and
(B) 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 543(b)(3) of this
title.
(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 or a baseband
video signal to the principal 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 as indemnification for any increased copyright liability
resulting from 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) Low power station carriage obligation
(1) Requirement
If there are not sufficient signals of full power local
commercial television stations to fill the channels set aside
under subsection (b) of this section -
(A) a cable operator of a cable system with a capacity of 35
or fewer usable activated channels shall be required to carry
one qualified low power station; and
(B) a cable operator of a cable system with a capacity of
more than 35 usable activated channels shall be required to
carry two qualified low power stations.
(2) Use of public, educational, or governmental channels
A cable operator required to carry more than one signal of a
qualified low power station under this subsection may do so,
subject to approval by the franchising authority pursuant to
section 531 of this title, by placing such additional station on
public, educational, or governmental channels not in use for
their designated purposes.
(d) 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.
(e) 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.
(f) Regulations by Commission
Within 180 days after October 5, 1992, 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 title 47 of the Code of Federal Regulations.
(g) Sales presentations and program length commercials
(1) Carriage pending proceeding
Pending the outcome of the proceeding under paragraph (2),
nothing in this chapter 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.
(2) Proceeding concerning certain stations
Within 270 days after October 5, 1992, the Commission,
notwithstanding prior proceedings to determine whether broadcast
television stations that are predominantly utilized for the
transmission of sales presentations or program length commercials
are serving the public interest, convenience, and necessity,
shall complete a proceeding in accordance with this paragraph to
determine whether broadcast television stations that are
predominantly utilized for the transmission of sales
presentations or program length commercials are serving the
public interest, convenience, and necessity. In conducting such
proceeding, the Commission shall provide appropriate notice and
opportunity for public comment. The Commission shall consider the
viewing of such stations, the level of competing demands for the
spectrum allocated to such stations, and the role of such
stations in providing competition to nonbroadcast services
offering similar programming. In the event that the Commission
concludes that one or more of such stations are serving the
public interest, convenience, and necessity, the Commission shall
qualify such stations as local commercial television stations for
purposes of subsection (a) of this section. In the event that the
Commission concludes that one or more of such stations are not
serving the public interest, convenience, and necessity, the
Commission shall allow the licensees of such stations a
reasonable period within which to provide different programming,
and shall not deny such stations a renewal expectancy solely
because their programming consisted predominantly of sales
presentations or program length commercials.
(h) Definitions
(1) Local commercial television station
(A) In general
For purposes of this section, the term "local commercial
television station" means any full power television broadcast
station, other than a qualified noncommercial educational
television station within the meaning of section 535(l)(1) of
this title, 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.
(B) Exclusions
The term "local commercial television station" shall not
include -
(i) 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;
(ii) a television broadcast station that would be
considered a distant signal under section 111 of title 17, if
such station does not agree to indemnify the cable operator
for any increased copyright liability resulting from carriage
on the cable system; or
(iii) a television broadcast station that 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, if such station does not agree to be responsible
for the costs of delivering to the cable system a signal of
good quality or a baseband video signal.
(C) Market determinations
(i) For purposes of this section, a broadcasting station's
market shall be determined by the Commission by regulation or
order using, where available, commercial publications which
delineate television markets based on viewing patterns, 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.
(ii) In considering requests filed pursuant to clause (i),
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.
(iii) A cable operator shall not delete from carriage the
signal of a commercial television station during the pendency
of any proceeding pursuant to this subparagraph.
(iv) Within 120 days after the date on which a request is
filed under this subparagraph (or 120 days after February 8,
1996, if later), the Commission shall grant or deny the
request.
(2) Qualified low power station
The term "qualified low power station" means any television
broadcast station conforming to the rules established for Low
Power Television Stations contained in part 74 of title 47, Code
of Federal Regulations, only if -
(A) such station broadcasts for at least the minimum number
of hours of operation required by the Commission for television
broadcast stations under part 73 of title 47, Code of Federal
Regulations;
(B) such station meets all obligations and requirements
applicable to television broadcast stations under part 73 of
title 47, Code of Federal Regulations, with respect to the
broadcast of nonentertainment programming; programming and
rates involving political candidates, election issues,
controversial issues of public importance, editorials, and
personal attacks; programming for children; and equal
employment opportunity; and the Commission determines that the
provision of such programming by such station would address
local news and informational needs which are not being
adequately served by full power television broadcast stations
because of the geographic distance of such full power stations
from the low power station's community of license;
(C) such station complies with interference regulations
consistent with its secondary status pursuant to part 74 of
title 47, Code of Federal Regulations;
(D) such station is located no more than 35 miles from the
cable system's headend, and delivers to the principal headend
of the cable system an over-the-air signal of good quality, as
determined by the Commission;
(E) the community of license of such station and the
franchise area of the cable system are both located outside of
the largest 160 Metropolitan Statistical Areas, ranked by
population, as determined by the Office of Management and
Budget on June 30, 1990, and the population of such community
of license on such date did not exceed 35,000; and
(F) there is no full power television broadcast station
licensed to any community within the county or other political
subdivision (of a State) served by the cable system.
Nothing in this paragraph shall be construed to change the
secondary status of any low power station as provided in part 74
of title 47, Code of Federal Regulations, as in effect on October
5, 1992.
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