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U.S. Code as of:
01/19/04
Section 544. Regulation of services, facilities, and equipment
(a) Regulation by franchising authority
Any franchising authority may not regulate the services,
facilities, and equipment provided by a cable operator except to
the extent consistent with this subchapter.
(b) Requests for proposals; establishment and enforcement of
requirements
In the case of any franchise granted after the effective date of
this subchapter, the franchising authority, to the extent related
to the establishment or operation of a cable system -
(1) in its request for proposals for a franchise (including
requests for renewal proposals, subject to section 546 of this
title), may establish requirements for facilities and equipment,
but may not, except as provided in subsection (h) of this
section, establish requirements for video programming or other
information services; and
(2) subject to section 545 of this title, may enforce any
requirements contained within the franchise -
(A) for facilities and equipment; and
(B) for broad categories of video programming or other
services.
(c) Enforcement authority respecting franchises effective under
prior law
In the case of any franchise in effect on the effective date of
this subchapter, the franchising authority may, subject to section
545 of this title, enforce requirements contained within the
franchise for the provision of services, facilities, and equipment,
whether or not related to the establishment or operation of a cable
system.
(d) Cable service unprotected by Constitution; blockage of premium
channel upon request
(1) Nothing in this subchapter shall be construed as prohibiting
a franchising authority and a cable operator from specifying, in a
franchise or renewal thereof, that certain cable services shall not
be provided or shall be provided subject to conditions, if such
cable services are obscene or are otherwise unprotected by the
Constitution of the United States.
(2) In order to restrict the viewing of of of (!1) programming
which is obscene or indecent, upon the request of a subscriber, a
cable operator shall provide (by sale or lease) a device by which
the subscriber can prohibit viewing of a particular cable service
during periods selected by that subscriber.
(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 without 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
of America as X, NC-17, or R.
(e) Technical standards
Within one year after October 5, 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. No State or franchising authority may
prohibit, condition, or restrict a cable system's use of any type
of subscriber equipment or any transmission technology.
(f) Limitation on regulatory powers of Federal agencies, States, or
franchising authorities; exceptions
(1) Any Federal agency, State, or franchising authority may not
impose requirements regarding the provision or content of cable
services, except as expressly provided in this subchapter.
(2) Paragraph (1) shall not apply to -
(A) any rule, regulation, or order issued under any Federal
law, as such rule, regulation, or order (i) was in effect on
September 21, 1983, or (ii) may be amended after such date if the
rule, regulation, or order as amended is not inconsistent with
the express provisions of this subchapter; and
(B) any rule, regulation, or order under title 17.
(g) Access to emergency information
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.
(h) Notice of changes in and comments on services
A franchising authority may require a cable operator to do any
one or more of the following:
(1) Provide 30 days' advance written notice of any change in
channel assignment or in the video programming service provided
over any such channel.
(2) Inform subscribers, via written notice, that comments on
programming and channel position changes are being recorded by a
designated office of the franchising authority.
(i) Disposition of cable upon termination of service
Within 120 days after October 5, 1992, 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.
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