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U.S. Code as of:
01/19/04
Section 545. Modification of franchise obligations
(a) Grounds for modification by franchising authority; public
proceeding; time of decision
(1) During the period a franchise is in effect, the cable
operator may obtain from the franchising authority modifications of
the requirements in such franchise -
(A) in the case of any such requirement for facilities or
equipment, including public, educational, or governmental access
facilities or equipment, if the cable operator demonstrates that
(i) it is commercially impracticable for the operator to comply
with such requirement, and (ii) the proposal by the cable
operator for modification of such requirement is appropriate
because of commercial impracticability; or
(B) in the case of any such requirement for services, if the
cable operator demonstrates that the mix, quality, and level of
services required by the franchise at the time it was granted
will be maintained after such modification.
(2) Any final decision by a franchising authority under this
subsection shall be made in a public proceeding. Such decision
shall be made within 120 days after receipt of such request by the
franchising authority, unless such 120 day period is extended by
mutual agreement of the cable operator and the franchising
authority.
(b) Judicial proceedings; grounds for modification by court
(1) Any cable operator whose request for modification under
subsection (a) of this section has been denied by a final decision
of a franchising authority may obtain modification of such
franchise requirements pursuant to the provisions of section 555 of
this title.
(2) In the case of any proposed modification of a requirement for
facilities or equipment, the court shall grant such modification
only if the cable operator demonstrates to the court that -
(A) it is commercially impracticable for the operator to comply
with such requirement; and
(B) the terms of the modification requested are appropriate
because of commercial impracticability.
(3) In the case of any proposed modification of a requirement for
services, the court shall grant such modification only if the cable
operator demonstrates to the court that the mix, quality, and level
of services required by the franchise at the time it was granted
will be maintained after such modification.
(c) Rearrangement, replacement, or removal of service
Notwithstanding subsections (a) and (b) of this section, a cable
operator may, upon 30 days' advance notice to the franchising
authority, rearrange, replace, or remove a particular cable service
required by the franchise if -
(1) such service is no longer available to the operator; or
(2) such service is available to the operator only upon the
payment of a royalty required under section 801(b)(2) of title
17, which the cable operator can document -
(A) is substantially in excess of the amount of such payment
required on the date of the operator's offer to provide such
service, and
(B) has not been specifically compensated for through a rate
increase or other adjustment.
(d) Rearrangement of particular services from one service tier to
another or other offering of service
Notwithstanding subsections (a) and (b) of this section, a cable
operator may take such actions to rearrange a particular service
from one service tier to another, or otherwise offer the service,
if the rates for all of the service tiers involved in such actions
are not subject to regulation under section 543 of this title.
(e) Requirements for services relating to public, educational, or
governmental access
A cable operator may not obtain modification under this section
of any requirement for services relating to public, educational, or
governmental access.
(f) "Commercially impracticable" defined
For purposes of this section, the term "commercially
impracticable" means, with respect to any requirement applicable to
a cable operator, that it is commercially impracticable for the
operator to comply with such requirement as a result of a change in
conditions which is beyond the control of the operator and the
nonoccurrence of which was a basic assumption on which the
requirement was based.
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