From: tweek@netcom.com (Michael D. Maxfield)
Subject: S-12 part 9 of (looks like 10 parts)
Date: Wed, 02 Sep 92 05:49:54 GMT
Organization: Movement to Ban or Re-Regulate the CABLE MONOPOLIES
Distribution: usa


(part 9/?)


NOTICE AND OPTIONS TO CONSUMERS REGARDING CABLE
EQUIPMENT

SEC. 17. The Communications Act of 1934 (47
U.S.C. 151 et seq.) is amended by adding after section
624 the following new section:

"NOTICE AND OPTIONS TO CONSUMERS REGARDING
CONSUMER ELECTRONICS EQUIPMENT

"SEC. 624A. (a) This section may be cited as the
`Cable Equipment Act of 1992'.

"(b) The Congress finds that---

"(1) the use of converter boxes to receive cable
television may disable certain functions of televisions
and VCRs, including, for example, the ability to---

"(A) watch a program on one channel
while simultaneously using a VCR to tape a
different program on another channel;

"(B) use a VCR to tape two consecutive
programs that appear on different channels; or

"(C) use certain special features of a television
such as a `picture-in-picture' feature; and

"(2) cable operators should, to the extent possible,
employ technology that allows cable television
subscribers to enjoy the full benefit of the functions
available on televisions and VCRs.

"(c) As used in this section:

"(1) The term `converter box' means a device
that---

"(A) allows televisions that do not have
adequate channel tuning capability to receive
the service offered by cable operators; or

"(B) decodes signals that cable operators
deliver to subscribers in scambled form.

"(2) The term `VCR' means a videocassette
recorder.

"(d)(1) Cable operators shall not scramble or otherwise
encrypt any local broadcast signal, except where authorized
under paragraph (3) of this subsection to protect
against the substantial theft of cable service.

"(2) Notwithstanding paragraph (1) of this subsection,
there shall be no limitations on the use of scrambling
or encryption technology where the use of such technology
does not interfere with the functions of subscribers'
televisions or VCRs.

"(3) Within 180 days after the date of enactment of
this section, the Commission shall issue regulations
prescribing the circumstances under which a cable operator
may, if necessary to protect against the substantial theft
of cable service, scramble or otherwise encrypt any local
broadcast signal.

"(4) The Commission shall periodically review and,
if necessary, modify the regulations issued pursuant to
this subsection in light of any actions taken in response
to regulations issued under subsection (i).

"(e) Within 180 days after the date of enactment of
this section, the Commission shall promulgate regulations
requiring a cable operator offering any channels the
reception of which requires a converter box to---

"(1) notify subscribers that if their cable service
is delivered through a converter box, rather than 
directly to the subscribers' televisions or VCRs, the
subscribers may be unable to enjoy certain functions
of their televisions or VCRs, including the ability
to---

"(A) watch a program on one channel
while simultaneously using a VCR to tape a
different program on another channel;

"(B) use a VCR to tape two consecutive
programs that appear on different channels; or

"(C) use certain television features such as
`picture-in-picture';

"(2) offer new and current subscribers who do
not receive or wish to receive channels the reception
of which requires a converter box, the option of having
their cable service installed, in the case of new
subscribers, or reinstalled, in the case of current
subscribers, by direct connection to the subscribers'
televisions or VCRs, without passing through a
converter box; and

"(3) offer new and current subscribers who
receive, or wish to receive, channels the reception of
which requires a converter box, the option of having
their cable service installed, in the case of new
subscribers, or reinstalled, in the case of current
subscribers, in such a way that those channels the
reception of which does not require a converter box are
delivered to the subscribers' televisions or VCRs
without passing through a converter box.

"(f) Any charges for installing or reinstalling cable
service pursuant to subsection (e) shall be subject to the
provisions of Section 623(b)(1).

"(g) Within 180 days after the date of enactment of
this section, the Commission shall promulgate regulations
relating to the use of remote control devices that shall---

"(1) require a cable operator who offers 
subscribers the option of renting a remote control
unit---

"(A) to notify subscribers that they may
purchase a commercially available remote control
device from any source that sells such devices
rather than renting it from the cable operator;
and

"(B) to specify the types of remote control
units that are compatible with the converter box
supplied by the cable operator; and

"(2) prohibit a cable operator from taking any
action that prevents or in any way disables the
converter box supplied by the cable operator from
operating compatibly with commercially available remote
control units.

"(h) Within 180 days after the date of enactment of
this section, the Commission, in consultation with
representatives of the cable industry and the consumer
electronics industry, shall report to the Congress on means
of assuring compatability between televisions and VCRs
and cable systems so that cable subscribers will be able
to enjoy the full benefit of both the programming available
on cable systems and the functions available on their
televisions and VCRs.

"(i) Within 1 year after the date of enactment of this
section, the Commission shall issue regulations requiring
such actions as may be necessary to assure the compatibility
interface described in subsection (h).".

JUDICIAL REVIEW

SEC. 18. Section 635 of the Communications Act of
1934 (47 U.S.C. 555) is amended by adding at the end
the following new subsection:

"(c)(1) Notwithstanding any other provision of law,
any civil action challenging the constitutionality of section
614 or 615 of this Act or any provision thereof shall be
heard by a district court of three judges convened pursuant
to the provisions of section 2284 of title 28, United
States Code.

"(2) Notwithstanding any other provision of law, an
interlocutory or final judgment, decree, or order of the
court of three judges in an action under paragraph (1)
holding section 614 or 615 of this Act or any provision
thereof unconstitutional shall be reviewable as a matter
of right by direct appeal to the Supreme Court.  Any such
appeal shall be filed not more than 20 days after entry
of such judgment, decree, or order.".

HOME WIRING

SEC. 19. Section 624 of the Communications Act of
1934 (17 U.S.C. 544) is amended by adding at the end
the following new subsection:

"(g) Within 120 days after the date of enactment of
this subsection, the Commission shall prescribe rules and
regulations 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.".

SEC. 20. (a) Section 621(a)(1) of the Communications
Act of 1934 (47 U.S.C. 541 (a)(1)) is amended by
inserting immediately before the period at the end the
following: "; except that a franchising authority may not
grant an exclusive franchise and may not unreasonably
refuse to award an additional competitive franchise.  Any
applicant whose application for a second franchise has
been denied by a final decision of the franchising authority
may appeal such final decision pursuant to the provisions
of section 635 for failure to comply with this subsection".

(b) Section 635(a) of the Communications Act of
1934 (47 U.S.C 555(a)) is amended by inserting
"621(a)(1)," immediately after "section".

FRANCHISE REQUIREMENTS

SEC. 21. Section 621(a) of the Communications Act
of 1934 (47 U.S.C. 541(a)) is amended by adding at the
end the following new paragraph:

"(4) In awarding a franchise, the franchising authority
shall allow the applicant's cable system a reasonable
period of time to become capable of providing cable service
to all households in the geographic area within the
jurisdiction of the franchising authority.".

DIRECT BROADCAST SATELLITE SERVICES

SEC. 22. (a) The Federal Communications Commission
shall, within one year after the date of enactment of
this ACT, submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives
a report analyzing the need for, and the form, nature, and
extent of, the most appropriate public interest obligations
to be imposed upon direct broadcast satellite services in
addition to what is required pursuant to subsection (b)(1).
The report shall include---

(1) a consideration of the national nature of direct
broadcast satellite programming services;

(2) an evaluation of a phase-in of such public
interest obligations for direct broadcast satellite
services commensurate with the degree to which
direct broadcast satellite services have become a
source of effective competition to cable systems; and

(3) an analysis of the Commissions authority
to impose such public interest obligations 
recommended in the report without further legislation.

(b)(1) Notwithstanding its report to be provided pursuant
to subsection (a), the Federal Communications
Commission shall require, as a condition of any provision,
initial authorization, or authorization renewal for a direct
broadcast satellite service providing video programming
that the provider of such service reserve a portion of its
channel capacity, equal to not less than 4 percent nor
more than 7 percent, exclusively for nonduplicated,
noncommercial, educational, and informational programming.

(2) A provider of such service may utilize for any
purpose any unused channel capacity required to be reserved
under this subsection pending the actual use of such
channel capacity for noncommercial, educational, and 
informational programming.

(3) A direct broadcast satellite service provider shall
meet the requirements of this subsection by leasing, to
national educational programming suppliers (including
qualified noncommercial educational television stations, other
public telecommunications entities, and public or private
educational institutions), capacity on its system upon
reasonable prices, terms, and conditions, taking into account
the nonprofit character of such suppliers.  The direct
broadcast satellite service provider shall not exercise any
editorial control over any video programming provided
pursuant to this subsection.

(c) There is established a study panel which shall be
comprised of a representative of the Corporation for Public
Broadcasting, the National Telecommunications and
Information Administration, and the Office of Technology
Assessment selected by the head of each such entity.  Such
study panel shall within two years after the date of enactment
of this Act submit a report to the Congress containing
recommendations on---

(1) methods and strategies for promoting the
development of programming for transmission over
the public use channels reserved pursuant to
subsection (b)(1);

(2) methods and criteria for selecting programming
for such channels that avoids conflict of interest
and the exercise of editorial control by the direct
broadcast satellite service provider;

(3) identifying existing and potential sources of
funding for administrative and production costs for
such public use programming; and

(4) what constitute reasonable prices, terms,
and conditions for provision of satellite space for
such public use channels.

(d) As used in this section, the term "direct broadcast
satellite service" includes---

(1) any satellite system licensed under part 100
of title 47, Code of Federal Regulations; and

(2) any distributor using a fixed service satellite
system to provide video service directly to the home
and licensed under part 25 of title 47, Code of Federal
Regulations.


********************* END OF PART 9/? *******************
(almost done typing this thing)


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