From: tweek@netcom.com (Michael D. Maxfield)
Newsgroups: alt.cable-tv.re-regulate
Subject: S-12 part 5
Date: 31 Aug 92 20:32:36 GMT
Distribution: usa
Organization: Movement to Ban or Re-Regulate the CABLE MONOPOLIES

(part 5 of ?)

LIMITATIONS ON CONTROL AND UTILIZATION

SEC. 8. Subsection (f) of section section 613 of the
Communications Act of 1934 (47 U.S.C. 533) is amended to read
as follows:

"(f)(1) In order to enhance effective competition, the
Commission shall, within one year after the date of
enactment of the Cable Television Consumer Protection Act of
1992, conduct a rulemaking proceeding to prescribe rules
and regulations establishing---

"(A) 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; and

"(B) 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.

"(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 od
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 such programming
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.".

CROSS-OWNERSHIP

SEC> 9. (a) Section 613(a) of the Communications
Act of 1934 (47 U.S.C. 533(a)) is ammended---

(1) by inserting "(1)" immediately after "(a);
and

(2) by adding at the end the following new
paragraph:

"(2) 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, in any
portion of the cable community served by that cable operator's
cable system.  The Commission---

"(A) 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 the date of enactment of this paragraph; and

"(B) may waive the requirements of this paragraph
to the extent the Commission determines is
necessary to ensure that all significant portions of
the affected cable community are able to obtain
video programming.".

(b) Section 613(c) of the Communications Act of
1934 (47 U.S.C. 533(c)) is amended---

(1) by inserting "(1) immediately after "(c)";
and

(2) by adding at the end the following new
paragraph:

"(2) If ten percent of the households in the United
States with television sets subscribe to any one service
provided by multichannel video programming distributors directly 
via satellite to home satellite antennae, the Commission
shall promulgate appropriate regulations (A) limiting
ownership of any such distributor by cable operators and
(B) requiring access to such satellite service by
unaffiliated video programmers.".

CUSTOMER SERVICE

SEC. 10. (a) Section 632(a) of the Communications
Act of 1934 (47 U.S.C. 552(a)) is amended---

(1) by inserting "may establish and" immediately
after "authority";

(2) by striking ", as part of a franchise (including
a franchise renewal, subject to section 626),";
and

(3) in paragraph (1), by inserting immediately
after "operator" the following: "that (A) subject to
the provisions of subsection (e), exceed the standards
set by the Commission under this section, or
(B) prior to the issuance by the Commission of rules
pursuant to subsection (d)(1), exist on the date of
enactment of the Cable Television Consumer Protection
Act of 1992".

(b) Section 632 of the Communications Act of 1934
(47 U.S.C. 552) is amended by adding at the end the
following new subsection:

"(d)(1) The Commission, within 180 days after the
date of enactment of this subsection, shall, after notice
and an opportunity for comment, issue rules that establish
customer service standards that ensure that all customers
are fairly served.  Thereafter the Commission shal regularly
review the standards and make such modifications
as may be necessary to ensure that customers of the cable
industry are fairly served.  A franchising authority may
enforce the standards established by the Commission.

"(2) Notwithstanding the provisions of subsection (a)
and this subsection, nothing in this title shall be construed
to prevent the enforcement of---

"(A) any municipal ordinance or agreement, or

"(B) any Stae law,
concerning customer service that imposes customer service
requirements that exceed the standards set by the
Commission under this section.

"(e) In the event that a particular franchising authority,
pursuant to its authority under subsection (a), requires
provisions for enforcement of customer service requirements
of the cable operator that exceed the standards
established by the Commission, the cable operator may
petition the Commission for a declaration, after notice and
hearing and based upon substantial evidence, that the 
particular franchising authority's requirements are not in the
public interest.  In determining whether a particular franchising 
authority's provisions for enforcement of customer 
service requirements are not in the public interest, the
Commission shall consider the needs of the local area
served by the particular franchising authority.".

FRANCHISE RENEWAL

SEC. 11. (a) Section 626(a) of the Communications
Act of 1934 (47 U.S.C. 546(a)) is amended by adding at
the end of the following: "Submission oa a timely written
renewal notice by the cable operator specifically requesting
a franchising authority to initiate the formal renewal
process under this section is required for the cable operator
to invoke the renewal procedures set forth in subsections
(a) through (g); except that nothing in this section
requires a franchising authority to commence the renewal
proceedings during the 6-month period which begins with
the 36th month before the franchise expiration.".

(b) Section 626(c)(1) of the Communications Act of
1934 (47 U.S.C. 546(c)(1)) is amended---

(1) by inserting "pursuant to subsection (b)"
immediately after "renewal of a franchise"; and

(2) by striking "completion of any proceedings
under subsection (a)" and inserting in lieu thereof
the following: "date of the submission of the cable
operator's proposal pursuant to subsection (b)".

(c) Section 626(c)(1)(A) of the Communications Act
of 1934 (47 U.S.C. 546(c)(1)(A)) is amended by inserting
"throughout the franchise term" immediately after "law".

(d) Section 626(c)(1)(B) of the Communications Act
of 1934 (47 U.S.C. 546 (c)(1)(B)) is amended---

(1) by striking "mix, quality, or level" and 
inserting in lieu thereof "mix or quality"; and

(2) by inserting "throughout the franchise
term" immediately after "needs".

(e) Section 626(d) of the Communications Act of
1934 (47 U.S.C. 546(d)) is amended---

(1) by inserting "which has been submitted in
compliance with subsection (b)" immediately after
"Any denial of a proposal for renewal"; and

(2) by striking all after "unless" and inserting
in lieu thereof the following: "the operator has notice
and opportunity to cure, or in any case in which
itis documented that the franchising authority has
waived in writing its right to object.".

(f) Section 626(e)(2)(A) of the Communications Act
of 1934 (47 U.S.C. 546(e)(2)(A) is amended by inserting
immediately after "section" the following: "and such
failure to comply actually prejudiced the cable operator".

(g) Section 626 of the Communications Act of 1934
(47 U.S.C. 546) is amended by adding at the end the 
following new subsection:

"(i) Notwithstanding the provisions of subsections (a)
through (h), any lawful action to revoke a cable operator's
franchise for cause shall not be negated by the initiation
of renewal proceedings by the cable operator under this
section.".


***************** END of PART 5/? ***************
Newsgroups: alt.cable-tv.re-regulate