From: tweek@netcom.com (Michael D. Maxfield)
Subject: S-12 part 8
Date: Tue, 01 Sep 92 21:27:52 GMT
Organization: Movement to Ban or Re-Regulate the CABLE MONOPOLIES
Distribution: usa


(part 8/?)

"CARRIAGE OF NONCOMMERCIAL EDUCATIONAL
TELEVISION SIGNALS

"SEC. 615. (a) In addition to the carriage requirements
set forth in section 614, each operator of a cable
system (hereafter in this section referred to as an 
`operator') shall carry the signals of qualified noncommercial
educational television stations in accordance with the 
provisions of this section.

"(b)(1) Subject to paragraphs (2) and (3) and subsection
(e), each operator shall carry, on the cable system
of that operator, each qualified local noncommercial
educational television station requesting carriage.

"(2)(A) Notwithstanding paragraph (1), an operator
of a cable system with 12 or fewer usable activated channels
shall be required to carry the signal of only one qualified
local noncommercial educational television station; except
that an operator of such a system shall comply with
subsection (c) and may, in its discretion, carry the signals
of other qualified noncommercial educational television
stations.

"(B) I the case of a cable system described in
subparagraph (A) which operates beyond the presence of any
qualified local noncommercial educational television
stations---

"(i) the operator shall carry on that system the
signal of one qualified noncommercial educational
television station;

"(ii) the selection for carriage of such a signal
shall be at the election of the operator; and

"(iii) in order to satisfy the requirements for
carriage specified in this subsection, the operator of
the system shall not be required to remove any other
programming service actually provided to subscribers
on March 29, 1990; except that such operator shall
use the first channel available to satisfy the
requirements of this subparagraph.

"(3)(A) Subject to subsection (c), an operator of a
cable system with 13 to 36 usable activated channels---

"(i) shall carry the signal of at least one qualified
local noncommercial educational television station
but shall not be required to carry the signals of
more than three such stations, and

"(ii) may, in its discretion, carry additional
such stations.

"(B) In the case of a cable system described in this
paragraph which operates beyond the presence of any
qualified local noncommercial educational television
station, the operator shall import the signal of at least one
qualified noncommercial educational station to comply
with subparagraph (A)(i).

"(C) The operator of a cable system described in this
paragraph which carries the signal of a qualified local
noncommercial educational station affiliated with a State
public television network shall not be required to carry the
signal of any additional qualified local noncommercial
educational television station affiliated with the same network
if the programming of such additional station is substantially 
duplicated by the programming of the qualified local
noncommercial educational television station receiving
carriage.

"(D) An operator of a system described in subparagraph
(A) which increases the usable activated channel capacity
of the system to more than 36 channels on or after
March 29, 1990 shall, in accordance with the other provisions
of this section, carry the signal of each qualified local
noncommercial educational television station requesting
carriage, subject to subsection (e).

"(c) Notwithstanding any other provisions of this section,
all operators shall continue to provide carriage to all
qualified local noncommercial educational television stations
whose signals were carried on their systems as of
March 29, 1990.  The requirements of this subsection may
be waived with respect to a particular operator and a 
particular such station, upon the written consent of the
operator and the station.

"(d) An operator required to add the signals of qualified
local noncommercial educational television stations to
a cable system under this section may do so by placing
such additional stations on public, educational, or governmental 
channels not in use for their designated purpose.

"(e) An operator of a cable system with a capacity
of more than 36 usable activated channels which is required
to carry the signals of three qualified local noncommercial
educational television stations shall not be required
to carry the signals of additional such stations the
programming of which substantially duplicates the
programming broadcast by another qualified local
noncommercial educational television station requesting 
carriage.  Substantial duplication shall be defined by the
Commission in a manner that promotes access to distinctive
noncommercial educational television services.

"(f) A qualified local noncommercial educational television
station whose signal is carried by an operator shall
not assert any network non-duplication rights it may have
pursuant to section 76.92 of title 47, Code of Federal
Regulations, to require the deletion of programs aired on other
qualified local noncommercial educational television
stations whose signals are carried by that operator.

"(g)(1) An operator shall retransmit in its entirety
the primary video, accompanying audio, and Line 21
closed caption transmission of each qualified local
noncommercial educational television station whose signal is
carried on the cable system, and, to the extent technically
feasible, program-related material carried in the vertical
blanking interval, or on subcarriers, that may be necessary
for receipt of programming by handicapped persons or for
educational or language purposes.  Retransmission of other
material in the vertical blanking interval or on subcarriers
shall be within the discretion of the operator.

"(2) An operator shall provide each qualified local
noncommercial educational television station whose signal
is carried in accordance with this section, with bandwidth
and technical capacity equivalent to that provided to
commercial television broadcast stations carried on the cable
system and shall carry the signal of each qualified local
noncommercial educational television station without
material degradation.

"(3) The signal of a qualified local noncommercial
educational television station shall be carried on the cable
system channel number on which the qualified local noncommercial 
educational television station is broadcast over
the air, or on the channel on which it was carried on July
19, 1985, at the election of the station, or on such other
channel number as is mutually agreed on by the station
and the cable operator.  The signal of a qualified local
noncommercial educational television station shall not be
repositioned by a cable operator unless the operator, at
least 30 days in advance of such repositioning, has provided
written notice to the station and to all subscribers
of the cable system.  For purposes of this paragraph, 
repositioning includes deletion of the station from the cable
system.

"(4) Notwithstanding the other provisions of this section,
an operator shall not be required to carry the signal
of any qualified local noncommercial educational television
station which does not deliver to the cable system's 
principal headend a signal of good quality, as may be defined
by the Commission.

"(h) Signals carried in fulfillment of the carriage 
obligations of an operator under this section shall be available
to every subscriber as part of the cable system's lowest
priced service that includes the retransmission of local
television broadcast signals.

"(i)(1) An operator shall not accept monetary payment
or other valuable consideration in exchange for carriage
of the signal of any qualified local noncommercial
educational television station carried in fulfillment of the
requirements of this section, except that such a station
may be required to bear the cost associated with delivering
a good quality signal to the principal headend of the cable
system.

"(2) Notwithstanding the provisions of this section,
an operator shall not be required to add the signal of a
qualified local noncommercial educational television station
not already carried under the provisions of subsection
(c), whare such signal would be considered as a distant
signal for copyright purposes unless such station reimburses
the operator for the incremental copyright costs assessed 
against such operator as a result of such carriage.

"(j)(1) Whenever a qualified local noncommercial
educational television station believes that an operator of
a cable system has failed to comply with the signal carriage
requirements of this section, the station may file a
complaint with the Commission.  Such complaint shall allege
the manner in which such operator has failed to comply
with such requirements and state the basis for such
allegations.

"(2) The commission shall afford such operator an
opportunity to present data, views, and arguements to
establish that the operator has complied with the signal
carriage requirements of this section.

"(3) Within 120 days after the date a complaint is
filed under this subsection, the Commission shall determine
whether the operator has complied with the requirements
of this section.  If the Commission determines that
the operator has failed to comply with such requirements,
the Commission shall state with particularity the basis for
such findings and order the operator to take such remedial
action as is necessary to meet such requirements.  If the
Commission determines that the operator has fully complied
with such requirements, the Commission shall sismiss
the complaint.

"(k) An operator shall identify, upon request by any 
person, those signals carried in fulfillment of the 
requirements of this section.

"(l) For purposes of this section, `qualified local
noncommercial educational television station' is defined as as
qualified qualified noncommercial educational television station---

"(A) which is licensed to a principal community
whose reference point, as defined in section 76.53 of
title 47, Code of Federal Regulations (as in effect on
March 29, 1990), or any successor regulations thereto,
is within 50 miles of the principal headend of the
cable system; or

"(B) whose Grade B service contour, as defined
in section 73.683(a) of such title (as in effect on
March 29, 1990), or any successor regulations thereto,
encompasses the principal headend of the cable
system.".


****************** END of PART 8/? *******************

Newsgroups: alt.cable-tv.re-regulate