From: tweek@netcom.com (Michael D. Maxfield)
Subject: S-12 part 4
Date: Fri, 28 Aug 92 22:46:49 GMT
Organization: Movement to Ban or Re-Regulate the CABLE MONOPOLIES
Distribution: usa

(part 4 of ?)

NONDISCRIMINATION WITH RESPECT TO VIDEO
PROGRAMMING

SEC. 6. Part IV of title VI of the Communications
Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding
at the end the following new sections:

"NONDISCRIMINATION WITH RESPECT TO VIDEO
PROGRAMMING

"SEC. 640. (a) A video programmer in which a cable
operator has an attributable interest and who licenses
video programming for national or regional distribution---

"(1) shall not unreasonably refuse to deal with
any multichannel video programming distributor;
and

"(2) shall not discriminate in the price, terms,
and conditions in the sale of the video programmer's
programming among cable systems, cable operators,
or other multichannel video programming distributors
if such action would have the effect of impeding
retail competition.

"(b) A video programmer in which a cable operator
has an attributable interest and wholicenses video
programming for national or regional distribution shall make
programming available on similar price, terms, and
conditions to all cable system, cable operators, or their agents
or buying groups; except that such video programmer
may---

"(1) impose reasonable requirements for 
creditworthiness, offering of service, and financial
stability;

"(2) establish different price, terms, and conditions
to take into account differences in cost in the
creation, sale, delivery, or transmission of video
programming;

"(3) establish price, terms, and conditions
which take into account economies of scale or other
cost savings reasonably attributable to the number
of subscribers served by the distributor; and

"(4) permit price differentials which are made
in good faith to meet the equally low price of a
competitor.

"(c) The Commission shall prescribe rules and regulations 
to implement this section.  The Commission's rules
shall---

"(1) provide for an expedited review of any
complaints made pursuant to this section; and

"(2) provide for penalties to be assessed against
any person filing a frivolous complaint pursuant to
this section.

"(d) Any person who encrypts any satellite cable programming
for private viewing shall make such programming
available for private viewing by C-band receive-only
home satellite antenna users, without any obligation on
the direct broadcast satellite distributor or the programmer
to pay the costs necessary for C-band distribution.

"(e) This section shall not apply to the signal of an
affiliate of a national television broadcast network or other
television broadcast signal that is retransmitted by satellite
and shall not apply to any internal satellite communication
of any broadcaster, broadcast network, or cable
network.

"(f) For purposes of this section, any video programmer
who licenses video programming for distribution to
more than one cable community shall be considered a
regional distributor of video programming.  Nothing contained
in this section shall require any person who licenses
video programming for national or regional distribution to
make such programming available in any geographic area
beyond which such programming has been authorized or
licensed for distribution.

"NONDISCRIMINATION WITH RESPECT TO SATELLITE
CARRIERS

"SEC. 641. A fixed service satellite carrier that provides
service pursuant to section 119 of title 17, United
States Code---

"(1) shall not unreasonably refuse to deal with
any distributor of video programming in the provisions
of such service to home satellite earth stations
qualified to receive such service under section 119 of
title 17, United States Code; and

"(2) shall not discriminate in the price, terms,
and conditions of the sale of such service among
distributors to home satellite earth stations qualified to
receive such signals under section 119 of title 17,
United States Code, or between such distributors
and other multichannel video programming
distributors.

"AGREEMENTS BETWEEN CABLE OPERATORS AND VIDEO
PROGRAMMERS

"SEC. 642. Within one year after the date of enactment
of this section, the Commission shall establish regulations
governing program carriage agreements and related
practices between cable operators and video programmers.
Such regulations shall---

"(1) include provisions designed to prevent a
cable operator or other multichannel video programming
distributor from requiring a financial interest
in a program service as a condition for carriage on
one or more of such operator's systems;

"(2) include provisions designed to prohibit a
cable operator or other multichannel video programming
distributor from coercing a video programmer
to provide exclusive rights against other 
multichannel video programming distributors as a
condition of carriage on a system;

"(3) contain provisions designed to prevent a
multichannel video programming distributor from
engaging in conduct the effect of which is to
unreasonable restrain the ability of an unaffiliated video
programmer to compete fairly by discriminating in
video programming distribution on the basis of affiliation 
or nonaffiliation in the selection, terms, or conditions
for carriage of video programmers;

"(4) provide for expedited review of any complaints
made by a video programmer pursuant to
this section;

"(5) provide for appropriate penalties and remedies
for violations of this subsection, including
carriage; and

"(6) provide penalties to be assessed against 
any person filing a frivolous complaint pursuant to
this section.".

LEASED COMMERCIAL ACCESS

SEC. 7. (a) Section 612(a) of the Communications
Act of 1934 (47 U.S.C. 532(a)) is amended by inserting
"to promote competition in the delivery of diverse sources
of video programming and" immediately after "purpose
of this section is".

(b) Section 612(c) of the Communications Act of
1934 (47 U.S.C. 532 (c)) is amended---

(1) in paragraph (1) by inserting "and with
rules prescribed by the Commission under paragraph
(4)" immediately after "purpose of this section";
and

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

"(4)(A) The Commission shall have the authority
to---

"(i) determine the maximum reasonable rates
that a cable operator may establish pursuant to
paragraph (1) for commercial use of designated
channel capacity, including the rate charged for the
billing of rates to subscribers and for the collection
of revenue from subscribers by the cable operator for
such use; and

"(ii) establish reasonable terms and conditions
for such use, including those for billing and
collection.

"(B) Within 180 days after the date of enactment
of this paragraph, the Commission shall establish rules for
determining the maximum reasonable rate under subparagraph 
(A)(i) and for establishing terms and conditions
under subparagraph (A)(ii).".

(c) Paragraph (5) of section 612(b) of the Communications
Act of 1934 (47 U.S.C. 532(b)) is amended to
read as follows:

"(5) For the purpose of this section, the term `commercial
use' means the provision of video programming,
whether or not for profit.".

(d) Section 612 of the Communications Act of 1934
(47 U.S.C. 532) is amended by adding at the end the
following new subsection:

"(i)(1) Notwithstanding the provisions of subsections
(b) and (c), a cable operator required by this section to
designate channel capacity for commercial use may use
any such channel capacity for the provision of programming
from a qualified minority programming source (if
such source is not affiliated with the cable operator), if
such programming is not already carried on the cable
system.  The channel capacity used to provide programming
from a qualified minority programming source pursuant
to this subsection may not exceed 33 percent of the
channel capacity designated pursuant to this section.  No
programming provided over a cable system on July 1, 1990,
may qualify as minority programming on that cable 
system under this subsection.

"(2) For purposes of this subsection---

"(A) the term `qualified minority programming
source' means a programming source which devotes
significantly all of its programming to coverage of
minority viewpoints, or to programming directed at
members of minority groups, and which is over 50
percent minority-owned; and

"(B) the term `minority' includes Blacks, Hispanics,
American Indians, Alaska Natives, Asians,
and Pacific Islanders.".


********************** END OF PART 4 OF ? *****************


Newsgroups: alt.cable-tv.re-regulate