Community Access Preservation Act

To amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes. 1. Short title This Act may be cited as the Community Access Preservation Act 2. Peg signal quality and content; preservation of support of peg use (a) In general Section 611 of the Communications Act of 1934 ( 47 U.S.C. 531 (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following: (f) Signal quality and content (1) In general A cable operator that operates a cable system with channel capacity designated under subsection (b) or that is required to provide channel capacity under subsection (g)(6) shall, with respect to such channel capacity— (A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public, educational, or governmental use; (B) provide such signals to, and make such signals viewable by, every subscriber of the cable system without additional service or equipment charges; (C) provide to the appropriate local government subdivision, free of charge, any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph (A); (D) upon request by the appropriate local government subdivision, provide, not later than 180 days after the date of the request, for the transmission of such signals in— (i) high definition format; or (ii) the highest quality format that is provided by a majority of local television broadcast stations in the applicable designated market area, if the quality of that format is better than high definition; and (E) upon request by the appropriate local government subdivision, provide, not later than 180 days after the date of the request, the ability for the programming schedules of such signals to be present and updated on the electronic program guide of the cable operator in the same manner and with the same functionality as television broadcast stations in the applicable designated market area— (i) through the cable operator directly; or (ii) by the cable operator facilitating the inclusion of the programming schedules through a third party vendor, at a rate not to exceed the actual incremental cost of the inclusion. (2) Rule of construction Nothing in paragraph (1)(D) shall be construed to— (A) remove other obligations of a cable operator that are not specified under this Act; (B) require a cable operator to upgrade the quality of a signal to comply with paragraph (1)(D) if the appropriate local government subdivision determines that it is not capable of producing and transmitting programming in the required format; or (C) prohibit a cable operator from voluntarily upgrading the quality of a signal to comply with paragraph (1)(D). (3) Enforcement The requirements of this subsection may be enforced by— (A) a local government subdivision; or (B) a State. (g) Preservation of support of public, educational, and governmental use (1) Level of support required In a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, notwithstanding such legislation, a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of this subsection an amount for such year to be determined by the local government subdivision, but not to exceed the greatest of the following: (A) The amount of support provided in the last calendar year ending before the effective date of such State legislation. (B) The average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such State legislation. (C) The amount of support that the cable operator is required to provide to such local government subdivision under such State legislation during the year involved. (D) An amount of support equal to 2 percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved. (2) Forms of support For purposes of paragraph (1), support for public, educational, or governmental use of a cable system means all cash payments, in-kind support, and free services that the operator of the cable system, or its predecessor, provides to the local government subdivision for such use of the cable system. (3) Adjustment for inflation For a year beginning on or after the effective date described in subparagraphs (A) and (B) of paragraph (1), on the date that the Gross National Product Price Index is first published by the Bureau of Economic Analysis after the end of June of such year, the amounts specified in such subparagraphs shall be increased by the percentage increase, if any, in the Index published on such date from the Index first published after the end of June of the preceding year. (4) Cash payments A cable operator that owes amounts under paragraph (1) shall, beginning not later than 30 days after the date of enactment of this subsection, pay such amounts in cash— (A) in accordance with the schedule for payment of franchise fees, communications taxes, or other similar assessments under any applicable franchise; or (B) if there is no payment schedule for such assessments under an applicable franchise, in accordance with the most frequent payment schedule for such assessments under applicable State or local law. (5) Uses; disputes (A) Uses Support provided to any local government subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity. (B) Disputes (i) Mediation If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid to the local government subdivision, disputed amounts shall be paid into an escrow account, and the parties shall submit to nonbinding mediation. (ii) Court proceedings If the dispute cannot be settled using mediation, either party may seek relief from a court of competent jurisdiction. (6) Channels In a State that adopts legislation affecting cable system franchising requirements relating to the number of channels for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, a cable operator shall, notwithstanding such legislation, provide in a local government subdivision at least the greater of the following number of channels for such use: (A) The number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such State legislation. (B) If the operator provided fewer than 3 channels for such use in the local government subdivision on the day before the effective date of such State legislation, a number specified by the local government subdivision, but not to exceed 3. (7) Enforcement The requirements of this subsection may be enforced by— (A) a local government subdivision; or (B) a State. . (b) Definitions (1) Cable service Section 602(6) of the Communications Act of 1934 ( 47 U.S.C. 522(6) means means, regardless of the technology or transmission protocol used in the provision of service (2) Local government subdivision Section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 (A) by redesignating paragraphs (13) through (20) as paragraphs (14) through (21), respectively; and (B) by inserting after paragraph (12) the following: (13) the term local government subdivision (A) except as provided in subparagraph (B), a franchising authority that derives its power to grant a franchise from State or local law; and (B) in a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, an entity that was considered a franchising authority deriving its power to grant a franchise from State or local law as of the day before the effective date of such State legislation; . (3) Franchise fee Section 622(g)(2) of the Communications Act of 1934 ( 47 U.S.C. 542(g)(2) (A) in subparagraph (B), by striking in the case of any franchise in effect on the date of enactment of this title, (B) by striking subparagraph (C); and (C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.

Summary: Community Access Preservation Act Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data; (2) provide viewable signals to every cable subscriber without additional service or equipment charges; and (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Directs such cable system operators, upon request by the appropriate LGS, to provide for: (1) the transmission of such signals in high definition format or better; and (2) the programming schedules of such signals to be present and updated on the electronic program guide of the cable operator, with the same functionality as television broadcast stations in the applicable designated market area, through the cable operator directly or through a third party vendor. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation; and (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines "local government subdivision" (referred to above as an LGS) as a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of "franchise fee" including by striking a provision prohibiting such a fee from including (in the case of a franchise granted after the enactment of the Cable Communications Policy Act of 1984) capital costs that the franchise requires the cable operator to incur for PEG access facilities.