134 
such paragraph, or the first term so defined if 
the paragraph defines more than 1 term; and 
(B) by striking ‘‘the’’ the first place it ap-
pears and inserting ‘‘The’’. 
SEC. 315. FAMILY TIER STUDY. 
(a) IN GENERAL.—The Congress endorses and com-
mends cable operators, satellite providers, and other multi- 
channel video programming distributors for their voluntary 
efforts to offer family program tiers that seek to meet con-
sumer demand for programming packages free of indecent 
and obscene programming suitable for family audiences. 
(b) DATA COLLECTION.—Every multichannel video 
programming distributor shall submit an annual report to 
the Federal Communications Commission on family tiers 
that includes whether it offers a family tier, the retail price 
of such tier, a description of the channels included in such 
tier, a description of the distributor’s efforts to market such 
tier, and the subscribership level for every tier and package 
offered by such distributor. The Commission shall keep con-
fidential any data that is not available in the public do-
main on the date of submission. 
(c) REPORT TO CONGRESS.—Within 1 year after the 
date of enactment of this Act, and every year thereafter for 
5 years, the Commission shall submit a report to Congress 
aggregating the data it receives pursuant to subsection (b). 
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SEC. 316. NOTICE OF INQUIRY ON VIOLENT PROGRAMMING. 
Not later than 180 days after the date of enactment 
of this Act, the Federal Communications Commission shall 
complete its Notice of Inquiry and issue its finding in the 
matter of Violent Television Programming and Its Impact 
on Children, MB Docket No. 04–261. 
Subtitle B—Streamlining the 
Provision of Video Services 
SEC. 331. FRANCHISE REQUIREMENTS AND RELATED PRO-
VISIONS. 
(a) GENERAL FRANCHISE REQUIREMENTS.—Section 
621 (47 U.S.C. 541) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.— 
‘‘(1) AWARD OF FRANCHISE.—A franchising au-
thority may not— 
‘‘(A) grant an exclusive franchise; or 
‘‘(B) grant a franchise for a term shorter 
than 5 years or longer than 15 years as provided 
in section 603. 
‘‘(2) PRESERVATION OF LOCAL GOVERNMENT AU-
THORITY TO MANAGE PUBLIC RIGHTS-OF-WAY; EASE-
MENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
this title, no State or local law may prohibit, or 
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have the effect of prohibiting, a video service pro-
vider from offering video service. 
‘‘(B) HOLD HARMLESS.—A State or local 
government shall apply its laws or regulations 
in a manner that is reasonable, competitively 
neutral, nondiscriminatory, and consistent with 
State police powers, including permitting, pay-
ments for bonds, security funds, letters of credit, 
insurance, indemnification, penalties, or liq-
uidated damages to ensure compliance with such 
laws and regulations. Any permitting fees im-
posed by a State or local government shall be for 
the purpose of compensating that government for 
the costs incurred in managing public rights-of- 
way. Any law or regulation that meets the re-
quirements of this subparagraph shall not be 
held to violate subparagraph (A). 
‘‘(C) PROPERTY OWNERS.—Nothing in this 
title precludes a State or local government from 
requiring that a property owner be justly com-
pensated by a video service provider for damage 
caused by the installation, construction, oper-
ation, or removal of facilities by the video service 
provider. 
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