HR 5252 RFS 
‘‘(i) shall give notice of each alleged 
violation to the cable operator; 
‘‘(ii) shall provide a period of not less 
than 30 days for the cable operator to re-
spond to such allegations; and 
‘‘(iii) during such period, may require 
the cable operator to submit a written re-
sponse stating the reasons why the oper-
ator has not violated this subsection. 
‘‘(C) BIANNUAL REPORT.—A cable oper-
ator with a national franchise under this section 
for a franchise area, not later than 180 days 
after the effective date of such national fran-
chise, and biannually thereafter, shall submit a 
report to the Commission and the franchising 
authority in the franchise area— 
‘‘(i) identifying the geographic areas 
in the franchise area where the cable oper-
ator offers cable service; and 
‘‘(ii) describing the cable operator’s 
progress in extending cable service to other 
areas in the franchise area. 
‘‘(D) NOTICE BY COMMISSION.—Upon re-
ceipt of a complaint under this paragraph alleg-
ing a violation of this subsection by a cable op-
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS
HR 5252 RFS 
erator, the Commission shall give notice of the 
complaint to the cable operator. 
‘‘(E) INVESTIGATION.—In investigating a 
complaint under this paragraph, the Commis-
sion may require a cable operator to disclose to 
the Commission such information and docu-
ments as the Commission deems necessary to 
determine whether the cable operator is in com-
pliance with this subsection. The Commission 
shall maintain the confidentiality of any infor-
mation or document collected under this sub-
paragraph. 
‘‘(F) DEADLINE
FOR
RESOLUTION
OF 
COMPLAINTS.—Not more than 60 days after 
the Commission receives a complaint under this 
paragraph, the Commission shall issue a deter-
mination with respect to each violation alleged 
in the complaint. 
‘‘(G) DETERMINATION.—If the Commis-
sion determines (in response to a complaint 
under this paragraph or on its own initiative) 
that a cable operator with a franchise under 
this section to provide cable service in a fran-
chise area has denied access to its cable service 
to a group of potential residential cable service 
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS
HR 5252 RFS 
subscribers in such franchise area because of 
the income of that group, the Commission shall 
ensure that the cable operator extends access to 
that group within a reasonable period of time. 
‘‘(H) REMEDIES.— 
‘‘(i) IN
GENERAL.—This subsection 
shall be enforced by the Commission under 
titles IV and V. 
‘‘(ii) MAXIMUM
FORFEITURE
PEN-
ALTY.—For purposes of section 503, the 
maximum forfeiture penalty applicable to a 
violation of this subsection shall be 
$750,000 for each day of the violation. 
‘‘(iii) PAYMENT
OF
PENALTIES
TO 
FRANCHISING AUTHORITY.—The Commis-
sion shall order any cable operator subject 
to a forfeiture penalty under this sub-
section to pay the penalty directly to the 
franchising authority involved. 
‘‘(i) CHILD PORNOGRAPHY.—Not later than 180 
days after the date of enactment of this section, the Com-
mission shall promulgate regulations to require a cable op-
erator with a national franchise under this section to pre-
vent the distribution of child pornography (as such term 
is defined in section 254(h)(7)(F)) over its network. 
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS
HR 5252 RFS 
‘‘(j) LEASED ACCESS.—The provisions of section 
612(i) regarding the carriage of programming from a 
qualified minority programming source or from any quali-
fied educational programming source shall apply to a cable 
operator franchised under this section to provide cable 
service in a franchise area. 
‘‘(k) APPLICABILITY OF OTHER PROVISIONS.—The 
provisions of this title that apply to a cable operator shall 
apply in a franchise area to a person or group with a na-
tional franchise under this section to provide cable service 
in such franchise area, except that the following sections 
shall not apply in a franchise area to a person or group 
franchised under this section in such franchise area, or 
confer any authority to regulate or impose obligations on 
such person or group in such franchise area: Sections 
611(a), 611(b), 611(c), 613(a), 617, 621 (other than sub-
sections (b)(3)(A), (b)(3)(B), (b)(3)(C), and (c)), 624(b), 
624(c), 624(h), 625, 626, 627, and 632(a). 
‘‘(l) EMERGENCY ALERTS.—Nothing in this section 
shall be construed to prohibit a State or local government 
from accessing the emergency alert system of a cable oper-
ator with a franchise under this section in the area served 
by the State or local government to transmit local or re-
gional emergency alerts. 
‘‘(m) REPORTING, RECORDS, AND AUDITS.— 
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS