SEC. 2. PEG SIGNAL QUALITY AND CONTENT; PRESERVA-
TION OF SUPPORT OF PEG USE. 
(a) IN GENERAL.—Section 611 of the Communica-
tions Act of 1934 (47 U.S.C. 531) is amended— 
(1) by redesignating subsection (f) as sub-
section (h); and 
(2) by inserting after subsection (e) the fol-
lowing new subsections: 
‘‘(f) SIGNAL QUALITY AND CONTENT.— 
‘‘(1) IN GENERAL.—A cable operator that oper-
ates a cable system with channel capacity designated 
under subsection (b) or that is required to provide 
channel capacity under subsection (g)(7) 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; and 
‘‘(C) provide to the appropriate local gov-
ernment subdivision, free of charge, any trans-
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mission services and the use of any trans-
mission facilities that are necessary to meet the 
requirements of subparagraph (A). 
‘‘(2) ENFORCEMENT.—The requirements of this 
subsection may be enforced by— 
‘‘(A) a local government subdivision; or 
‘‘(B) a State. 
‘‘(3) LIMITATION
ON
ADDITIONAL
REQUIRE-
MENTS.—A local government subdivision may not 
impose on a cable operator requirements relating to 
public, educational, or governmental use of a cable 
system that are in addition to the requirements of 
this subsection and subsection (g) unless— 
‘‘(A) such requirements are not incon-
sistent with this section; and 
‘‘(B) either— 
‘‘(i) such local government subdivision 
is authorized by State law to impose such 
requirements; or 
‘‘(ii) such local government subdivi-
sion is the franchising authority with re-
spect to such cable system at the time such 
requirements are imposed. 
‘‘(g) PRESERVATION OF SUPPORT OF PUBLIC, EDU-
CATIONAL, AND GOVERNMENTAL USE.— 
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‘‘(1) STUDY.—Not later than 180 days after 
the date of enactment of the Community Access 
Preservation Act, the Commission shall submit to 
Congress a report containing— 
‘‘(A) an analysis of the impact of the en-
actment of State video service franchising laws 
since 2005 on public, educational, and govern-
mental use of cable systems; 
‘‘(B) an analysis of the impact of the con-
version from analog to digital transmission 
technologies on public, educational, and govern-
mental use of cable systems; 
‘‘(C) recommendations for changes to this 
section required to preserve and advance local-
ism and public, educational, and governmental 
use of advanced communications systems, in-
cluding broadband systems; and 
‘‘(D) recommendations for changes to this 
section, after cable systems have converted to a 
fully digital delivery system, relating to require-
ments for the accessibility of public, edu-
cational, or governmental channel capacity and 
the placement of such channel capacity, except 
that such recommendations may not include al-
lowing cable operators to impose additional 
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charges on subscribers with respect to the qual-
ity, accessibility, functionality, or placement of 
such channel capacity. 
‘‘(2) 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 be-
ginning after the date of enactment of the Commu-
nity Access Preservation Act an amount for such 
year to be determined by the local government sub-
division, but not to exceed the greatest of the fol-
lowing: 
‘‘(A) The amount of support provided in 
the last calendar year ending before the effec-
tive date of such State legislation. 
‘‘(B) The average annual amount of sup-
port 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. 
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‘‘(C) The amount of support that the cable 
operator is required to provide to such local 
government subdivision under such State legis-
lation during the year involved. 
‘‘(D) An amount of support equal to 2 per-
cent of the gross revenues of the cable operator 
from the operation of the cable system to pro-
vide cable services in such local government 
subdivision during the year involved. 
‘‘(3) FORMS
OF
SUPPORT.—For purposes of 
paragraph (2), 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, pro-
vides to the local government subdivision for such 
use of the cable system. 
‘‘(4) ADJUSTMENT
FOR
INFLATION.—For a 
year beginning on or after the effective date de-
scribed in subparagraphs (A) and (B) of paragraph 
(2), on the date that the Gross National Product 
Price Index is first published by the Bureau of Eco-
nomic 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 
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first published after the end of June of the pre-
ceding year. 
‘‘(5) CASH PAYMENTS.—A cable operator that 
owes amounts under paragraph (2) shall, beginning 
not later than 30 days after the date of enactment 
of the Community Access Preservation Act, 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. 
‘‘(6) USES; DISPUTES.— 
‘‘(A) USES.—Support provided to any local 
government subdivision under this subsection 
shall be dedicated to public, educational, or gov-
ernmental use of channel capacity. 
‘‘(B) DISPUTES.— 
‘‘(i) MEDIATION.—If there is a dis-
pute as to amounts owed under this sub-
section, undisputed amounts shall be paid 
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to the local government subdivision, dis-
puted 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. 
‘‘(7) CHANNELS.—In a State that adopts legis-
lation affecting cable system franchising require-
ments 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, pro-
vide 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 gov-
ernment subdivision on the day before the effec-
tive 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 
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the local government subdivision, but not to ex-
ceed 3. 
‘‘(8) 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)) is 
amended by striking ‘‘means’’ and inserting ‘‘means, 
regardless of the technology or transmission protocol 
used in the provision of service’’. 
(2) LOCAL
GOVERNMENT
SUBDIVISION.—Sec-
tion 602 of such Act (47 U.S.C. 522) is amended— 
(A) by redesignating paragraphs (16) 
through (20) as paragraphs (17) through (21), 
respectively; and 
(B) by inserting after paragraph (15) the 
following new paragraph: 
‘‘(16) the term ‘local government subdivision’ 
means— 
‘‘(A) except as provided in subparagraph 
(B), a franchising authority that derives its 
power to grant a franchise from State or local 
law; and 
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‘‘(B) in a State that adopts legislation af-
fecting cable system franchising requirements 
relating to support for public, educational, or 
governmental use of a cable system that be-
comes effective after May 31, 2005, an entity 
that was considered a franchising authority de-
riving 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 
such Act (47 U.S.C. 542(g)(2)) is amended— 
(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), respec-
tively. 
Æ 
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