HR 5252 RFS 
a franchise area of any person or group , the 
Commission may refuse to accept for filing a 
new certification for authority of such person or 
group to provide cable service under this section 
in such franchise area until the Commission de-
termines that the basis of such revocation has 
been remedied. 
‘‘(G) RETURN TO LOCAL FRANCHISING IF 
CABLE COMPETITION CEASES.— 
‘‘(i) If only one cable operator is pro-
viding cable service in a franchise area, 
and that cable operator obtained a national 
franchise for such franchise area under 
subsection (d)(2), the franchising authority 
for such franchise area may file a petition 
with the Commission requesting that the 
Commission terminate such national fran-
chise for such franchise area. 
‘‘(ii) The Commission shall provide 
public notice and opportunity to comment 
on such petition. If it finds that the re-
quirements of clause (i) are satisfied, the 
Commission shall issue an order granting 
such petition. Such order shall take effect 
one year from the date of such grant, if no 
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS
HR 5252 RFS 
other cable operator offers cable service in 
such area during that one year. If another 
cable operator does offer cable service in 
such franchise area during that one year, 
the Commission shall rescind such order 
and dismiss such petition. 
‘‘(iii) A cable operator whose national 
franchise is terminated for such franchise 
area under this subparagraph may obtain 
new authority to provide cable service in 
such franchise area under this section, sec-
tion 621, or any other law, if and when eli-
gible. 
‘‘(c) REQUIREMENTS OF NATIONAL FRANCHISE.—A 
national franchise shall contain the following require-
ments: 
‘‘(1) FRANCHISE FEE.—A cable operator au-
thorized under this section to provide cable service 
in a franchise area shall pay to the franchising au-
thority in such franchise area a franchise fee of up 
to 5 percent (as determined by the franchising au-
thority) of such cable operator’s gross revenues from 
the provision of cable service under this section in 
such franchise area. Such payment shall be assessed 
and collected in a manner consistent with section 
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS
HR 5252 RFS 
622 and the definitions of gross revenues and fran-
chise fee in this section. 
‘‘(2) PEG/I-NET REQUIREMENTS.—A cable op-
erator authorized under this section to provide cable 
service in a franchise area shall comply with the re-
quirements of subsection (e). 
‘‘(3) RIGHTS-OF-WAY.—A cable operator au-
thorized under this section to provide cable service 
in a franchise area shall comply with the rights-of- 
way requirements of the franchising authority under 
subsection (f). 
‘‘(4) CONSUMER PROTECTION AND CUSTOMER 
SERVICE STANDARDS.—A cable operator authorized 
under this section to provide cable service in a fran-
chise area shall comply with the consumer protection 
and customer service standards established by the 
Commission under section 632(b). 
‘‘(5) CHILD PORNOGRAPHY.—A cable operator 
authorized under this section to provide cable service 
in a franchise area shall comply with the regulations 
on child pornography promulgated pursuant to sub-
section (i). 
‘‘(d) ELIGIBILITY
FOR NATIONAL FRANCHISES.— 
The following persons or groups are eligible to obtain a 
national franchise under this section: 
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS
HR 5252 RFS 
‘‘(1) COMMENCEMENT OF SERVICE AFTER EN-
ACTMENT.—A person or group that is not providing 
cable service in a franchise area on the date of en-
actment of this section under section 621 or any 
other law may obtain a national franchise under this 
section to provide cable service in such franchise 
area. 
‘‘(2) EXISTING
PROVIDERS
OF
CABLE
SERV-
ICE.—A person or group that is providing cable 
service in a franchise area on the date of enactment 
of this section under section 621 or any other law 
may obtain a franchise under this section to provide 
cable service in such franchise area if, on the date 
that the national franchise becomes effective, an-
other person or group is providing cable service 
under this section, section 621, or any other law in 
such franchise area. 
‘‘(e) PUBLIC, EDUCATIONAL, AND GOVERNMENTAL 
USE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), a 
cable operator with a national franchise for a fran-
chise area under this section shall provide channel 
capacity for public, educational, and governmental 
use that is not less than the channel capacity re-
quired of the cable operator with the most sub-
VerDate Aug 31 2005 
23:05 Jun 12, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5252.RFS
H5252
sroberts on PROD1PC70 with BILLS