I 
111TH CONGRESS 
1ST SESSION H. R. 3745 
To amend the Communications Act of 1934 to provide for carriage and 
display of public, educational, and government channels in a manner 
consistent with commercial channels, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2009 
Ms. BALDWIN introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to provide for 
carriage and display of public, educational, and govern-
ment channels in a manner consistent with commercial 
channels, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Access 
Preservation Act’’ or the ‘‘CAP Act’’. 
SEC. 2. AMENDMENTS. 
(a) IN GENERAL.—Section 611 of the Communica-
tions Act of 1934 (47 U.S.C. 531) is amended— 
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS
(1) by redesignating subsection (f) as sub-
section (h); and 
(2) by inserting after subsection (e) the fol-
lowing new subsections: 
‘‘(f) EQUIVALENCE.— 
‘‘(1) IN GENERAL.—In the case of any fran-
chise under which channel capacity is designated 
under subsection (b), such channel capacity shall 
be— 
‘‘(A) at least equivalent in quality, accessi-
bility, functionality, and placement to— 
‘‘(i) channel capacity used for re-
quired carriage of local commercial tele-
vision stations, as defined in section 
614(h)(1); or 
‘‘(ii) if no such stations are required 
to be carried, the channel capacity used to 
carry the primary signal of the network-af-
filiated commercial television stations car-
ried on the cable system; and 
‘‘(B) provided to and viewable by every 
subscriber of a cable system without additional 
service or equipment charges. 
‘‘(2) SIGNAL QUALITY AND CONTENT.—A cable 
operator shall— 
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(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 provided as part of the public, edu-
cational, or governmental use; and 
‘‘(B) provide facilities adequate to fulfill 
such requirements. 
‘‘(3) WAIVER.—The requirements of paragraph 
(1) may be waived by a franchising authority if the 
franchise contains an explicit provision that such re-
quirements shall not apply and such provision was 
adopted after a proceeding the conduct of which af-
forded the public adequate notice and an oppor-
tunity to participate. 
‘‘(4) ENFORCEMENT.—The requirements of this 
subsection may be enforced by a franchising author-
ity or by the Commission. 
‘‘(5) ADDITIONAL REQUIREMENTS.—Nothing in 
this subsection prevents a franchising authority from 
establishing additional requirements with respect to 
the quality, accessibility, functionality, placement, 
and provision of channel capacity designated for 
public, educational, or governmental use. 
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(g) PRESERVATION OF PUBLIC, EDUCATIONAL, AND 
GOVERNMENTAL USE.— 
‘‘(1) STUDY.—Within 180 days after the date 
of enactment of the Community Access Preservation 
Act, the Commission shall submit to Congress a re-
port 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; and 
‘‘(C) recommendations for changes re-
quired to this Act to preserve and advance lo-
calism and public, educational, and govern-
mental use of advanced communications sys-
tems. 
‘‘(2) SUPPORT.—In States that adopted legisla-
tion affecting cable system franchising requirements 
relating to support for public, educational, or gov-
ernmental use of a cable system that became effec-
tive after May 31, 2005, a cable operator shall, not-
withstanding such legislation— 
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(A) pay to any political subdivision in 
which the operator provides service the greater 
of— 
‘‘(i) the historical support that the op-
erator, or its predecessor, provided for 
public, educational, or governmental use of 
the cable system in such subdivision in ac-
cordance with this subsection; or 
‘‘(ii) the amount of any cash payment 
that the operator is required to pay to 
such subdivision under such State legisla-
tion affecting cable system franchising re-
quirements; 
‘‘(B) carry signals for public, educational, 
or governmental use from the point of origin of 
such signals to subscribers and provide facilities 
adequate to fulfill such requirements in accord-
ance with subsection (f)(2); and 
‘‘(C) provide at least the number of chan-
nels for public, educational, or governmental 
use that it was providing as of May 31, 2005. 
‘‘(3) CALCULATION OF HISTORICAL SUPPORT.— 
Historical support includes the value of all support 
provided for public, educational, or governmental 
use, including in-kind support and free services. The 
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS
cable operator shall pay support equal to the greater 
of— 
‘‘(A) the value of the support provided in 
the most recent calendar year prior to the effec-
tive date of such State legislation affecting 
cable system franchising requirements; or 
‘‘(B) the value of the annual average sup-
port provided over the term of the franchise 
pursuant to which it operated prior to such ef-
fective date, taking into account the time value 
of money. 
‘‘(4) PAYMENTS.—The amounts owed to the po-
litical subdivision under paragraph (2)(A) shall be 
paid annually, in quarterly installments, with the 
first payment being due 30 days after the date of 
enactment of the Community Access Preservation 
Act. 
‘‘(5) USES; DISPUTES.— 
‘‘(A) USES.—Support provided to any 
State or local political subdivision under this 
subsection shall be dedicated to public, edu-
cational, or governmental use of channel capac-
ity. 
‘‘(B) DISPUTES.—If there is a dispute as 
to amounts owed under this subsection, undis-
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS
puted amounts shall be paid, and the Commis-
sion shall determine on an expedited basis what, 
if any, additional amounts are owed.’’. 
(b) 
FRANCHISE
FEE
DEFINITION.—Section 
622(g)(2) of such Act (47 U.S.C. 542(g)(2)) is amend-
ed— 
(1) in subparagraph (B), by striking ‘‘in the 
case of any franchise in effect on the date of the en-
actment of this title,’’; 
(2) by striking subparagraph (C); and 
(3) by redesignating subparagraphs (D) and 
(E) as subparagraphs (C) and (D), respectively. 
(c) CABLE SERVICE DEFINITION.—Section 602(6) of 
such Act (47 U.S.C. 522(6)) is amended by striking 
‘‘means’’ and inserting ‘‘means, regardless of the tech-
nology or transmission protocol used in the provision of 
service’’. 
Æ 
VerDate Nov 24 2008 
06:14 Oct 08, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H3745.IH
H3745
wwoods2 on DSK1DXX6B1PROD with BILLS