dreamproit/uscode huggingface dataset:
47 U.S.C. § 555 (TELECOMMUNICATIONS)
§ 555. Judicial proceedings
(a) Actions to review determinations by franchising authorities
Any cable operator adversely affected by any final determination made by a franchising authority under section 541(a)(1), 545 or 546 of this title may commence an action within 120 days after receiving notice of such determination, which may be brought in—
(1) the district court of the United States for any judicial district in which the cable system is located; or
(2) in any State court of general jurisdiction having jurisdiction over the parties.
(b) Available relief
The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a) and with the provisions of subsection (a).
(c) Review of constitutionality of sections 534 and 535
(1) Notwithstanding any other provision of law, any civil action challenging the constitutionality of section 534 or 535 of this title or any provision thereof shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28.
(2) Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under paragraph (1) holding section 534 or 535 of this title or any provision thereof unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.
(June 19, 1934, ch. 652, title VI, § 635, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 102–385, §§ 7(a)(2), 23, 24(b), Oct. 5, 1992, 106 Stat. 1483, 1500, 1501.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–385, § 7(a)(2), inserted “541(a)(1),” after “section”.
Subsec. (b). Pub. L. 102–385, § 24(b), inserted “and with the provisions of subsection (a)” after “subsection (a)”.
Subsec. (c). Pub. L. 102–385, § 23, added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as a note under section 325 of this title.
heading: Effective Date
text: Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
47 U.S.C. § 555a (TELECOMMUNICATIONS)
§ 555a. Limitation of franchising authority liability
(a) Suits for damages prohibited
In any court proceeding pending on or initiated after October 5, 1992, involving any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State, or local law, shall be limited to injunctive relief and declaratory relief.
(b) Exception for completed cases
The limitation contained in subsection (a) shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator’s rights.
(c) Discrimination claims permitted
Nothing in this section shall be construed as limiting the relief authorized with respect to any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves discrimination on the basis of race, color, sex, age, religion, national origin, or handicap.
(d) Rule of construction
Nothing in this section shall be construed as creating or authorizing liability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity.
(June 19, 1934, ch. 652, title VI, § 635A, as added Pub. L. 102–385, § 24(a), Oct. 5, 1992, 106 Stat. 1500.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as an Effective Date of 1992 Amendment note under section 325 of this title.
47 U.S.C. § 556 (TELECOMMUNICATIONS)
§ 556. Coordination of Federal, State, and local authority
(a) Regulation by States, political subdivisions, State and local agencies, and franchising authorities
Nothing in this subchapter shall be construed to affect any authority of any State, political subdivision, or agency thereof, or franchising authority, regarding matters of public health, safety, and welfare, to the extent consistent with the express provisions of this subchapter.
(b) State jurisdiction with regard to cable services
Nothing in this subchapter shall be construed to restrict a State from exercising jurisdiction with regard to cable services consistent with this subchapter.
(c) Preemption
Except as provided in section 557 of this title, any provision of law of any State, political subdivision, or agency thereof, or franchising authority, or any provision of any franchise granted by such authority, which is inconsistent with this chapter shall be deemed to be preempted and superseded.
(d) “State” defined
For purposes of this section, the term “State” has the meaning given such term in section 153 of this title.
(June 19, 1934, ch. 652, title VI, § 636, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 104–104, § 3(d)(3), Feb. 8, 1996, 110 Stat. 61.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
heading: Amendments
text: 1996—Subsec. (d). Pub. L. 104–104 substituted “section 153” for “section 153(v)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
47 U.S.C. § 557 (TELECOMMUNICATIONS)
§ 557. Existing franchises
(a) The provisions of—
(1) any franchise in effect on the effective date of this subchapter, including any such provisions which relate to the designation, use, or support for the use of channel capacity for public, educational, or governmental use, and
(2) any law of any State (as defined in section 153 of this title) in effect on October 30, 1984, or any regulation promulgated pursuant to such law, which relates to such designation, use or support of such channel capacity,
shall remain in effect, subject to the express provisions of this subchapter, and for not longer than the then current remaining term of the franchise as such franchise existed on such effective date.
(b) For purposes of subsection (a) and other provisions of this subchapter, a franchise shall be considered in effect on the effective date of this subchapter if such franchise was granted on or before such effective date.
(June 19, 1934, ch. 652, title VI, § 637, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 104–104, § 3(d)(3), Feb. 8, 1996, 110 Stat. 61.)
heading: Editorial Notes
heading: References in Text
text: For “the effective date of this subchapter” and “such effective date”, referred to in subsecs. (a) and (b), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as an Effective Date note under section 521 of this title.
heading: Amendments
text: 1996—Subsec. (a)(2). Pub. L. 104–104 substituted “section 153” for “section 153(v)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
47 U.S.C. § 558 (TELECOMMUNICATIONS)
§ 558. Criminal and civil liability
Nothing in this subchapter shall be deemed to affect the criminal or civil liability of cable programmers or cable operators pursuant to the Federal, State, or local law of libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur any such liability for any program carried on any channel designated for public, educational, governmental use or on any other channel obtained under section 532 of this title or under similar arrangements unless the program involves obscene material.
(June 19, 1934, ch. 652, title VI, § 638, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2801; amended Pub. L. 102–385, § 10(d), Oct. 5, 1992, 106 Stat. 1486.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–385 inserted before period at end “unless the program involves obscene material”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as a note under section 325 of this title.
heading: Effective Date
text: Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
47 U.S.C. § 559 (TELECOMMUNICATIONS)
§ 559. Obscene programming
Whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined under title 18 or imprisoned not more than 2 years, or both.
(June 19, 1934, ch. 652, title VI, § 639, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2801; amended Pub. L. 104–104, title V, § 503, Feb. 8, 1996, 110 Stat. 136.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–104 substituted “under title 18” for “not more than $10,000”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
47 U.S.C. § 561 (TELECOMMUNICATIONS)
§ 561. Scrambling of sexually explicit adult video service programming
(a) Requirement
In providing sexually explicit adult programming or other programming that is indecent on any channel of its service primarily dedicated to sexually-oriented programming, a multichannel video programming distributor shall fully scramble or otherwise fully block the video and audio portion of such channel so that one not a subscriber to such channel or programming does not receive it.
(b) Implementation
Until a multichannel video programming distributor complies with the requirement set forth in subsection (a), the distributor shall limit the access of children to the programming referred to in that subsection by not providing such programming during the hours of the day (as determined by the Commission) when a significant number of children are likely to view it.
(c) “Scramble” defined
As used in this section, the term “scramble” means to rearrange the content of the signal of the programming so that the programming cannot be viewed or heard in an understandable manner.
(June 19, 1934, ch. 652, title VI, § 641, as added Pub. L. 104–104, title V, § 505(a), Feb. 8, 1996, 110 Stat. 136.)
heading: Editorial Notes
heading: Constitutionality
text: For information regarding constitutionality of section 641 of act June 19, 1934, as added by section 505(a) of Pub. L. 104–104, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 104–104, title V, § 505(b), Feb. 8, 1996, 110 Stat. 136, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect 30 days after the date of enactment of this Act [Feb. 8, 1996].”
47 U.S.C. § 601 (TELECOMMUNICATIONS)
§ 601. Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission
(a) All duties, powers, and functions of the Interstate Commerce Commission under sections 9 to 15 of this title, relating to operation of telegraph lines by railroad and telegraph companies granted Government aid in the construction of their lines, are imposed upon and vested in the Commission: Provided, That such transfer of duties, powers, and functions shall not be construed to affect the duties, powers, functions, or jurisdiction of the Interstate Commerce Commission under, or to interfere with or prevent the enforcement of, subtitle IV of title 49.
(b) All duties, powers, and functions of the Postmaster General with respect to telegraph companies and telegraph lines under any existing provision of law are imposed upon and vested in the Commission.
(June 19, 1934, ch. 652, title VII, § 701, formerly title VI, § 601, 48 Stat. 1101; renumbered title VII, § 701, Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.)
heading: Editorial Notes
heading: Codification
text: In subsec. (a), “subtitle IV of title 49” substituted for “the Interstate Commerce Act and all Acts amendatory thereof or supplemental thereto [49 U.S.C. 1 et seq.]” on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49, Transportation.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Office of Postmaster General of Post Office Department abolished and functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service.
heading: Abolition of Interstate Commerce Commission and Transfer of Functions
text: Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.
47 U.S.C. § 607 (TELECOMMUNICATIONS)
§ 607. Effective date of chapter
This chapter shall take effect upon the organization of the Commission, except that this section and sections 151 and 154 of this title shall take effect July 1, 1934. The Commission shall be deemed to be organized upon such date as four members of the Commission have taken office.
(June 19, 1934, ch. 652, title VII, § 707, formerly title VI, § 607, 48 Stat. 1105; renumbered title VII, § 707, Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 608 (TELECOMMUNICATIONS)
§ 608. Separability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(June 19, 1934, ch. 652, title VII, § 708, formerly title VI, § 608, 48 Stat. 1105; renumbered title VII, § 708, Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 611 (TELECOMMUNICATIONS)
§ 611. Closed-captioning of public service announcements
Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee—
(1) shall not be required to supply closed captioning for any such announcement that fails to include it; and
(2) shall not be liable for broadcasting any such announcement without transmitting a closed caption unless the licensee intentionally fails to transmit the closed caption that was included with the announcement.
(June 19, 1934, ch. 652, title VII, § 711, as added Pub. L. 98–549, § 8, Oct. 30, 1984, 98 Stat. 2804; amended Pub. L. 101–336, title IV, § 402, July 26, 1990, 104 Stat. 369.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–336 amended section generally, substituting provisions relating to closed-captioning of public service announcements for provisions relating to establishment, functions, composition, etc., of Telecommunications Policy Study Commission.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
47 U.S.C. § 612 (TELECOMMUNICATIONS)
§ 612. Syndicated exclusivity
(a) The Federal Communications Commission shall initiate a combined inquiry and rulemaking proceeding for the purpose of—
(1) determining the feasibility of imposing syndicated exclusivity rules with respect to the delivery of syndicated programming (as defined by the Commission) for private home viewing of secondary transmissions by satellite of broadcast station signals similar to the rules issued by the Commission with respect to syndicated exclusivity and cable television; and
(2) adopting such rules if the Commission considers the imposition of such rules to be feasible.
(b) In the event that the Commission adopts such rules, any willful and repeated secondary transmission made by a satellite carrier to the public of a primary transmission embodying the performance or display of a work which violates such Commission rules shall be subject to the remedies, sanctions, and penalties provided by subchapter V and section 605 of this title.
(June 19, 1934, ch. 652, title VII, § 712, as added Pub. L. 100–667, title II, § 203, Nov. 16, 1988, 102 Stat. 3958; amended Pub. L. 103–414, title III, § 304(a)(17), Oct. 25, 1994, 108 Stat. 4297.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–414 struck out “, within 120 days after January 1, 1989,” after “The Federal Communications Commission shall”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1989, see section 206 of Pub. L. 100–667, set out as a note under section 119 of Title 17, Copyrights.
47 U.S.C. § 619 (TELECOMMUNICATIONS)
§ 619. Internet browsers built into telephones used with public mobile services
(a) Accessibility
If a manufacturer of a telephone used with public mobile services (as such term is defined in section 610(b)(4)(B) of this title) includes an Internet browser in such telephone, or if a provider of mobile service arranges for the inclusion of a browser in telephones to sell to customers, the manufacturer or provider shall ensure that the functions of the included browser (including the ability to launch the browser) are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable, except that this subsection shall not impose any requirement on such manufacturer or provider—
(1) to make accessible or usable any Internet browser other than a browser that such manufacturer or provider includes or arranges to include in the telephone; or
(2) to make Internet content, applications, or services accessible or usable (other than enabling individuals with disabilities to use an included browser to access such content, applications, or services).
(b) Industry flexibility
A manufacturer or provider may satisfy the requirements of subsection (a) with respect to such telephone or services by—
(1) ensuring that the telephone or services that such manufacture or provider offers is accessible to and usable by individuals with disabilities without the use of third party applications, peripheral devices, software, hardware, or customer premises equipment; or
(2) using third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals with disabilities can access.
(June 19, 1934, ch. 652, title VII, § 718, as added Pub. L. 111–260, title I, § 104(a), Oct. 8, 2010, 124 Stat. 2761.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 111–260, title I, § 104(b), Oct. 8, 2010, 124 Stat. 2761, provided that: “Section 718 of the Communications Act of 1934 [47 U.S.C. 619], as added by subsection (a), shall take effect 3 years after the date of enactment of this Act [Oct. 8, 2010].”
47 U.S.C. § 620 (TELECOMMUNICATIONS)
§ 620. Relay services for deaf-blind individuals
(a) In general
Within 6 months after October 8, 2010, the Commission shall establish rules that define as eligible for relay service support those programs that are approved by the Commission for the distribution of specialized customer premises equipment designed to make telecommunications service, Internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, accessible by low-income individuals who are deaf-blind.
(b) Individuals who are deaf-blind defined
For purposes of this subsection,1 the term “individuals who are deaf-blind” has the same meaning given such term in the Helen Keller National Center Act, as amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C. 1905(2)).
(c) Annual amount
The total amount of support the Commission may provide from its interstate relay fund for any fiscal year may not exceed $10,000,000.
(June 19, 1934, ch. 652, title VII, § 719, as added Pub. L. 111–260, title I, § 105, Oct. 8, 2010, 124 Stat. 2762; amended Pub. L. 111–265, § 2(4), (5), Oct. 8, 2010, 124 Stat. 2795.)
heading: Editorial Notes
heading: References in Text
text: The Helen Keller National Center Act, referred to in subsec. (b), is title II of Pub. L. 98–221, Feb. 22, 1984, 98 Stat. 32, which is classified principally to chapter 21 (§ 1901 et seq.) of Title 29, Labor. The term “individuals who are deaf-blind” is defined in section 206(2) of the Act, as amended by Pub. L. 102–569, which is classified to section 1905(2) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 29 and Tables.
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–265, § 2(5), inserted “low-income” after “accessible by”.
Pub. L. 111–265, § 2(4), made technical amendment to reference in original act which appears in text as reference to “October 8, 2010”.