Cable Communications Policy Act of 1984
PL 98-549 (S.66), enacted 10/30/1984

PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2779 
Public Law 98-549 
98th Congress 
An Act 
To amend the Communications Act of 1934 to provide a national policy regarding 
Oct. 30, 1984 
cable television. 
[g ggj 
Be it enacted by the Senate and House of Representatives of the Cable 
United States of America in Congress assembled, 
Communications 
Policy Act of 
-^ 
1984. 
SHORT TITLE; TABLE OF CONTENTS 
SECTION 1. (a) This Act may be cited as the "Cable Communica- 47 use 609 note. 
tions PoUcy Act of 1984". 
(b) The table of contents for this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of Communications Act of 1934. 
"TITLE VI—CABLE COMMUNICATIONS 
"PART I—GENERAL PROVISIONS 
"Sec. 601. Purposes. 
"Sec. 602. Definitions. 
"PART II—USE OF CABLE CHANNELS AND OWNERSHIP RESTRICTIONS 
"Sec. 611. Cable channels for public, educational, or governmental use. 
"Sec. 612. Cable channels for commercial use. 
"Sec. 613. Ownership restrictions. 
"PART III—FRANCHISING AND REGULATION 
"Sec. 621. General franchise requirements. 
"Sec. 622. Franchise fees. 
"Sec. 623. Regulation of rates. 
"Sec. 624. Regulation of services, facilities, and equipment. 
"Sec. 625. Modification of franchise obligations. 
"Sec. 626. Renewal. 
"Sec. 627. Conditions of sale. 
"PART IV—MISCELLANEOUS PROVISIONS 
"Sec. 631. Protection of subscriber privacy. 
"Sec. 632. Consumer protection. 
"Sec. 633. Unauthorized reception of cable service. 
"Sec. 634. Equal employment opportunity. 
"Sec. 635. Judicial proceedings. 
"Sec. 636. Coordination of Federal, State, and local authority. 
"Sec. 637. Existing franchises. 
"Sec. 638. Criminal and civil liability. 
"Sec. 639. Obscene programming.". 
Sec. 3. Jurisdiction. 
Sec. 4. Pole attachments. 
Sec. 5. Unauthorized reception of certain communications. 
Sec. 6. Technical and conforming amendments. 
Sec. 7. Support of activities of the United States Telecommunications Training 
Institute. 
Sec. 8. Telecommunications Policy Study Commission. 
Sec. 9. Effective date. 
98 STAT. 2780 
PUBLIC LAW 98-549—OCT. 30, 1984 
AMENDMENT OF COMMUNICATIONS ACT OF 1934 
SEC. 2. The Communications Act of 1934 is amended by inserting 
after title V the following new title: 
"TITLE VI—CABLE COMMUNICATIONS 
"PART I—GENERAL PROVISIONS 
"PURPOSES 
47 use 521. 
"SEC. 601. The purposes of this title are to— 
"(1) establish a national policy concerning cable communica-
tions; 
"(2) establish franchise procedures and standards which en-
courage the growth and development of cable systems and 
which assure that cable systems are responsive to the needs and 
interests of the local community; 
"(3) establish guidelines for the exercise of Federal, State, and 
local authority with respect to the regulation of cable systems; 
"(4) assure that cable communications provide and are encour-
aged to provide the widest possible diversity of information 
sources and services to the public; 
"(5) establish an orderly process for franchise renewal which 
protects cable operators against unfair denials of renewal where 
the operator's past performance and proposal for future per-
formance meet the standards established by this title; and 
"(6) promote competition in cable communications and mini-
mize unnecessary regulation that would impose an undue eco-
nomic burden on cable systems. 
"DEFINITIONS 
47 use 522. 
"SEC. 602. For purposes of this title— 
"(1) the term 'affiliate', when used in relation to any person, 
means another person who owns or controls, is owned or con-
trolled by, or is under common ownership or control with, such 
person; 
"(2) the term 'basic cable service' means any service tier 
which includes the retransmission of local television broadcast 
signals; 
"(3) the term 'cable channel' or 'channel' means a portion of 
the electromagnetic frequency spectrum which is used in a 
cable system and which is capable of delivering a television 
channel (as television channel is defined by the Commission by 
regulation); 
"(4) the term 'cable operator' means any person or group of 
persons (A) who provides cable service over a cable system and 
directly or through one or more affiliates owns a significant 
interest in such cable system, or (B) who otherwise controls or is 
responsible for, through any arrangement, the management 
and operation of such a cable system; 
"(5) the term 'cable service' means— 
"(A) the one-way transmission to subscribers of (i) video 
programming, or (ii) other programming service, and 
"(B) subscriber interaction, if any, which is required for 
the selection of such video programming or other program-
ming service; 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2781 
"(6) the term 'cable system' means a facility, consisting of a 
set of closed transmission paths and associated signal genera-
tion, reception, and control equipment that is designed to pro-
vide cable service which includes video programming and which 
is provided to multiple subscribers within a community, but 
such term does not include (A) a facility that serves only to 
retransmit the television signals of 1 or more television broad-
cast stations; (B) a facility that serves only subscribers in 1 or 
more multiple unit dwellings under common ownership, con-
trol, or management, unless such facility or facilities uses any 
public right-of-way; (C) a facility of a common carrier which is 
subject, in whole or in part, to the provisions of title II of this 
Act, except that such facility shall be considered a cable system 
(other than for purposes of section 621(c)) to the extent such 
facility is used in the transmission of video programming di-
rectly to subscribers; or (D) any facilities of any electric utility 
used solely for operating its electric utility systems; 
"(7) the term 'Federal agency' means any agency of the 
United States, including the Commission; 
"(8) the term 'franchise' means an initial authorization, or 
renewal thereof (including a renewal of an authorization which 
has been granted subject to section 626), issued by a franchising 
authority, whether such authorization is designated as a fran-
chise, permit, license, resolution, contract, certificate, agree-
ment, or otherwise, which authorizes the construction or 
operation of a cable system; 
"(9) the term 'franchising authority' means any governmental 
entity empowered by Federal, State, or local law to grant a 
franchise; 
"(10) the term 'grade B contour' means the field strength of a 
television broadcast station computed in accordance with regu-
lations promulgated by the Commission; 
"(11) the term 'other programming service' means informa-
tion that a cable operator makes available to all subscribers 
generally; 
"(12) the term 'person' means an individual, partnership, 
association, joint stock company, trust, corporation, or govern-
mental entity; 
"(13) the term 'public, educational, or governmental access 
facilities' means— 
"(A) channel capacity designated for public, educational, 
or governmental use; and 
"(B) facilities and equipment for the use of such channel 
capacity; 
"(14) the term 'service tier' means a category of cable service 
or other services provided by a cable operator and for which a 
separate rate is charged by the cable operator; 
"(15) the term 'State' means any State, or political subdivi-
sion, or agency thereof; and 
"(16) the term 'video programming' means programming pro-
vided by, or generally considered comparable to programming 
provided by, a television broadcast station. 
98 STAT. 2782 
PUBLIC LAW 98-549—OCT. 30, 1984 
"PART II—USE OF CABLE CHANNELS AND CABLE OWNERSHIP 
RESTRICTIONS 
"CABLE CHANNELS FOR PUBUC, EDUCATIONAL, OR GOVERNMENTAL USE 
47 use 531. 
"SEC. 611, (a) A franchising authority may establish requirements 
in a franchise with respect to the designation or use of channel 
capacity for public, educational, or governmental use only to the 
extent provided in this section. 
"(b) A franchising authority may in its request for proposals 
require as part of a franchise, and may require as part of a cable 
operator's proposal for a franchise renewal, subject to section 626, 
that channel capacity be designated for public, educational, or 
governmental use, and channel capacity on institutional networks 
be designated for educational or governmental use, and may require 
rules and procedures for the use of the channel capacity designated 
pursuant to this section. 
"(c) A franchising authority may enforce any requirement in any 
franchise regarding the providing or use of such channel capacity. 
Such enforcement authority includes the authority to enforce any 
provisions of the franchise for services, facilities, or equipment 
proposed by the cable operator which relate to public, educational, 
or governmental use of channel capacity, whether or not required by 
the franchising authority pursuant to subsection (b). 
"(d) In the case of any franchise under which channel capacity is 
designated under subsection (b), the franchising authority shall 
prescribe— 
"(1) rules and procedures under which the cable operator is 
permitted to use such channel capacity for the provision of 
other services if such channel capacity is not being used for the 
purposes designated, and 
"(2) rules and procedures under which such permitted use 
shall cease. 
"(e) Subject to section 624(d), a cable operator shall not exercise 
any editorial control over any public, educational, or governmental 
use of channel capacity provided pursuant to this section. 
"(f) For purposes of this section, the term 'institutional network' 
means a communication network which is constructed or operated 
by the cable operator and which is generally available only to 
subscribers who are not residential subscribers. 
"CABLE CHANNELS FOR COMMERCIAL USE 
47 use 532. 
"SEC. 612. (a) The purpose of this section is to assure that the 
widest possible diversity of information sources are made available 
to the public from cable systems in a manner consistent with growth 
and development of cable systems. 
"(bXD A cable operator shall designate channel capacity for com-
mercial use by persons unaffiliated with the operator in accordance 
with the following requirements: 
"(A) An operator of any cable system with 36 or more (but not 
more than 54) activated channels shall designate 10 percent of 
such channels which are not otherwise required for use (or the 
use of which is not prohibited) by Federal law or regulation. 
"(B) An operator of any cable system with 55 or more (but not 
more than 100) activated channels shall designate 15 percent of 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2783 
such channels which are not otherwise required for use (or the 
use of which is not prohibited) by Federal law or regulation. 
"(C) An operator of any cable system with more than 100 
activated channels shall designate 15 percent of all such 
channels. 
"(D) An operator of any cable system with fewer than 36 
activated channels shall not be required to designate channel 
capacity for commercial use by persons unaffiliated with the 
operator, unless the cable system is required to provide such 
channel capacity under the terms of a franchise in effect on the 
date of the enactment of this title. 
"(E) An operator of any cable system in operation on the date 
of the enactment of this title shall not be required to remove 
any service actually being provided on July 1, 1984, in order to 
comply with this section, but shall make channel capacity 
available for commercial use as such capacity becomes available 
until such time as the cable operator is in full compliance with 
this section. 
"(2) Any Federal agency. State, or franchising authority may not 
require any cable system to designate channel capacity for commer-
cial use by unaffiliated persons in excess of the capacity specified in 
paragraph (1), except as otherwise provided in this section. 
"(3) A cable operator may not be required, as part of a request for 
proposals or as part of a proposal for renewal, subject to section 626, 
to designate channel capacity for any use (other than commercial 
use by unaffiliated persons under this section) except as provided in 
sections 611 and 637, but a cable operator may offer in a franchise, 
or proposal for renewal thereof, to provide, consistent with applica-
ble law, such capacity for other than commercial use by such 
persons. 
"(4) A cable operator may use any unused channel capacity 
designated pursuant to this section until the use of such channel 
capacity is obtained, pursuant to a written agreement, by a person 
unaffiliated with the operator. 
"(5) For the purposes of this section— 
"(A) the term 'activated channels' means those channels engi-
neered at the headend of the cable system for the provision of 
services generally available to residential subscribers of the 
cable system, regardless of whether such services actually are 
provided, including any channel designated for public, educa-
tional, or governmental use; and 
"(B) the term 'commercial use' means the provision of video 
programming, whether or not for profit. 
"(6) Any channel capacity which has been designated for public, 
educational, or governmental use may not be considered as desig-
nated under this section for commercial use for purpose of this 
section. 
"(c)(1) If a person unaffiliated with the cable operator seeks to use 
channel capacity designated pursuant to subsection (b) for commer-
cial use, the cable operator shall establish, consistent with the 
purpose of this section, the price, terms, and conditions of such use 
which are at least sufficient to assure that such use will not 
adversely affect the operation, financial condition, or market devel-
opment of the cable system. 
"(2) A cable operator shall not exercise any editorial control over 
any video programming provided pursuant to this section, or in any 
other way consider the content of such programming, except that an 
98 STAT. 2784 
PUBLIC LAW 98-549—OCT. 30, 1984 
operator may consider such content to the minimum extent neces-
sary to establish a reasonable price for the commercial use of 
designated channel capacity by an unaffiliated person. 
"(3) Any cable system channel designated in accordance with this 
section shall not be used to provide a cable service that is being 
provided over such system on the date of the enactment of this title, 
if the provision of such programming is intended to avoid the 
purpose of this section. 
Courts, U.S. 
"(d) Any person aggrieved by the failure or refusal of a cable 
operator to make channel capacity available for use pursuant to this 
section may bring an action in the district court of the United States 
for the judicial district in which the cable system is located to 
compel that such capacity be made available. If the court finds that 
the channel capacity sought by such person has not been made 
available in accordance with this section, or finds that the price, 
terms, or conditions established by the cable operator are unreason-
able, the court may order such system to make available to such 
person the channel capacity sought, and further determine the 
appropriate price, terms, or conditions for such use consistent with 
subsection (c), and may award actual damages if it deems such relief 
appropriate. In any such action, the court shall not consider any 
price, term, or condition established between an operator and an 
affiliate for comparable services. 
"(eXD Any person aggrieved by the failure or refusal of a cable 
operator to make channel capacity available pursuant to this section 
may petition the Commission for relief under this subsection upon a 
showing of prior adjudicated violations of this section. Records of 
previous adjudications resulting in a court determination that the 
operator has violated this section shall be considered as sufficient 
for the showing necessary under this subsection. If the Commission 
finds that the channel capacity sought by such person has not been 
made available in accordance with this section, or that the price, 
terms, or conditions established by such system are unreasonable 
under subsection (c), the Commission shall, by rule or order, require 
such operator to make available such channel capacity under price, 
terms, and conditions consistent with subsection (c). 
"(2) In any case in which the Commission finds that the prior 
adjudicated violations of this section constitute a pattern or practice 
of violations by an operator, the Commission may also establish any 
further rule or order necessary to assure that the operator provides 
the diversity of information sources required by this section. 
"(3) In any case in which the Commission finds that the prior 
adjudicated violations of this section constitute a pattern or practice 
of violations by any person who is an operator of more than one 
cable system, the Commission may also establish any further rule or 
order necessary to assure that such person provides the diversity of 
information sources required by this section. 
"(f) In any action brought under this section in any Federal 
district court or before the Commission, there shall be a presump-
tion that the price, terms, and conditions for use of channel capacity 
designated pursuant to subsection (b) are reasonable and in good 
faith unless shown by clear and convincing evidence to the contrary. 
"(g) Notwithstanding sections 621(c) and 623(a), at such time as 
cable systems with 36 or more activated channels are available to 70 
percent of households within the United States and are subscribed 
to by 70 percent of the households to which such systems are 
available, the Commission may promulgate any additional rules 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2785 
necessary to provide diversity of information sources. Any rules 
promulgated by the Commission pursuant to this subsection shall 
not preempt authority expressly granted to franchising authorities 
under this title. 
"(h) Any cable service offered pursuant to this section shall not be 
provided, or shall be provided subject to conditions, if such cable 
service in the judgment of the franchising authority is obscene, or is 
in conflict with community standards in that it is lewd, lascivious, 
filthy, or indecent or is otherwise unprotected by the Constitution of 
the United States. 
"OWNERSHIP RESTRICTIONS 
"SEC. 613. (a) It shall be unlawful for any person to be a cable 47 use 533. 
operator if such person, directly or through 1 or more affiliates, 
owns or controls, the licensee of a television broadcast station and 
the predicted grade B contour of such station covers any portion of 
the community served by such operator's cable system. 
"(b)(1) It shall be unlawful for any common carrier, subject in 
whole or in part to title II of this Act, to provide video programming 47 use 201. 
directly to subscribers in its telephone service area, either directly 
or indirectly through an affiliate owned by, operated by, controlled 
by, or under common control with the common carrier. 
"(2) It shall be unlawful for any common carrier, subject in whole 
or in part to title II of this Act, to provide channels of communica-
tions or pole line conduit space, or other rental arrangements, to 
any entity which is directly or indirectly owned by, operated by, 
controlled by, or under common control with such common carrier, 
if such facilities or arrangements are to be used for, or in connection 
with, the provision of video programming directly to subscribers in 
the telephone service area of the common carrier. 
"(3) This subsection shall not apply to any common carrier to the 
extent such carrier provides telephone exchange service in any 
rural area (as defined by the Commission). 
"(4) In those areas where the provision of video programming 
directly to subscribers through a cable system demonstrably could 
not exist except through a cable system owned by, operated by, 
controlled by, or affiliated with the common carrier involved, or 
upon other showing of good cause, the Commission may, on petition 
for waiver, waive the applicability of paragraphs (1) and (2) of this 
subsection. Any such waiver shall be made in accordance with 
section 63.56 of title 47, Code of Federal Regulations (as in effect 
September 20, 1984) and shall be granted by the Commission upon a 
finding that the issuance of such waiver is justified by the particular 
circumstances demonstrated by the petitioner, taking into account 
the policy of this subsection. 
"(c) The Commission may prescribe rules with respect to the 
ownership or control of cable systems by persons who own or control 
other media of mass communications which serve the same commu-
nitv served by a cable system. 
' (d) Any State or franchising authority may not prohibit the 
ownership or control of a cable system by any person because of 
such person's ownership or control of any media of mass communi-
cations or other media interests. 
"(e)(1) Subject to paragraph (2), a State or franchising authority 
may hold any ownership interest in any cable system. 
"(2) Any State or franchising authority shall not exercise any 
editorial control regarding the content of any cable service on a 
98 STAT. 2786 
PUBLIC LAW 98-549—OCT. 30, 1984 
cable system in which such governmental entity holds ownership 
interest (other than programming on any channel designated for 
educational or governmental use), unless such control is exercised 
through an entity separate from the franchising authority. 
"(f) This section shall not apply to prohibit any combination of any 
interests held by any person on July 1, 1984, to the extent of the 
interests so held as of such date, if the holding of such interests was 
^ 
not inconsistent with any applicable Federal or State law or regula-
tions in effect on that date. 
"(g) For purposes of this section, the term 'media of mass commu-
nications' shall have the meaning given such term under section 
47 use 309. 
309(i)(3)(C)(i) of this Act. 
"PART III—FRANCHISING AND REGULATION 
"GENERAL FRANCHISE REQUIREMENTS 
47 use 541. 
"SEC. 621. (a)(1) A franchising authority may award, in accordance 
with the provisions of this title, 1 or more franchises within its 
jurisdiction. 
"(2) Any franchise shall be construed to authorize the construc-
tion of a cable system over public rights-of-way, and through ease-
ments, which is within the area to be served by the cable system and 
which have been dedicated for compatible uses, except that in using 
such easements the cable operator shall ensure— 
"(A) that the safety, functioning, and appearance of the prop-
erty and the convenience and safety of other persons not be 
adversely affected by the installation or construction of facili-
ties necessary for a cable system; 
"(B) that the cost of the installation, construction, operation, 
or removal of such facilities be borne by the cable operator or 
subscriber, or a combination of both; and 
"(C) that the owner of the property be justly compensated by 
the cable operator for any damages caused by the installation, 
construction, operation, or removal of such facilities by the 
cable operator. 
"(3) In awarding a franchise or franchises, a franchising authority 
shall assure that access to cable service is not denied to any group of 
potential residential cable subscribers because of the income of the 
residents of the local area in which such group resides. 
"(b)(1) Except to the extent provided in paragraph (2), a cable 
operator may not provide cable service without a franchise. 
"(2) Paragraph (1) shall not require any person lawfully providing 
cable service without a franchise on July 1, 1984, to obtain a 
franchise unless the franchising authority so requires. 
"(c) Any cable system shall not be subject to regulation as a 
common carrier or utility by reason of providing any cable service. 
"(d)(1) A State or the Commission may require the filing of 
informational tariffs for any intrastate communications service pro-
vided by a cable system, other than cable service, that would be 
subject to regulation by the Commission or any State if offered by a 
47 use 201. 
common carrier subject, in whole or in part, to title II of this Act. 
Such informational tariffs shall specify the rates, terms, and condi-
tions for the provision of such service, including whether it is made 
available to all subscribers generally, and shall take effect on the 
date specified therein. 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2787 
"(2) Nothing in this title shall be construed to affect the authority 
of any State to regulate any cable operator to the extent that such 
operator provides any communication service other than cable serv-
ice, whether offered on a common carrier or private contract basis. 
"(3) For purposes of this subsection, the term 'State' has the 
meaning given it in section 3(v). 
47 use 153. 
"(e) Nothing in this title shall be construed to affect the authority 
of any State to license or otherwise regulate any facility or combina-
tion of facilities which serves only subscribers in one or more 
multiple unit dwellings under common ownership, control, or man-
agement and which does not use any public right-of-way. 
"FRANCHISE FEES 
"SEC. 622. (a) Subject to the limitation of subsection (b), any cable 47 use 542. 
operator may be required under the terms of any franchise to pay a 
franchise fee. 
"(b) For any twelve-month period, the franchise fees paid by a 
cable operator with respect to any cable system shall not exceed 5 
percent of such cable operator's gross revenues derived in such 
period from the operation of the cable system. For purposes of this 
section, the 12-month period shall be the 12-month period applicable 
under the franchise for accounting purposes. Nothing in this subsec-
tion shall prohibit a franchising authority and a cable operator from 
agreeing that franchise fees which lawfully could be collected for 
any such 12-month period shall be paid on a prepaid or deferred 
basis; except that the sum of the fees paid during the term of the 
franchise may not exceed the amount, including the time value of 
money, which would have lawfully been collected if such fees had 
been paid per annum. 
"(c) A cable operator may pass through to subscribers the amount 
of any increase in a franchise fee, unless the franchising authority 
demonstrates that the rate structure specified in the franchise 
reflects all costs of franchise fees and so notifies the cable operator 
in writing. 
"(d) In any court action under subsection (c), the franchising 
authority shall demonstrate that the rate structure reflects all costs 
of the franchise fees. 
"(e) Any cable operator shall pass through to subscribers the 
amount of any decrease in a franchise fee. 
"(f) A cable operator may designate that portion of a subscriber's 
bill attributable to the franchise fee as a separate item on the bill. 
"(g) For the purposes of this section— 
"(1) the term 'franchise fee' includes any tax, fee, or assess-
ment of any kind imposed by a franchising authority or other 
governmental entity on a cable operator or cable subscriber, or 
both, solely because of their status as such; 
"(2) the term 'franchise fee' does not include— 
"(A) any tax, fee, or assessment of general applicability 
(including any such tax, fee, or assessment imposed on both 
utilities and cable operators or their services but not includ-
ing a tax, fee, or assessment which is unduly discriminatory 
against cable operators or cable subscribers); 
"(B) in the case of any franchise in effect on the date of 
the enactment of this title, payments which are required by 
the franchise to be made by the cable operator during the 
98 STAT. 2788 
PUBLIC LAW 98-549—OCT. 30, 1984 
term of such franchise for, or in support of the use of, 
public, educational, or governmental access facilities; 
"(C) in the case of any franchise granted after such date 
of enactment, capital costs which are required by the fran-
chise to be incurred by the cable operator for public, educa-
tional, or governmental access facilities; 
"(D) requirements or charges incidental to the awarding 
or enforcing of the franchise, including payments for bonds, 
security funds, letters of credit, insurance, indemnification, 
penalties, or liquidated damages; or 
"(E) any fee imposed under title 17, United States Code. 
"(h)(1) Nothing in this Act shall be construed to limit any author-
ity of a franchising authority to impose a tax, fee, or other assess-
ment of any kind on any person (other than a cable operator) with 
respect to cable service or other communications service provided by 
such person over a cable system for which charges are assessed to 
subscribers but not received by the cable operator. 
"(2) For any 12-month period, the fees paid by such person with 
respect to any such cable service or other communications service 
shall not exceed 5 percent of such person's gross revenues derived in 
such period from the provision of such service over the cable system. 
"(i) Any Federal agency may not regulate the amount of the 
franchise fees paid by a cable operator, or regulate the use of funds 
derived from such fees, except as provided in this section. 
"REGULATION OF RATES 
47 use 543. 
"SEC. 623. (a) Any Federal agency or State may not regulate the 
rates for the provision of cable service except to the extent provided 
under this section. Any franchising authority may regulate the 
rates for the provision of cable service, or any other communications 
service provided over a cable system to cable subscribers, but only to 
the extent provided under this section. 
"(b)(1) Within 180 days after the date of the enactment of this 
title, the Commission shall prescribe and make effective regulations 
which authorize a franchising authority to regulate rates for the 
provision of basic cable service in circumstances in which a cable 
system is not subject to effective competition. Such regulations may 
apply to any franchise granted after the effective date of such 
regulations. Such regulations shall not apply to any rate while such 
rate is subject to the provisions of subsection (c). 
"(2) For purposes of rate regulation under this subsection, such 
regulations shall— 
"(A) define the circumstances in which a cable system is not 
subject to effective competition; and 
"(B) establish standards for such rate regulation. 
"(3) The Commission shall periodically review such regulations, 
taking into account developments in technology, and may amend 
such regulations, consistent with paragraphs (1) and (2), to the 
extent the Commission determines necessary. 
"(c) In the case of any cable system for which a franchise has been 
granted on or before the effective date of this title, until the end of 
the 2-year period beginning on such effective date, the franchising 
authority may, to the extent provided in a franchise— 
"(1) regulate the rates for the provision of basic cable service, 
including multiple tiers of basic cable service; 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2789 
"(2) require the provision of any service tier provided without 
charge (disregarding any installation or rental charge for equip-
ment necessary for receipt of such tier); or 
"(3) regulate rates for the initial installation or the rental of 1 
set of the minimum equipment which is necessary for the 
subscriber's receipt of basic cable service. 
"(d) Any request for an increase in any rate regulated pursuant to 
subsection (b) or (c) for which final action is not taken within 180 
days after receipt of such request by the franchising authority shall 
be deemed to be granted, unless the 180-day period is extended by 
mutual agreement of the cable operator and the franchising 
authority. 
"(e)(1) In addition to any other rate increase which is subject to 
the approval of a franchising authority, any rate subject to regula-
tion pursuant to this section may be increased after the effective 
date of this title at the discretion of the cable operator by an amount 
not to exceed 5 percent per year if the franchise (as in effect on the 
effective date of this title) does not specify a fixed rate or rates for 
basic cable service for a specified period or periods which would be 
exceeded if such increase took effect. 
"(2) Nothing in this section shall be construed to limit provisions 
of a franchise which permits a cable operator to increase any rate at 
the operator's discretion; however, the aggregate increases per year 
allowed under paragraph (1) shall be reduced by the amount of any 
increase taken such year under such franchise provisions. 
"(f) Nothing in this title shall be construed as prohibiting any 
Federal agency, State, or a franchising authority, from— 
"(1) prohibiting discrimination among customers of basic 
cable service, or 
"(2) requiring and regulating the installation or rental of 
equipment which facilitates the reception of basic cable service 
by hearing impaired individuals. 
"(g) Any State law in existence on the effective date of this title 
which provides for any limitation or preemption of regulation by 
any franchising authority (or the State or any political subdivision 
or agency thereof) of rates for cable service shall remain in effect 
during the 2-year period beginning on such effective date, to the 
extent such law provides for such limitation or preemption. As used 
in this section, the term 'State' has the meaning given it in section 
3(v). 
47 u s e 153. 
(h) Not later than 6 years after the date of the enactment of this Report 
title, the Commission shall prepare and submit to the Congress a 
report regarding rate regulation of cable services, including such 
legislative recommendations as the Commission considers appropri-
ate. Such report and recommendations shall be based on a study of 
such regulation which the Commission shall conduct regarding the 
effect of competition in the marketplace. 
"REGULATION OF SERVICES, FACILITIES, AND EQUIPMENT 
"SEC. 624. (a) Any franchising authority may not regulate the 47 use 544. 
services, facilities, and equipment provided by a cable operator 
except to the extent consistent with this title. 
"(b) In the case of any franchise granted after the effective date of 
this title, the franchising authority, to the extent related to the 
establishment or operation of a cable system— 
31-194 0 - 86 - 14 : QL.3 Part3 
98 STAT. 2790 
PUBLIC LAW 98-549—OCT. 30, 1984 
"(1) in its request for proposals for a franchise (including 
requests for renewal proposals, subject to section 626), may 
establish requirements for facilities and equipment, but may 
not establish requirements for video programming or other 
information services; and 
"(2) subject to section 625, may enforce any requirements 
contained within the franchise— 
"(A) for facilities and equipment; and 
"(B) for broad categories of video programming or other 
services. 
"(c) In the case of any franchise in effect on the effective date of 
this title, the franchising authority may, subject to section 625, 
enforce requirements contained within the franchise for the provi-
sion of services, facilities, and equipment, whether or not related to 
the establishment or operation of a cable system. 
"(d)(1) Nothing in this title shall be construed as prohibiting a 
franchising authority and a cable operator from specifying, in a 
franchise or renewal thereof, that certain cable services shall not be 
provided or shall be provided subject to conditions, if such cable 
services are obscene or are otherwise unprotected by the Constitu-
tion of the United States. 
"(2)(A) In order to restrict the viewing of programming which is 
obscene or indecent, upon the request of a subscriber, a cable 
operator shall provide (by sale or lease) a device by which the 
subscriber can prohibit viewing of a particular cable service during 
periods selected by that subscriber. 
Effective date. 
"(B) Subparagraph (A) shall take effect 180 days after the effective 
date of this title. 
"(e) The Commission may establish technical standards relating to 
the facilities and equipment of cable systems which a franchising 
authority may require in the franchise. 
"(f)(1) Any Federal agency. State, or franchising authority may 
not impose requirements regarding the provision or content of cable 
services, except as expressly provided in this title. 
"(2) Paragraph (1) shall not apply to— 
"(A) any rule, regulation, or order issued under any Federal 
law, as such rule, regulation, or order (i) was in effect on 
September 21, 1983, or (ii) may be amended after such date if 
the rule, regulation, or order as amended is not inconsistent 
with the express provisions of this title; and 
"(B) any rule, regulation, or order under title 17, United 
States Code. 
"MODIFICATION OF FRANCHISE OBLIGATIONS 
47 use 545. 
"SEC. 625. (a)(1) During the period a franchise is in effect, the cable 
operator may obtain from the franchising authority modifications of 
the requirements in such franchise— 
"(A) in the case of any such requirement for facilities or 
equipment, including public, educational, or governmental 
access facilities or equipment, if the cable operator demon-
strates that (i) it is commercially impracticable for the operator 
to comply with such requirement, and (ii) the proposal by the 
cable operator for modification of such requirement is appropri-
ate because of commercial impracticability; or 
"(B) in the case of any such requirement for services, if the 
cable operator demonstrates that the mix, quality, and level of 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2791 
services required by the franchise at the time it was granted 
will be maintained after such modification. 
"(2) Any final decision by a franchising authority under this 
subsection shall be made in a public proceeding. Such decision shall 
be made within 120 days after receipt of such request by the 
franchising authority, unless such 120 day period is extended by 
mutual agreement of the cable operator and the franchising 
authority. 
"OaKD Any cable operator whose request for modification under 
Courts,us. 
subsection (a) has been denied by a final decision of a franchising 
authority may obtain modification of such franchise requirements 
pursuant to the provisions of section 635. 
"(2) In the case of any proposed modification of a requirement for 
facilities or equipment, the court shall grant such modification only 
if the cable operator demonstrates to the court that— 
"(A) it is commercially impracticable for the operator to 
comply with such requirement; and 
"(B) the terms of the modification requested are appropriate 
because of commercial impracticability. 
"(3) In the case of any proposed modification of a requirement for 
services, the court shall grant such modification only if the cable 
operator demonstrates to the court that the mix, quality, and level 
of services required by the franchise at the time it was granted will 
be maintained after such modification. 
"(c) Notwithstanding subsections (a) and (b), a cable operator may, 
upon 30 days' advance notice to the franchising authority, rear-
range, replace, or remove a particular cable service required by the 
franchise i
f
— 
"(1) such service is no longer available to the operator; or 
"(2) such service is available to the operator only upon the 
payment of a royalty required under section 801(b)(2) of title 17, 
United States Code, which the cable operator can document— 
"(A) is substantially in excess of the amount of such 
payment required on the date of the operator's offer to 
provide such service, and 
"(B) has not been specifically compensated for through a 
rate increase or other adjustment. 
"(d) Notwithstanding subsections (a) and Ob), a cable operator may 
take such actions to rearrange a particular service from one service 
tier to another, or otherwise offer the service, if the rates for all of 
the service tiers involved in such actions are not subject to regula-
tion under section 623. 
"(e) A cable operator may not obtain modification under this 
section of any requirement for services relating to public, educa-
tional, or governmental access. 
"(f) For purposes of this section, the term 'commercially impracti-
cable' means, with respect to any requirement applicable to a cable 
operator, that it is commercially impracticable for the operator to 
comply with such requirement as a result of a change in conditions 
which is beyond the control of the operator and the nonoccurrence 
of which was a basic assumption on which the requirement was 
based. 
"RENEWAL 
"SEC. 626. (a) During the 6-month period which begins with the 47 U
S
C 546. 
36th month before the franchise expiration, the franchising author-
ity may on its own initiative, and shall at the request of the cable 
98 STAT. 2792 
PUBLIC LAW 98-549—OCT. 30, 1984 
operator, commence proceedings which afford the public in the 
franchise area appropriate notice and participation for the purpose 
of— 
"(1) identifying the future cable-related community needs 
and interests; and 
"(2) reviewing the performance of the cable operator under 
the franchise during the then current franchise term. 
"(b)(1) Upon completion of a proceeding under subsection (a), a 
cable operator seeking renewal of a franchise may, on its own 
initiative or at the request of a franchising authority, submit a 
proposal for renewal. 
"(2) Subject to section 624, any such proposal shall contain such 
material as the franchising authority may require, including propos-
als for an upgrade of the cable system. 
"(3) The franchising authority may establish a date by which such 
proposal shall be submitted. 
"(c)(1) Upon submittal by a cable operator of a proposal to the 
franchising authority for the renewal of a franchise, the franchising 
authority shall provide prompt public notice of such proposal and, 
during the 4-month period which begins on the completion of any 
proceedings under subsection (a), renew the franchise or, issue a 
preliminary assessment that the franchise should not be renewed 
and, at the request of the operator or on its own initiative, com-
mence an administrative proceeding, after providing prompt public 
notice of such proceeding, in accordance with paragraph (2) to 
consider whether— 
"(A) the cable operator has substantially complied with the 
material terms of the existing franchise and with applicable 
law; 
"(B) the quality of the operator's service, including signal 
quality, response to consumer complaints, and billing practices, 
but without regard to the mix, quality, or level of cable services 
or other services provided over the system, has been reasonable 
in light of community needs; 
"(C) the operator has the financial, legal, and technical ability 
to provide the services, facilities, and equipment as set forth in 
the operator's proposal; and 
"(D) the operator's proposal is reasonable to meet the future 
cable-related community needs and interests, taking into ac-
count the cost of meeting such needs and interests. 
"(2) In any proceeding under paragraph (1), the cable operator 
shall be afforded adequate notice and the cable operator and the 
franchise authority, or its designee, shall be afforded fair opportu-
nity for full participation, including the right to introduce evidence 
(including evidence related to issues raised in the proceeding under 
subsection (a)), to require the production of evidence, and to question 
witnesses. A transcript shall be made of any such proceeding. 
"(3) At the completion of a proceeding under this subsection, the 
franchising authority shall issue a written decision granting or 
denying the proposal for renewal based upon the record of such 
proceeding, and transmit a copy of such decision to the cable 
operator. Such decision shall state the reasons therefor. 
"(d) Any denial of a proposal for renewal shall be based on one or 
more adverse findings made with respect to the factors described in 
subparagraphs (A) through (D) of subsection (c)(1), pursuant to the 
record of the proceeding under subsection (c). A franchising author-
ity may not base a denial of renewal on a failure to substantially 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2793 
comply with the material terms of the franchise under subsection 
(c)(1)(A) or on events considered under subsection (c)(1)(B) in any 
case in which a violation of the franchise or the events considered 
under subsection (c)(1)(B) occur after the effective date of this title 
unless the franchising authority has provided the operator with 
notice and the opportunity to cure, or in any case in which it is 
documented that the franchising authority has waived its right to 
object, or has effectively acquiesced. 
"(e)(1) Any cable operator whose proposal for renewal has been Courts, U.S. 
denied by a final decision of a franchising authority made pursuant 
to this section, or has been adversely affected by a failure of the 
franchising authority to act in accordance with the procedural 
requirements of this section, may appeal such final decision or 
failure pursuant to the provisions of section 635. 
"(2) The court shall grant appropriate relief if the court finds 
that— 
"(A) any action of the franchising authority is not in compli-
ance with the procedural requirements of this section; or 
"(B) in the event of a final decision of the franchising author-
ity denying the renewal proposal, the operator has demon-
strated that the adverse finding of the franchising authority 
with respect to each of the factors described in subparagraphs 
(A) through (D) of subsection (c)(1) on which the denial is based 
is not supported by a preponderance of the evidence, based on 
the record of the proceeding conducted under subsection (c). 
"(f) Any decision of a franchising authority on a proposal for 
renewal shall not be considered final unless all administrative 
review by the State has occurred or the opportunity therefor has 
lapsed. 
"(g) For purposes of this section, the term 'franchise expiration' 
means the date of the expiration of the term of the franchise, as 
provided under the franchise, as it was in effect on the date of the 
enactment of this title. 
"(h) Notwithstanding the provisions of subsections (a) through (g) 
of this section, a cable operator may submit a proposal for the 
renewal of a franchise pursuant to this subsection at any time, and a 
franchising authority may, after affording the public adequate 
notice and opportunity for comment, grant or deny such proposal at 
any time (including after proceedings pursuant to this section have 
commenced). The provisions of subsections (a) through (g) of this 
section shall not apply to a decision to grant or deny a proposal 
under this subsection. The denial of a renewal pursuant to this 
subsection shall not affect action on a renewal proposal that is 
submitted in accordance with subsections (a) through (g). 
"CONDITIONS OF SALE 
"SEC. 627. (a) If a renewal of a franchise held by a cable operator is 47 use 547. 
denied and the franchising authority acquires ownership of the 
cable system or effects a transfer of ownership of the system to 
another person, any such acquisition or transfer shall be— 
"(1) at fair market value, determined on the basis of the cable 
system valued as a going concern but with no value allocated to 
the franchise itself, or 
"(2) in the case of any franchise existing on the effective date 
of this title, at a price determined in accordance with the 
98 STAT. 2794 
PUBLIC LAW 98-549—OCT. 30, 1984 
franchise if such franchise contains provisions applicable to 
such an acquisition or transfer, 
"(b) If a franchise held by a cable operator is revoked for cause 
and the franchising authority acquires ownership of the cable 
system or effects a transfer of ownership of the system to another 
person, any such acquisition or transfer shall be— 
"(1) at an equitable price, or 
"(2) in the case of any franchise existing on the effective date 
of this title, at a price determined in accordance with the 
franchise if such franchise contains provisions applicable to 
such an acquisition or transfer. 
"PART IV—MISCELLANEOUS PROVISIONS 
"PROTECTION OF SUBSCRIBER PRIVACY 
47 use 551. 
"SEC. 631. (a)(1) At the time of entering into an agreement to 
provide any cable service or other service to a subscriber and at 
least once a year thereafter, a cable operator shall provide notice in 
the form of a separate, written statement to such subscriber which 
clearly and conspicuously informs the subscriber of— 
"(A) the nature of personally identifiable information collect-
ed or to be collected with respect to the subscriber and the 
nature of the use of such information; 
"(B) the nature, frequency, and purpose of any disclosure 
which may be made of such information, including an identifi-
cation of the types of persons to whom the disclosure may be 
made; 
"(C) the period during which such information will be main-
tained by the cable operator; 
"(D) the times and place at which the subscriber may have 
access to such information in accordance with subsection (d); 
and 
"(E) the limitations provided by this section with respect to 
the collection and disclosure of information by a cable operator 
and the right of the subscriber under subsections (f) and (h) to 
enforce such limitations. 
In the case of subscribers who have entered into such an agreement 
before the effective date of this section, such notice shall be provided 
within 180 days of such date and at least once a year thereafter. 
"(2) For purposes of this section, the term 'personally identifiable 
information' does not include any record of aggregate data which 
does not identify particular persons. 
"Ot))(l) Except as provided in paragraph (2), a cable operator shall 
not use the cable system to collect personally identifiable informa-
tion concerning any subscriber without the prior written or elec-
tronic consent of the subscriber concerned. 
"(2) A cable operator may use the cable system to collect such 
information in order to— 
"(A) obtain information necessary to render a cable service or 
other service provided by the cable operator to the subscriber; 
or 
"(B) detect unauthorized reception of cable communications. 
"(c)(1) Except as provided in paragraph (2), a cable operator shall 
not disclose personally identifiable information concerning any sub-
scriber without the prior written or electronic consent of the sub-
scriber concerned. 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2795 
"(2) A cable operator may disclose such information if the disclo-
sure is— 
"(A) necessary to render, or conduct a legitimate business 
activity related to, a cable service or other service provided by 
the cable operator to the subscriber; 
"(B) subject to subsection (h), made pursuant to a court order 
authorizing such disclosure, if the subscriber is notified of such 
order by the person to whom the order is directed; or 
"(C) a disclosure of the names and addresses of subscribers to 
any cable service or other service, if— 
"(i) the cable operator has provided the subscriber the 
opportunity to prohibit or limit such disclosure, and 
"(ii) the disclosure does not reveal, directly or indirectly, 
the— 
"(I) extent of any viewing or other use by the sub-
scriber of a cable service or other service provided by 
the cable operator, or 
"(II) the nature of any transaction made by the 
subscriber over the cable system of the cable operator. 
"(d) A cable subscriber shall be provided access to all personally 
identifiable information regarding that subscriber which is collected 
and maintained by a cable operator. Such information shall be made 
available to the subscriber at reasonable times and at a convenient 
place designated by such cable operator. A cable subscriber shall be 
provided reasonable opportunity to correct any error in such 
information. 
"(e) A cable operator shall destroy personally identifiable informa-
tion if the information is no longer necessary for the purpose for 
which it was collected and there are no pending requests or orders 
for access to such information under subsection (d) or pursuant to a 
court order. 
"(f)(1) Any person aggrieved by any act of a cable operator in 
Courts, U.S. 
violation of this section may bring a civil action in a United States 
district court. 
"(2) The court may award— 
"(A) actual damages but not less than liquidated damages 
computed at the rate of $100 a day for each day of violation or 
$1,000, whichever is higher; 
"(B) punitive damages; and 
"(C) reasonable attorneys' fees and other litigation costs rea-
sonably incurred. 
"(3) The remedy provided by this section shall be in addition to 
any other lawful remedy available to a cable subscriber. 
"(g) Nothing in this title shall be construed to prohibit any State 
or any franchising authority from enacting or enforcing laws con-
sistent with this section for the protection of subscriber privacy. 
"(h) A governmental entity may obtain personally identifiable 
information concerning a cable subscriber pursuant to a court order 
only if, in the court proceeding relevant to such court order— 
"(1) such entity offers clear and convincing evidence that the 
subject of the information is reasonably suspected of engaging 
in criminal activity and that the information sought would be 
material evidence in the case; and 
"(2) the subject of the information is afforded the opportunity 
to appear and contest such entity's claim. 
98 STAT. 2796 
PUBLIC LAW 98-549—OCT. 30, 1984 
CONSUMER PROTECTION 
47 use 552. 
"SEC. 632. (a) A franchising authority may require, as part of a 
franchise (including a franchise renewal, subject to section 626), 
provisions for enforcement of— 
"(1) customer service requirements of the cable operator; and 
"(2) construction schedules and other construction-related re-
quirements of the cable operator. 
"(b) A franchising authority may enforce any provision, contained 
in any franchise, relating to requirements described in paragraph (1) 
or (2) of subsection (a), to the extent not inconsistent with this title. 
"(c) Nothing in this title shall be construed to prohibit any State 
or any franchising authority from enacting or enforcing any con-
sumer protection law, to the extent not inconsistent with this title. 
UNAUTHORIZED RECEPTION OF CABLE SERVICE 
47 use 553. 
"SEC. 633. (a)(1) No person shall intercept or receive or assist in 
intercepting or receiving any communications service offered over a 
cable system, unless specifically authorized to do so by a cable 
operator or as may otherwise be specifically authorized by law. 
"(2) For the purpose of this section, the term 'assist in intercepting 
or receiving' shall include the manufacture or distribution of equip-
ment intended by the manufacturer or distributor (as the case may 
be) for unauthorized reception of any communications service of-
fered over a cable system in violation of subparagraph (1). 
erimes and 
"(b)(1) Any person who willfully violates subsection (a)(1) shall be 
misdemeanors. 
fined 
not more than $1,000 or imprisoned for not more than 6 
months, or both. 
"(2) Any person who violates subsection (a)(1) willfully and for 
purposes of commercial advantage or private financial gain shall be 
fined not more than $25,000 or imprisoned for not more than 1 year, 
or both, for the first such offense and shall be fined not more than 
$50,000 or imprisoned for not more than 2 years, or both, for any 
subsequent offense. 
Courts, U.S. 
"(c)(1) Any person aggrieved by any violation of subsection (a)(1) 
may bring a civil action in a United States district court or in any 
other court of competent jurisdiction. 
"(2) The court may— 
"(A) grant temporary and final injunctions on such terms as it 
may deem reasonable to prevent or restrain violations of subsec-
tion (a)(1); 
"(B) award damages as described in paragraph (3); and 
"(C) direct the recovery of full costs, including awarding 
reasonable attorneys' fees to an aggrieved party who prevails. 
"(3)(A) Damages awarded by any court under this section shall be 
computed in accordance with either of the following clauses: 
"(i) the party aggrieved may recover the actual damages 
suffered by him as a result of the violation and any profits of 
the violator that are attributable to the violation which are not 
taken into account in computing the actual damages; in deter-
mining the violator's profits, the party aggrieved shall be re-
quired to prove only the violator's gross revenue, and the 
violator shall be required to prove his deductible expenses and 
the elements of profit attributable to factors other than the 
violation; or 
PUBLIC LAW 98-549—OCT. 30, 1984 
STAT. 2797 
"(ii) the party aggrieved may recover an award of statutory 
damages for all violations involved in the action, in a sum of not 
less than $250 or more than $10,000 as the court considers just. 
"(B) In any case in which the court finds that the violation was 
committed willfully and for purposes of commercial advantage or 
private financial gain, the court in its discretion may increase the 
award of damages, whether actual or statutory under subparagraph 
(A), by an amount of not more than $50,000. 
"(C) In any case where the court finds that the violator was not 
aware and had no reason to believe that his acts constituted a 
violation of this section, the court in its discretion may reduce the 
award of damages to a sum of not less than $100. 
"(D) Nothing in this title shall prevent any State or franchising 
authority from enacting or enforcing laws, consistent with this 
section, regarding the unauthorized interception or reception of any 
cable service or other communications service. 
EQUAL EMPLOYMENT OPPORTUNITY 
"SEC. 634. (a) This section shall apply to any corporation, partner- 47 use 554 
ship, association, joint-stock company, or trust engaged primarily in 
the management or operation of any cable system. 
"(b) Equal opportunity in employment shall be afforded by each 
entity specified in subsection (a), and no person shall be discrimi-
nated against in employment by such entity because of race, color, 
religion, national origin, age, or sex. 
"(c) Any entity specified in subsection (a) shall establish, main-
tain, and execute a positive continuing program of specific practices 
designed to ensure equal opportunity in every aspect of its employ-
ment policies and practices. Under the terms of its program, each 
such entity shall— 
"(1) define the responsibility of each level of management to 
ensure a positive application and vigorous enforcement of its 
policy of equal opportunity, and establish a procedure to review 
and control managerial and supervisory performance; 
"(2) inform its employees and recognized employee organiza-
tions of the equal employment opportunity policy and program 
and enlist their cooperation; 
"(3) communicate its equal employment opportunity policy 
and program and its employment needs to sources of qualified 
applicants without regard to race, color, religion, national 
origin, age, or sex, and solicit their recruitment assistance on a 
continuing basis; 
"(4) conduct a continuing program to exclude every form of 
prejudice or discrimination based on race, color, religion, 
national origin, age, or sex, from its personnel policies and 
practices and working conditions; and 
"(5) conduct a continuing review of job structure and employ-
ment practices and adopt positive recruitment, training, job 
design, and other measures needed to ensure genuine equality 
of opportunity to participate fully in all its organizational units, 
occupations, and levels of responsibility. 
"(d)(1) Not later than 270 days after the effective date of this 
section, and after notice and opportunity for hearing, the Commis-
sion shall prescribe rules to carry out this section. 
"(2) Such rules shall specify the terms under which an entity 
specified in subsection (a) shall, to the extent possible— 
Regulations. 
Minorities. 
Women. 
98 STAT. 2798 
PUBLIC LAW 98-549—OCT. 30, 1984 
Report. 
Public 
availability. 
Investigations. 
"(A) disseminate its equal opportunity program to job appli-
cants, employees, and those with whom it regularly does 
business; 
"(B) use minority orjganizations, organizations for women, 
media, educational institutions, and other potential sources of 
minority and female applicants, to supply referrals whenever 
jobs are available in its operation; 
"(C) evaluate its employment profile and job turnover against 
the availability of minorities and women in its franchise area; 
"(D) undertake to offer promotions of minorities and women 
to positions of greater responsibility; 
"(E) encourage minority and female entrepreneurs to conduct 
business with all parts of its operation; and 
"(F) analyze the results of its efforts to recruit, hire, promote, 
and use the services of minorities and women and explain any 
difficulties encountered in implementing its equal employment 
opportunity program. 
"(3) Such rules also shall require an entity specified in subsection 
(a) with more than 5 full-time employees to file with the Commission 
an annual statistical report identifying by race and sex the number 
of employees in each of the following full-time and part-time job 
categories: 
"(A) officials and managers; 
"(B) professionals; 
"(C) technicians; 
"(D) sales persons; 
"(E) office and clerical personnel; 
"(F) skilled craft persons; 
"(G) semiskilled operatives; 
"(H) unskilled laborers; and 
"(I) service workers. 
The report shall include the number of minorities and women in the 
relevant labor market for each of the above categories. The statisti-
cal report shall be available to the public at the central office and at 
every location where more than 5 full-time employees are regularly 
assigned to work. 
"(4) The Commission may amend such rules from time to time to 
the extent necessary to carry out the provisions of this section. Any 
such amendment shall be made after notice and opportunity for 
comment. 
"(e)(1) On an annual basis, the Commission shall certify each 
entity described in subsection (a) as in compliance with this section 
if, on the basis of information in the possession of the Commission, 
including the report filed pursuant to subsection (d)(3), such entity 
was in compliance, during the annual period involved, with the 
requirements of subsections (b), (c), and (d). 
"(2) The Commission shall, periodically but not less frequently 
than every five years, investigate the employment practices of each 
entity described in subsection (a), in the aggregate, as well as in 
individual job categories, and determine whether such entity is in 
compliance with the requirements of subsections (b), (c), and (d), 
including whether such entity's employment practices deny or 
abridge women and minorities equal employment opportunities. As 
part of such investigation, the Commission shall review whether the 
entity's reports filed pursuant to subsection (d)(3) accurately reflect 
employee responsibilities in the reported job classifications. 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2799 
"(fXD If the Commission finds after notice and hearing that the 
entity involved has willfully or repeatedly without good cause failed 
to comply with the requirements of this section, such failure shall 
constitute a substantial failure to comply with this title. The failure 
to obtain certification under subsection (e) shall not itself constitute 
the basis for a determination of substantial failure to comply with 
this title. For purposes of this paragraph, the term 'repeatedly', 
when used with respect to failures to comply, refers to 3 or more 
failures during any,7-year period. 
"(2) Any person who is determined by the Commission, through an 
investigation pursuant to subsection (e) or otherwise, to have failed 
to meet or failed to make best efforts to meet the requirements of 
this section, or rules under this section, shall be liable to the United 
States for a forfeiture penalty of $200 for each violation. Each day of 
a continuing violation shall constitute a separate offense. Any entity 
defined in subsection (a) shall not be liable for more than 180 days of 
forfeitures which accrued prior to notification by the Commission of 
a potential violation. Nothing in this paragraph shall limit the 
forfeiture imposed on any person as a result of any violation that 
continues subsequent to such notification. In addition, any person 
liable for such penalty may also have any license under this Act for 
cable auxiliary relay service suspended until the Commission deter-
mines that the failure involved has been corrected. Whoever know-
ingly makes any false statement or submits documentation which he 
knows to be false, pursuant to an application for certification under 
this section shall be in violation of this section. 
"(3) The provisions of paragraphs (3) and (4), and the last 2 
sentences of paragraph (2), of section 503(b) shall apply to forfeitures 
under this subsection. 
"(4) The Commission shall provide for notice to the public and 
appropriate franchising authorities of any penalty imposed under 
this section. 
"(g) Employees or applicants for employment who believe they 
have been discriminated against in violation of the requirements of 
this section, or rules under this section, or any other interested 
person, may file a complaint with the Commission. A complaint by 
any such person shall be in writing, and shall be signed and sworn 
to by that person. The regulations under subsection (d)(1) shall 
specify a program, under authorities otherwise available to the 
Commission, for the investigation of complaints and violations, and 
for the enforcement of this section. 
"(h)(1) For purposes of this section, the term 'cable operator' 
includes any operator of any satellite master antenna television 
system, including a system described in section 602(6)(A). 
"(2) Such term does not include any operator of a system which, in 
the aggregate, serves fewer than 50 subscribers. 
"(3) In any case in which a cable operator is the owner of a 
multiple unit dwelling, the requirements of this section shall only 
apply to such cable operator with respect to its employees who are 
primarily engaged in cable telecommunications. 
"(i)(l) Nothing in this section shall affect the authority of any 
State or any franchising authority— 
"(A) to establish or enforce any requirement which is consist-
ent with the requirements of this section, including any require-
ment which affords equal employment opportunity protection 
for employees; 
98 STAT. 2800 
PUBLIC LAW 98-549—OCT. 30, 1984 
"(B) to establish or enforce any provision requiring or encour-
aging any cable operator to conduct business with enterprises 
which are owned or controlled by members of minority groups 
(as defined in section 309(i)(3)(C)(ii)) or which have their princi-
pal operations located within the community served by the 
cable operator; or 
"(C) to enforce any requirement of a franchise in effect on the 
effective date of this title. 
"(2) The remedies and enforcement provisions of this section are 
in addition to, and not in lieu of, those available under this or any 
other law. 
"(3) The provisions of this section shall apply to any cable opera-
tor, whether operating pursuant to a franchise granted before, on, or 
after the date of the enactment of this section. 
"JUDICIAL PROCEEDINGS 
Courts, U.S. 
"SEC. 635. (a) Any cable operator adversely affected by any final 
47 use 555. 
determination made by a franchising authority under section 625 or 
626 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 jurisdic-
tion over the parties. 
"(b) The court may award any appropriate relief consistent with 
the provisions of the relevant section described in subsection (a). 
"COORDINATION OF FEDERAL, STATE, AND LOCAL AUTHORITY 
47 use 556. 
"SEC. 636. (a) Nothing in this title 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 title. 
"(b) Nothing in this title shall be construed to restrict a State from 
exercising jurisdiction with regard to cable services consistent with 
this title. 
"(c) Except as provided in section 637, any provision of law of any 
State, political subdivision, or agency thereof, or franchising author-
ity, or any provision of any franchise granted by such authority, 
which is inconsistent with this Act shall be deemed to be preempted 
and superseded. 
"(d) For purposes of this section, the term 'State' has the meaning 
47 use 153. 
given such term in section 3(v). 
"EXISTING FRANCHISES 
47 use 557. 
"SEC. 637. (a) The provisions of— 
"(1) any franchise in effect on the effective date of this title, 
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 3(v)) in effect 
^-^ 
on the date of the enactment of this section, or any regulation 
promulgated pursuant to such law, which relates to such desig-
nation, use or support of'such channel capacity. 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2801 
shall remain in effect, subject to the express provisions of this title, 
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 
title, a franchise shall be considered in effect on the effective date of 
this title if such franchise was granted on or before such effective 
date. 
"CRIMINAL AND CIVIL LIABIUTY 
"SEC. 638. Nothing in this title shall be deemed to affect the 47 use 558. 
criminal or civil liability of cable programmers or cable operators 
pursuant to the Federal, State, or local law of libel, slander, obscen-
ity, 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 612 or under similar arrangements. 
"OBSCENE PROGRAMMING 
"SEC. 639. Whoever transmits over any cable system any matter 47 use 559. 
which is obscene or otherwise unprotected by the Constitution of the 
United States shall be fined not more than $10,000 or imprisoned 
not more than 2 years, or both.". 
JURISDICTION 
SEC. 3. (a)(1) Section 2(a) of the Communications Act of 1934 is 47 use 152. 
amended by adding at the end thereof the following: "The provisions 
of this Act shall apply with respect to cable service, to all persons 
engaged within the United States in providing such service, and to 
the facilities of cable operators which relate to such service, as 
provided in title VL". 
(2) Section 2(b) of such Act is amended by inserting after 
"section 301" the following: "and title VI". 
Ante, p. 2780. 
(b) The provisions of this Act and amendments made by this Act 47 use 521 note. 
shall not be construed to affect any jurisdiction the Federal Commu-
nications Commission may have under the Communications Act of 
1934 with respect to any communication by wire or radio (other than 
47 USC 609. 
cable service, as defined in section 602(5) of such Act) which is 
provided through a cable system, or persons or facilities engaged in 
such communications. 
POLE ATTACHMENTS 
SEC. 4. Section 224(c) of the Communications Act of 1934 is 47 use 224. 
amended by adding at the end thereof the following new paragraph: 
"(3) For purposes of this subsection, a State shall not be considered 
to regulate the rates, terms, and conditions for pole attachments— 
"(A) unless the State has issued and made effective rules and 
regulations implementing the State's regulatory authority over 
pole attachments; and 
"(B) with respect to any individual matter, unless the State 
takes final action on a complaint regarding such matter— 
"(i) within 180 days after the complaint is filed with the 
State, or 
"(ii) within the applicable period prescribed for such final 
action in such rules and regulations of the State, if the 
98 STAT. 2802 
PUBLIC LAW 98-549—OCT. 30, 1984 
prescribed period does not extend beyond 360 days after the 
filing of such complaint.". 
UNAUTHORIZED RECEPTION OF CERTAIN COMMUNICATIONS 
47 use 605. 
SEC. 5. (a) Section 705 of the Communications Act of 1934 (as 
redesignated by section 6) is amended by inserting "(a)" after the 
section designation and by adding at the end thereof the following 
new subsections: 
"(b) The provisions of subsection (a) shall not apply to the inter-
ception or receipt by any individual, or the assisting (including the 
manufacture or sale) of such interception or receipt, of any satellite 
cable programming for private viewing if^ 
"(1) the programming involved is not encrypted; and 
"(2XA) a marketing system is not established under which— 
"(i) an agent or agents have been lawfully designated for 
the purpose of authorizing private viewing by individuals, 
and 
"(ii) such authorization is available to the individual 
involved from the appropriate agent or agents; or 
"(B) a marketing system described in subparagraph (A) is 
established and the individuals receiving such programming 
has obtained authorization for private viewing under that 
system. 
"(c) For purposes of this section— 
"(1) the term 'satellite cable programming' means video pro-
gramming which is transmitted via satellite and which is pri-
marily intended for the direct receipt by cable operators for 
their retransmission to cable subscribers; 
"(2) the term 'agent', with respect to any person, includes an 
employee of such person; 
"(3) the term 'encrypt', when used with respect to satellite 
cable programming, means to transmit such programming in a 
form whereby the aural and visual characteristics (or both) are 
modified or altered for the purpose of preventing the unauthor-
ized receipt of such programming by persons without authorized 
equipment which is designed to eliminate the effects of such 
modification or alteration; 
"(4) the term 'private viewing' means the viewing for private 
use in an individual's dwelling unit by means of equipment, 
owned or operated by such individual, capable of receiving 
satellite cable programming directly from a satellite; and 
"(5) the term 'private financial gain' shall not include the 
gain resulting to any individual for the private use in such 
individual's dwelling unit of any programming for which the 
individual has not obtained authorization for that use. 
Crimes and 
"(d)(1) Any person who willfully violates subsection (a) shall be 
misdemeanors. 
fined 
not more than $1,000 or imprisoned for not more than 6 
months, or both. 
"(2) Any person who violates subsection (a) willfully and for 
purposes of direct or indirect commercial advantage or private 
financial gain shall be fined not more than $25,000 or imprisoned for 
not more than 1 year, or both, for the first such conviction and shall 
be fined not more than $50,000 or imprisoned for not more than 2 
years, or both, for any subsequent conviction. 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2803 
"(3XA) Any person aggrieved by any violation of subsection (a) 
may bring a civil action in a United States district court or in any 
other court of competent jurisdiction. 
"(B) The court may— 
"(i) grant temporary and final injunctions on such terms as it 
may deem reasonable to prevent or restrain violations of subsec-
tion (a); 
"(ii) award damages as described in subparagraph (C); and 
"(iii) direct the recovery of full costs, including awarding 
reasonable attorneys' fees to an aggrieved party who prevails. 
"(C)(i) Damages awarded by any court under this section shall be 
computed, at the election of the aggrieved party, in accordance with 
either of the following subclauses; 
"(I) the party aggrieved may recover the actual damages 
suffered by him as a result of the violation and any profits of 
the violator that are attributable to the violation which are not 
taken into account in computing the actual damages; in deter-
mining the violator's profits, the party aggrieved shall be re-
quired to prove only the violator's gross revenue, and the 
violator shall be required to prove his deductible expenses and 
the elements of profit attributable to factors other than the 
violation; or 
"(II) the party aggrieved may recover an award of statutory 
damages for each violation involved in the action in a sum of 
not less than $250 or more than $10,000, as the court considers 
just, 
"(ii) In any case in which the court finds that the violation was 
committed willfully and for purposes of direct or indirect commer-
cial advantage or private financial gain, the court in its discretion 
may increase the award of damages, whether actual or statutory, by 
an amount of not more than $50,000. 
"(iii) In any case where the court finds that the violator was not 
aware and had no reason to believe that his acts constituted a 
violation of this section, the court in its discretion may reduce the 
award of damages to a sum of not less than $100. 
"(4) The importation, manufacture, sale, or distribution of equip-
ment by any person with the intent of its use to assist in any activity 
prohibited by subsection (a) shall be subject to penalties and reme-
dies under this subsection to the same extent and in the same 
manner as a person who has engaged in such prohibited activity. 
"(5) The penalties under this subsection shall be in addition to 
those prescribed under any other provision of this title. 
"(6) Nothing in this subsection shall prevent any State, or political 
subdivision thereof, from enacting or enforcing any laws with re-
spect to the importation, sale, manufacture, or distribution of equip-
ment by any person with the intent of its use to assist in the 
interception or receipt of radio communications prohibited by sub-
section (a). 
"(e) Nothing in this section shall affect any right, obligation, or 
liability under title 17, United States Code, any rule, regulation, or 
order thereunder, or any other applicable Federal, State, or local 
law.". 
(b) The amendments made by subsection (a) shall take effect on 
the effective date of this Act. 
Courts, U.S. 
Effective date. 
47 u s e 605 note. 
98 STAT. 2804 
PUBLIC LAW 98-549—OCT. 30, 1984 
TECHNICAL AND CONFORMING AMENDMENTS 
47 use 601-610. 
SEC 6. (a) Title VI of the Communications Act of 1934 (as in effect 
before the enactment of this Act) is redesignated as title VII, and 
sections 601 through 610 are redesignated as sections 701 through 
710, respectively. 
47 use 309. 
OJXD Section 309(h) of the Communications Act of 1934 is 
amended by striking out "section 606" and inserting in lieu thereof 
"section 706". 
(2) Section 2511 of title 18, United States Code, is amended— 
(A) in subsection (2)(e), by striking out "section 605 or 606" 
and inserting in lieu thereof "section 705 or 706"; and 
(B) in subsection (2)(f), by striking out "section 605" and 
inserting in lieu thereof "section 705". 
(3) Section 105(f)(2)(C) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1805(f)(2)(C)) is amended by striking out "section 
605" and inserting in lieu thereof "section 705". 
SUPPORT OF ACTIVITIES OF THE UNITED STATES TELECOMMUNICATIONS 
TRAINING INSTITUTE 
SEC. 7, Nothing in this Act, the Communications Act of 1934, or 
any other Act, shall be construed to preclude the Federal Communi-
cations Commission or the National Telecommunications and Infor-
mation Administration within the Department of Commerce from 
participation (including use of staff and other appropriate re-
sources) in support of any activities of the United States Telecom-
munications Training Institute, 
TELECOMMUNICATIONS POUCY STUDY COMMISSION 
SEC. 8. Title VII of the Communications Act of 1934 (as redesig-
nated by section 6 of this Act) is amended by adding at the end 
thereof the following new section: 
Establishment. 
47 u s e 611. 
Report. 
TELECOMMUNICATIONS POLICY STUDY COMMISSION 
"SEC. 711. (a) There is hereby established the Telecommunications 
Policy Study Commission (hereinafter in this section referred to as 
the 'Commission') which shall— 
"(1) compare various domestic telecommunications policies of 
the United States and other nations, including the impact of all 
such policies on the regulation of interstate and foreign com-
merce, and 
"(2) prepare and transmit a written report thereon to the 
Congress, the President, and the Federal Communications 
Commission. 
"Ot))(l) Such Commission shall be composed of the chairman and 
ranking minority members of the Committee on Commerce, Science, 
and Transportation and the Communications Subcommittee of the 
Senate and the Committee on Energy and Commerce and the Tele-
communications, Consumer Protection and Finance Subcommittee 
of the House of Representatives (or delegates of such chairmen or 
members appointed by them from among members of such 
committees). 
"(2) The chairmen of such committees (or their delegates) shall be 
co-chairmen of the Commission. 
PUBLIC LAW 98-549—OCT. 30, 1984 
98 STAT. 2805 
"(c)(1) The report under subsection (a)(2) shall be submitted not 
later than December 1,1987. Such report shall contain the results of 
all Commission studies and investigations under this section. 
"(2) The Commission shall cease to exist— 
"(A) on December 1, 1987, if the report is not submitted in 
accordance with paragraph (1) on the date specified therein; or 
"(B) on such date (but not later than May 1, 1988) as may be 
determined by the Commission, by order, if the report is submit-
ted in accordance with paragraph (1) on the date specified in 
such paragraph. 
"(d)(1) The members of the Commission who are not officers or 
employees of the United States, while attending conferences or 
meetings of the Commission or while otherwise serving at the 
request of the chairmen, shall be entitled to receive compensation at 
a rate not in excess of the maximum rate of pay for grade GS-18, as 
provided in the General Schedule under section 5332 of title 5 of the 
United States Code, including traveltime, and while away from their 
homes or regular places of business, they may be allowed travel 
expenses, including per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons in the Government service employed 
intermittently. 
"(2) The Commission may appoint and fix the pay of such staff as 
it deems necessary. 
"(e)(1) In conducting its activities, the Commission may enter into 
contracts to the extent it deems necessary to carry out its responsi-
bilities, including contracts with nongovernmental entities that are 
competent to perform research or investigations in areas within the 
Commission's responsibilities. 
"(2) The Commission is authorized to hold public hearings, forums, 
and other meetings to enable full public participation. 
"(f) The heads of the departments, agencies, and instrumentalities 
of the executive branch of the Federal Government shall cooperate 
with the Commission in carrying out this section and shall furnish 
to the Commission such information as the Commission deems 
necessary to carry out this section, in accordance with otherwise 
applicable law. 
"(g) There are authorized to be appropriated such sums as may be 
appropriated to carry out this section for a period of three fiscal 
years. 
"(h) Activities authorized by this section may be carried out only 
with funds and to the extent approved in appropriation Acts. 
"(i) Nothing in this section shall be construed to affect any 
proceedings by, or activities of, the Federal Communications Com-
mission, except that the Federal Communications Commission shall 
consider submissions by the Commission submitted pursuant to 
subsection (a)(2).". 
Contracts with 
U.S. 
Appropriation 
authorization. 
98 STAT. 2806 
PUBLIC LAW 98-549—OCT. 30, 1984 
EFFECTIVE DATE 
47 use 521 note. 
SEC. 9. (a) Except where otherwise expressly provided, the provi-
sions of this Act and the amendments made thereby shall take effect 
60 days after the date of enactment of this Act. 
47 use 543 note. 
(b) Nothing in section 623 or 624 of the Communications Act of 
1934, as added by this Act, shall be construed to allow a franchising 
authority, or a State or any political subdivision of a State, to 
require a cable operator to restore, retier, or reprice any cable 
service which was lawfully eliminated, retiered, or repriced as of 
September 26,1984. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—S. 66 (H.R. 4103): 
HOUSE REPORT No. 98-934 accompanying H.R. 4103 (eomm. on Energy and 
eommerce). 
SENATE REPORT No. 98-67 (eomm. on Oommerce, Science, and Transportation). 
eONGRESSIONAL REOORD: 
Vol. 129 (1983): June 13, 14, considered and passed Senate. 
Vol. 130 (1984): Oct 1, H.R. 4103 considered and passed House; S. 66, amended, 
passed in lieu. 
Oct. 11, Senate concurred in House amendments 
with 
amendments; House concurred in Senate amendments.