Cable Television Consumer Protection and Competition Act of 1992
PL 102-385 (S.12), enacted 10/05/1992

106 STAT. 1460 
PUBLIC LAW 102-385—OCT. 5,1992 
Public Law 102-385 
102d Congress 
An Act 
Oct 5 1992 
'^° amend the Communications Act of 1934 to provide increased consumer protection 
' 
and to promote increased competition in the cable television and related markets, 
[S. 12] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Cable Television the United States of America in Congress assembled. 
Consumer 
Protection and 
SECTION 1. SHORT TITLE. 
of 1992. 
This Act may be cited as the "Cable Television Consumer 
Business and 
Protection and Competition Act of 1992". 
industry. 
47 u s e 609 note. 
SEC. 2. FINDINGS; POUCY; DEFINITIONS. 
(a) FINDINGS.—The Congress finds and declares the following: 
(1) Pursuant to the Cable Communications Policy Act of 
1984, rates for cable television services have been deregulated 
in approximately 97 percent of £dl franchises since December 
29, 1986. Since rate deregulation, monthly rates for the lowest 
priced basic cable service have increased by 40 percent or 
more for 28 percent of cable television subscribers. Although 
the average number of basic channels has increased from about 
24 to 30, average monthly rates have increased by 29 percent 
during the same period. The average monthly cable rate has 
increased almost 3 times as much as the Consumer Price Index 
since rate deregulation. 
(2) For a variety of reasons, including local franchising 
requirements and the extraordinary expense of constructing 
more than one cable television system to serve a particular 
geographic area, most cable television subscribers have no 
opportunity to select between competing cable systems. Without 
the presence of another multichannel video programming dis-
tributor, a cable system faces no local competition. The result 
is \indue market power for the cable operator as compared 
to that of consiuners and video programmers. 
(3) There has been a substsintial increase in the penetration 
of cable television systems over the past decade. Nearly 
56,000,000 households, over 60 percent of the households with 
televisions, subscribe to cable television, and this percentage 
is almost certain to increase. As a result of this growth, the 
cable television industry has become a dominant nationwide 
video medium. 
(4) The cable industry has become highly concentrated. 
The potential effects of such concentration are barriers to entry 
for new programmers and a reduction in the number of media 
voices available to consumers. 
(5) The cable industry has become vertically integrated; 
cable operators and cable programmers often have common 
ownersnip. As a result, cable operators have the incentive and 
ability to favor their affiliated programmers. This coiild make 
it more difficult for noncable-affiliated programmers to secure 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1461 
carriage on cable systems. Vertically integrated program suppli-
ers also have the incentive and ability to favor their adQSliated 
cable operators over nonaffiliated cable operators and program-
ming distributors using other technologies. 
(6) There is a substantial governmental and First Amend-
ment interest in promoting a diversity of views provided 
through multiple technology media. 
(7) There is a substantial governmental and First Amend-
ment interest in ensuring that cable subscribers have access 
to local noncommercial educational stations which Congress 
has authorized, as expressed in section 396(aX5) of the Commu-
nications Act of 1934. The distribution of imique non-
commercial, educational programming services advances that 
interest. 
(8) The Federal Government has a substEintigJ interest 
in making all nonduplicative loccd public television services 
available on cable systems because— 
(A) public television provides educational and informa-
tional programming to the Nation's citizens, thereby 
advancing the Government's compelling interest in educat-
ing its citizens; 
(B) pubHc television is a local community institution, 
supported through loced tax dollars and voluntary citizen 
contributions in excess of $10,800,000,000 since 1972, that 
provides public service programming that is responsive 
to the needs and interests of the local commimity; 
(C) the Federal Government, in recognition of public 
television's integral role in serving the educational Eind 
informational needs of local communities, has invested 
more than $3,000,000,000 in public broadcasting since 
1969; and 
(D) absent carriage requirements there is a substantial 
likelihood that citizens, who have supported local public 
television services, will be deprived of those services. 
(9) The Federal Government has a substantial interest 
in having cable systems carry the signals of local commercial 
television stations because the carriage of such signals is nec-
essary to serve the goals contained in section 307(b) of the 
Communications Act of 1934 of providing a fair, efficient, and 
equitable distribution of broadcast services. 
(10) A primary objective and benefit of our Nation's system 
of regulation of television broadcasting is the local origination 
of programming. There is a substemtial governmental interest 
in ensuring its continuation. 
(11) Broadcast television stations continue to be an impor-
tant source of local news and public affairs programming and 
other local broadcast services critical to an informed electorate. 
(12) Broadcast television programming is supported by rev-
enues generated from advertising broadcast over stations. Such 
progrsunming is otherwise free to those who own television 
sets and do not require cable transmission to receive broadcast 
signals. There is a substantial governmental interest in promot-
ing the continued availability of such free television program-
ming, especially for viewers who are unable to afford other 
means of receiving programming. 
106 STAT. 1462 
PUBLIC LAW 102-385—OCT. 5, 1992 
(13) As a result of the growth of cable television, there 
has been a marked shift in market share from broadcast tele-
vision to cable television services. 
(14) Cable television systems and broadcast television sta-
tions increasingly compete for television advertising revenues. 
As the proportion of households subscribing to cable television 
increases, proportionately more advertising revenues will be 
reallocated from broadcast to cable television systems. 
(15) A cable television system which carries the signal 
of a local television broadcaster is assisting the broadcaster 
to increase its viewership, and thereby attract additional 
advertising revenues that otherwise might be earned by the 
cable system operator. As a result, there is an economic incen-
tive for cable systems to terminate the retransmission of the 
broadcast signal, refuse to carry new signals, or reposition 
a broadcast signal to a disadvantageous channel position. There 
is a substantial likelihood that absent the reimposition of such 
a requirement, additional local broadcast signals will be deleted, 
repositioned, or not carried. 
(16) As a result of the economic incentive that cable systems 
have to delete, reposition, or not carry local broadcast signals, 
coupled with the absence of a requirement that such systems 
cany local broadcast signals, the economic viability of free 
local broadcast television and its ability to originate quality 
local programming will be seriously jeopardized. 
(17) Consumers who subscribe to cable television often 
do so to obtain local broadcast signals which they otherwise 
would not be able to receive, or to obtain improved signals. 
Most subscribers to cable television systems do not or cannot 
maintain antennas to receive broadcast television services, do 
not have input selector switches to convert from a cable to 
antenna reception system, or cannot otherwise receive broad-
cast television services. The regulatory system created by the 
Cable Communications Policy Act of 1984 was premised upon 
the continued existence of mandatory carriage obligations for 
cable systems, ensuring that local stations would be protected 
from anticompetitive conduct by cable systems. 
(18) Cable television systems often are the single most 
efficient distribution system for television programming. A Gov-
ernment mandate for a substantial societal investment in alter-
native distribution systems for cable subscribers, such as the 
"A/B" input selector antenna system, is not an enduring or 
feasible method of distribution and is not in the public interest. 
(19) At the same time, broadcast programming that is 
carried remains the most popular programming on cable sys-
tems, and a substantial portion of the benefits for which con-
sumers pay cable systems is derived from carriage of the signals 
of network affiliates, independent television stations, and public 
television stations. Also cable programming placed on channels 
adjacent to popular off-the-air signals obtains a larger audience 
than on other channel positions. Cable systems, therefore, 
obtain great benefits from local broadcast signals which, until 
now, they have been able to obtain without the consent of 
the broadcaster or any copyright liability. This has resulted 
in an effective subsidy of the development of cable systems 
by local broadcasters. While at one time, when cable systems 
did not attempt to compete with local broadcasters for program-
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1463 
ming, audience, and advertising, this subsidy may have been 
appropriate, it is so no longer and results in a competitive 
imbalance between the 2 industries. 
(20) The Cable Communications PoUcy Act of 1984, in 
its amendments to the Communications Act of 1934, limited 
the regulatory authority of franchising authorities over cable 
operators. Franchising authorities are finding it difficult luider 
the current regulatory scheme to deny reneweds to cable sys-
tems that are not adequately serving cable subscribers. 
(21) Cable systems should be encouraged to carry low-
power television stations licensed to the communities served 
by those systems where the low-power station creates and 
broadcasts, as a substantial part of its programming day, local 
programming. 
(b) STATEMENT OF POLICY.—It is the policy of the Congress 
in this Act to— 
(1) promote the availability to the public of a diversity 
of views and information through cable television and other 
video distribution media; 
(2) rely on the marketplace, to the maximmn extent fea-
sible, to achieve that availability; 
(3) ensure that cable operators continue to expand, where 
economically justified, their capacity and the programs offered 
over their cable systems; 
(4) where cable television systems are not subject to effec-
tive competition, ensure that consumer interests are protected 
in receipt of cable service; and 
(5) ensure that cable television operators do not have xmdue 
market power vis-a-vis video programmers and consimiers. 
(c) DEFINITIONS.—Section 602 of the Communications Act of 
1934 (47 U.S.C. 531) is amended— 
47 use 522. 
(1) by redesignating paragraph (16) as paragraph (19); 
(2) by striking "and" at the end of paragraph (15); 
(3) by redesignating paragraphs (11) through (15) as para-
graphs (13) through (17), respectively; 
(4) by redesignating paragraphs (1) through (10) as para-
graphs (2) through (11), respectively; 
(5) by inserting before paragraph (2) (as so redesignated) 
the following new paragraph: 
"(1) the term 'activated channels* means those channels 
engineered at the headend of a 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, edu-
cational, or governmental use;"; 
(6) by inserting after paragraph (11) (as so redesignated) 
the following new paragraph: 
"(12) the term 'multichannel video programming distribu-
tor' means a person such as, but not limited to, a cable operator, 
a multichannel multipoint distribution service, a direct broad-
cast satellite service, or a television receive-only satellite pro-
gram distributor, who makes available for purchase, by sub-
scribers or customers, multiple cheumels of video program-
ming;"; and 
(7) by inserting after paragraph (17) (as so redesignated) 
the following new paragraph: 
106 STAT. 1464 
PUBLIC LAW 102-385—OCT. 5, 1992 
"(18) the term 'usable activated channels' means activated 
channels of a cable system, except those channels whose use 
for the distribution of broadcast signals would conflict with 
technical and safety regulations as determined by the Commis-
sion; and". 
SEC. 3. REGULATION OF RATES. 
(a) AMENDMENT.—Section 623 of the Communications Act of 
1934 (47 U.S.C. 543) is amended to read as follows: 
"SEC. 623. REGULATION OF RATES. 
"(a) COMPETITION PREFERENCE; LOCAL AND FEDERAL REGULA-
TION.— 
"(1) IN GENERAL.—No Federal agency or State may regulate 
the rates for the provision of cable service except to the extent 
provided under this section and section 612. 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 imder this section. No Federsd agency. State, or fran-
chising authority may regulate the rates for cable service of 
a cable system that is owned or operated by a local government 
or franchising authority within whose jurisdiction that cable 
system is located and that is the only cable system located 
within such jurisdiction. 
"(2) PREFERENCE FOR COMPETITION.—If the Commission 
finds that a cable system is subject to effective competition, 
the rates for the provision of cable service by such system 
shall not be subject to regulation by the Commission or by 
a State or franchising authority under this section. If the Com-
mission finds that a cable system is not subject to effective 
competition— 
"(A) the rates for the provision of basic cable service 
shall be subject to regulation by a franchising authority, 
or by the Commission if the Commission exercises jurisdic-
tion pursuant to paragraph (6), in accordance with the 
regulations prescribed by the Commission imder subsection 
(b); and 
"(B) the rates for cable programming services shall 
be subject to regulation by the Commission imder sub-
section (c). 
"(3) QUALIFICATION OF FRANCHISING AUTHORITY.—A fran-
chising authority that seeks to exercise the regulatory jurisdic-
tion permitted under para^aph (2)(A) shall file with the Com-
mission a written certification that— 
"(A) the franchising authority will adopt and admin-
ister regulations with respect to the rates subject to regula-
tion under this section that are consistent with the regula-
tions prescribed by the Commission under subsection (b); 
"(B) the franchising authority has the legal authority 
to adopt, and the personnel to administer, such regulations; 
and 
"(C) procedural laws and regulations applicable to rate 
regulation proceedings by such authority provide a reason-
able opportunity for consideration of the views of interested 
parties. 
"(4) APPROVAL BY COMMISSION.—^A certification filed by a 
franchising authority under paragraph (3) shall be effective 
PUBUC LAW 102-385—OCT. 5,1992 
106 STAT. 1465 
30 days after the date on which it is filed unless the Commission 
finds, after notice to the authority and a reasonable opportunity 
for the authority to comment, that— 
"(A) the fi'anchising authority has adopted or is admin-
istering regulations with respect to the rates subject to 
regulation under this section that are not consistent with 
the regulations prescribed by the Commission under sub-
section (b); 
"(B) the firanchising authority does not have the legal 
authority to adopt, or the personnel to administer, such 
regulations; or 
"(C) procedural laws and regulations appUcable to rate 
regulation proceedings by such authority do not provide 
a reasonable opportunity for consideration of the views 
of interested parties. 
If the Commission disapproves a fi'anchising authority's cer-
tification, the Commission shall notify the fi'anchising authority 
of any revisions or modifications necessary to obtam approval. 
**(5) REVOCATION OF JURISDICTION.—Upon petition by a 
cable operator or other interested party, the Commission shall 
review the reg^ulation of cable system rates by a fi'anchising 
authority under this subsection. A copy of the petition shall 
be provided to the firanchising authority by the person filing 
the petition. If the Commission finds that the firanchising 
authority has acted inconsistently with, the requirements of 
this subsection, the Commission shall grant appropriate relief. 
If the Commission, after the fi'anchising authority has had 
a reasonable opportunity to comment, determines that the State 
and local laws and regulations are not in conformance with 
the regulations prescribed by the Commission under subsection 
(b), the Commission shall revoke the jurisdiction of such author-
ity. 
"(6) EXERCISE OF JURISDICTION BY COMMISSION.—If the 
Commission disapproves a fi'anchising authority's certification 
under paragraph (4), or revokes such authority's jurisdiction 
under paragraph (5), the Commission shall exercise the fi'an-
chising aumority's regulatory jurisdiction under paragraph 
(2)(A) until the franchising authority has (;[uaUfied to exercise 
that jurisdiction by filing a new certification that meets the 
requirements of paragraph (3). Such new certification shcdl 
be efiective upon approved by the Commission. The Commission 
shall act to approve or disapprove any such new certification 
within 90 days after the date it is filed. 
"(b) ESTABLISHMENT OF BASIC SERVICE TIER RATE REGULA-
TIONS.— 
"(1) COMMISSION OBLIGATION TO SUBSCRIBERS.—The Com-
mission shall, by regulation, ensure that the rates for the 
basic service tier are reasonable. Such regulations shall be 
designed to achieve the goal of protecting subscribers of any 
cable system that is not subject to efiective competition from 
rates for the basic service tier that exceed the rates that would 
be charged for the basic service tier if such cable system were 
subject to efTective competition. 
"(2) COMMISSION REGULATIONS.—Within 180 days after the 
date of enactment of the Cable Television Consumer Protection 
and Competition Act of 1992, the Commission shall prescribe, 
and periodically thereafi^er revise, regulations to carry out its 
106 STAT. 1466 
PUBLIC LAW 102-385—OCT. 5, 1992 
obligations under paragraph (1). In prescribing such regula-
tions, the Commission— 
"(A) shall seek to reduce the administrative burdens 
on subscribers, cable operators, franchising authorities, and 
the Commission; 
"(B) may adopt formulas or other mechanisms and 
procedures in complying with the requirements of subpara-
graph (A); and 
"(C) shall take into account the following factors: 
**(i) the rates for cable systems, u any, that are 
subject to effective competition; 
"(ii) the direct costs (if any) of obtaining, transmit-
ting, and otherwise providing signsils carried on the 
basic service tier, including signals and services carried 
on the basic service tier pursuant to paragraph (7)(B), 
and changes in such costs; 
"(iii) only such portion of the joint and common 
costs (if any) of obtaining, transmitting, and otherwise 
providing such signals as is determined, in accordance 
with regulations prescribed by the Commission, to be 
reasonably and properly allocable to the basic service 
tier, and changes in such costs; 
"(iv) the revenues (if any) received by a cable 
operator from advertising from programming that is 
carried as part of the basic service tier or from other 
consideration obtained in connection with the basic 
service tier; 
"(v) the reasonably and properly allocable portion 
of any amoimt assessed as a franchise fee, tax, or 
charge of any kind imposed by any State or local 
authority on the transactions between cable operators 
and cable subscribers or any other fee, tax, or assess-
ment of general appUcabihty imposed by a govern-
mental entity applied against cable operators or cable 
subscribers; 
"(vi) any amount required, in accordance with 
paragraph (4), to satisfy franchise requirements to sup-
port public, educational, or governmental channels or 
the use of such channels or any other services required 
under the franchise; and 
"(vii) a reasonable profit, as defined by the Com-
mission consistent with the Commission's obUgations 
to subscribers under paragraph (1). 
**(3) EQUIPMENT.—^The regulations prescribed by the Com-
mission under this subsection shall include standards to estab-
lish, on the basis of actual cost, the price or rate for— 
''(A) installation and lease of the equipment used by 
subscribers to receive the basic service tier, including a 
converter box and a remote control imit and, if requested 
by the subscriber, such addressable converter box or other 
equipment as is required to access programming described 
in paragraph (8); and 
''(B) installation and monthly use of connections for 
additional television receivers. 
"(4) COSTS OF FRANCHISE REQUIREMENTS.—The regulations 
prescribed by the Commission under this subsection shall 
mclude standards to identify costs attributable to satisfying 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1467 
franchise requirements to support public, educational, and gov-
ernmental channels or the use of such channels or any otiier 
services required under the franchise. 
"(5) iMPLEMEhPTATION AND ENFORCEMENT.—The regulations 
prescribed by the Commission under this subsection shall 
include additional standards, guidelines, and procedures con-
cerning the implementation and enforcement of such regula-
tions, which shall include— 
"(A) procedures by which cable operators may imple-
ment and franchising authorities may enforce the regula-
tions prescribed by tiie Commission under this subsection; 
"(B) procedures for the expeditious resolution of dis-
putes between cable operators and franchising authorities 
concerning the administration of such regulations; 
"(C) standards and procedures to prevent imreasonable 
charges for changes in the subscriber's selection of services 
or equipment subject to regulation imder this section, which 
standards shall require that charges for changing the serv-
ice tier selected shall be based on the cost of such change 
and shall not exceed nominal amoiuits when the system's 
configuration permits changes in service tier selection to 
be effected solely by coded entry on a computer terminal 
or by other similarly simple method; and 
"(D) standards and procedures to assure that subscrib-
ers receive notice of the availabihty of the basic service 
tier required under this section. 
"(6) NOTICE.—^The procedures prescribed by the Commis-
sion pursuant to paragraph (5)(A) shall require a cable operator 
to provide 30 days' advance notice to a franchising authority 
of any increase proposed in the price to be charged for the 
basic service tier. 
"(7) COMPONENTS OP BASIC TIER SUBJECT TO RATE REGULA-
TION.— 
"(A) MINIMUM CONTENTS.—Each cable operator of a 
cable sjTstem shall provide its subscribers a separately 
available basic service tier to which subscription is required 
for access to any other tier of service. Such basic service 
tier shaU, at a minimum, consist of the following: 
"(i) All signals ceuried in fidfillment of the require-
ments of sections 614 and 615. 
"(ii) Any public, educational, and governmental 
access programming required by the franchise of the 
cable S3rstem to be provided to subscribers. 
"(iii) Any signal of any television broadcast station 
that is provided by the cable operator to any subscriber, 
except a signal which is secondarily transmitted by 
a satellite carrier beyond the local service area of such 
station. 
"(B) PERMITTED ADDITIONS TO BASIC TIER.—A cable 
operator may add additioned video programming signals 
or services to the basic service tier. Any such additional 
signals or services provided on the basic service tier shall 
be provided to subscribers at rates determined under the 
regulations prescribed by the Commission under this sub-
section. 
"(8) BUY-THROUGH OF OTHER TIERS PROHIBITED.— 
106 STAT. 1468 
PUBLIC LAW 102-385—OCT. 5, 1992 
"(A) PROHIBITION.—^A cable operator may not require 
the subscription to any tier other than the basic service 
tier required by paragraph (7) as a condition of access 
to video programming offered on a per channel or per 
program basis. A cable operator may not discriminate 
between subscribers to the basic service tier £ind other 
subscribers with regard to the rates charged for video pro-
gramming offered on a per channel or per program basis. 
"(B) EXCEPTION; LIMITATION.—The prohibition in sub-
paragraph (A) shall not apply to a cable system that, by 
reason of the lack of addressable converter boxes or other 
technological limitations, does not permit the operator to 
offer programming on a per channel or per program basis 
in the same manner required by subparagraph (A). This 
subparagraph shall not be available to any cable operator 
after— 
"(i) the technology utiUzed by the cable system 
is modified or improved in a way tiiat eliminates such 
technological limitation; or 
**(ii) 10 years after the date of enactment of the 
Cable Television Consumer Protection and Competition 
Act of 1992, subject to subparagraph (C). 
"(C) WAIVER.—^If, in any proceeding initiated at the 
request of any cable operator, the Commission determines 
that compliance with the requirements of subparagraph 
(A) would require the cable operator to increase its rates, 
the Commission may, to the extent consistent with the 
public interest, grant such cable operator a waiver from 
such requirements for such specified period as the Commis-
sion determines reasonable and appropriate. 
"(c) REGULATION OF UNREASONABLE RATES.— 
"(1) COMMISSION REGULATIONS.—Within 180 days after the 
date of enactment of the Cable Television Consumer Protection 
and Competition Act of 1992, the Commission shall, by regula-
tion, estabhsh the following: 
"(A) criteria prescribed in accordance with paragraph 
(2) for identifying, in individual cases, rates for cable pro-
gramming services that are unreasonable; 
"(B) fair and expeditious procedures for the receipt, 
consideration, and resolution of complaints firom any sub-
scriber, fi*anchising authority, or other relevant State or 
local government entity alleging that a rate for cable pro-
gramming services charged by a cable operator violates 
the criteria prescribed under subparagraph (A), which pro-
cedures shsQl include the minimimi showing that shall 
be required for a complaint to obtain Commission consider-
ation and resolution of whether the rate in question is 
unreasonable; and 
"(C) the procedures to be used to reduce rates for 
cable programming services that are determined by the 
Commission to be unreasonable and to refund such portion 
of tiie rates or charges that were paid by subscribers after 
the filing of such complaint and that are determined to 
be unreasonable. 
"(2) FACTORS TO BE CONSIDERED.—In estabUshing the cri-
teria for determining in individual cases whether rates for 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1469 
cable programming services are unreasonable under paragraph 
(1)(A), the Commission shall consider, among other factors— 
"(A) the rates for similarly situated cable systems offer-
ing comparable cable programming services, taking into 
account similarities in facilities, regulatory and govern-
mental costs, the number of subscribers, and other relevant 
factors; 
"(B) the rates for cable systems, if any, that are subject 
to effective competition; 
"(C) the history of the rates for cable programming 
services of the system, including the relationship of such 
rates to changes in general consumer prices; 
"(D) the rates, as a whole, for cJl the cable program-
ming, cable equipment, and cable services provided by the 
system, other than programming provided on a per channel 
or per program basis; 
"(E) capit£d and operating costs of the cable system, 
including the quality and costs of the customer service 
provided by the cable system; and 
"(F) the revenues (if any) received by a cable operator 
from advertising from programming that is carried as part 
of the service for which a rate is being established, and 
changes in such revenues, or from other consideration 
obtained in connection with the cable programming services 
concerned. 
"(3) 
LIMITATION ON COMPLAINTS CONCERNING EXISTING 
RATES.—Except during the 180-day period following the effec-
tive date of the regulations prescribed by the Commission under 
paragraph (1), the procedures established under subparagraph 
(B) of such paragraph shall be available only with respect 
to complaints fQed within a reasonable period of time following 
a change in rates that is initiated after that effective date, 
including a change in rates that results from a change in 
that system's service tiers. 
"(d) UNIFORM RATE STRUCTURE REQUIRED.—A cable operator 
shall have a rate structure, for the provision of cable service, that 
is uniform 'throughout the geographic area in which cable service 
is provided over its cable system. 
"(e) DISCRIMINATION; SERVICES FOR THE HEARING IMPAIRED.— 
Nothing in this title shall be construed as prohibiting any Federal 
agency, State, or a franchising authority from— 
"(1) prohibiting discrimination among subscribers and 
potential subscribers to cable service, except that no Federal 
agency. State, or franchising authority may prohibit a cable 
operator from offering reasonable discounts to senior citizens 
or other economically disadvantaged group discounts; or 
"(2) requiring and regulating the installation or rental of 
equipment which facilitates the reception of cable service by 
hearing impaired individuals. 
"(f) NEGATIVE OPTION BILLING PROHIBITED.—A cable operator 
shall not charge a subscriber for any service or equipment that 
the subscriber has not affirmatively requested by name. For pur-
poses of this subsection, a subscriber's failure to reftise a cable 
operator's proposal to provide such service or equipment shall not 
be deemed to be an affirmative request for such service or equip-
ment. 
106 STAT. 1470 
PUBLIC LAW 102-385—OCT. 5, 1992 
"(g) COLLECTION OF INFORMATION.—The Commission shall, by 
regulation, require cable operators to file with the Commission 
or a franchising authority, as appropriate, within one year after 
the date of enactment of the Cable Television Consumer Protection 
and Competition Act of 1992 and annually thereafter, such finemcial 
information as may be needed for purposes of administering and 
enforcing this section. 
"(h) PREVENTION OF EVASIONS.—Within 180 days after the date 
of enactment of the Cable Television Consumer Protection and 
Competition Act of 1992, the Commission shall, by regulation, estab-
Ush standards, guidelines, and procedures to prevent evasions, 
including evasions that result from retiering, of the requirements 
of this section and shall, thereafter, periodically review and revise 
such standards, guidelines, and procedures. 
"(i) SMALL SYSTEM BURDENS.—In developing and prescribing 
regulations pursuant to this section, the Commission shall design 
such regulations to reduce the administrative burdens and cost 
of compliance for cable systems that have 1,000 or fewer subscribers, 
"(j) RATE REGULATION AGREEMENTS.—During the term of an 
agreement made before July 1, 1990, by a franchising authority 
and a cable operator providing for the regulation of basic cable 
service rates, where there was not effective competition under Com-
mission rules in eftiect on that date, nothing in this section (or 
the regulations thereimder) shall abridge the ability of such fran-
chising authority to regulate rates in accordance with such an 
agreement. 
"(k) REPORTS ON AVERAGE PRICES.—The Commission shall 
annually pubUsh statistical reports on the average rates for basic 
cable service and other cable progreimming, and for converter boxes, 
remote control units, and other equipment, o
f
— 
"(1) cable systems that the Commission has foimd are 
subject to effective competition under subsection (a)(2), com-
pared with 
"(2) cable systems that the Commission has found are 
not subject to such effective competition. 
"(1) DEFINITIONS.—^As used in this section— 
"(1) The term 'effective competition* means that— 
"(A) fewer than 30 percent of the households in the 
franchise area subscribe to the cable service of a cable 
system; 
"(B) the franchise area is— 
"(i) served by at least two unaffiliated multi-
channel video programming distributors each of which 
offers comparable video programming to at least 50 
percent of the households in the franchise area; and 
"(ii) the nimiber of households subscribing to pro-
gramming services offered by multichannel video pro-
gramming distributors other than the largest multi-
channel video programming distributor exceeds 15 per-
cent of the households in the franchise area; or 
"(C) a multichannel video programming distributor 
operated by the franchising authority for that franchise 
area offers video progrsimming to at least 50 percent of 
the households in tnat franchise area. 
"(2) The term 'cable programming service' means any video 
programming provided over a cable system, regardless of service 
tier, including installation or rental of equipment used for 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1471 
the receipt of such video programming, other than (A) video 
programming carried on the basic service tier, and (B) video 
programming offered on a per channel or per program basis.", 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 47 use 543 note, 
shall take effect 180 days after the date of enactment of this 
Act, except that the authoritjr of the Federal Communications Com-
mission to prescribe regulations is effective on such date of enact-
ment. 
SEC. 4. CARRIAGE OF LOCAL COMMERCLU. TELEVISION SIGNALS. 
Part II of title VI of the Commimications Act of 1934 is amended 
by inserting after section 613 (47 U.S.C. 533) the following new 
section: 
«SEC. 614. CARRIAGE OF LOCAL COMMERCIAL TELEVISION SIGNALS. 
47 USC 534. 
"(a) CARRIAGE OBLIGATIONS.—Each cable operator shall carry, 
on the cable system of that operator, the signals of local commercial 
television stations and qualified low power stations as provided 
by this section. Carriage of additional broadcast television signals 
on such system shall be at the discretion of such operator, subject 
to section 325(b). 
"(b) SIGNALS REQUIRED.— 
"(1) IN GENERAL.—(A) A cable operator of a cable system 
with 12 or fewer usable activated channels shall carry the 
signals of at least three local commercial television stations, 
except that if such a system has 300 or fewer subscribers, 
it shall not be subject to any requirements under this section 
so long as such system does not delete from carriage by that 
system any signal of a broadcast television station. 
"(B) A cable operator of a cable system with more than 
12 usable activated channels shall carry the signals of local 
commercial television stations, up to one-third of the aggregate 
number of usable activated channels of such system. 
"(2) SELECTION OF SIGNALS.—Whenever the number of local 
commercial television stations exceeds the maximum number 
of signeds a cable system is required to carry under paragraph 
(1), the cable operator shall have discretion in selecting which 
such stations shall be carried on its cable system, except that— 
"(A) under no circumstances shall a cable operator 
carry a qusilified low power station in Ueu of a local com-
mercial television station; and 
"(B) if the cable operator elects to carry an affiliate 
of a broadcast network (as such term is defined by the 
Commission by regulation), such cable operator shall carry 
the affiliate of such broadcast network wnose city of license 
reference point, as defined in section 76.53 of title 47, 
Code of Federal Regulations (in effect on January 1, 1991), 
or any successor regulation thereto, is closest to the prin-
cipal headend of the cable system. 
"(3) CONTENT TO BE CARRIED.—(A) A cable operator shall 
carry in its entirety, on the cable system of that operator, 
the primary video, accompanying audio, and line 21 closed 
caption transmission of each of the local commercial television 
stations carried on the cable system and, to the extent tech-
nically feasible, program-related material carried in the vertical 
blanking interval or on subcarriers. Retransmission of other 
material in the vertical blanking internal or other nonprogram-
related material (including teletext and other subscription and 
106 STAT. 1472 
PUBLIC LAW 102-385—OCT. 5, 1992 
advertiser-supported information services) shsdl be at the dis-
cretion of the cable operator. Where appropriate and feasible, 
operators may delete signal enhsincements, such as ghost-can-
celing, from the broadcast signal and employ such enhance-
ments at the system headend or headends. 
"(B) The cable operator shall carry the entirety of the 
program schedule of any television station carried on the cable 
system imless carriage of specific programming is prohibited, 
and other programming authorized to be substituted, under 
section 76.67 or subpart F of part 76 of title 47, Code of 
Federal Regulations (as in effect on January 1, 1991), or any 
successor regulations thereto. 
"(4) SIGNAL QUALITY.— 
"(A) NONDEGRADATION; TECHNICAL SPECIFICATIONS.— 
The signals of local commercial television stations that 
a cable operator carries shall be carried without material 
degradation. The Commission shall adopt carriage stand-
ards to ensure that, to the extent technically feasible, the 
quality of signal processing and carriage provided by a 
cable system for the carriage of local commercial television 
stations will be no less than that provided by the system 
for carriage of any other t3T)e of signal. 
"(B) ADVANCED TELEVISION.—At such time as the Com-
mission prescribes modifications of the standards for tele-
vision broadcast signals, the Commission shall initiate a 
proceeding to establish £iny changes in the signal ceuriage 
requirements of cable television systems necessary to 
ensure cable carriage of such broadcast signals of local 
commercial television stations which have been changed 
to conform with such modified standards. 
"(5) DUPLICATION NOT REQUIRED.—Notwithstanding para-
graph (1), a cable operator shall not be required to carry the 
signal of any local commercial television station that substan-
tially duplicates the signal of another local commercial tele-
vision station which is carried on its cable system, or to carry 
the signals of more than one local commercial television station 
affiliated with a particular broadcast network (as such term 
is defined by regulation). If a cable operator elects to carry 
on its cable system a signal which substantially dupHcates 
the signal of another local commercial television station carried 
on the cable system, or to carry on its system the signals 
of more than one local commercial television station affiliated 
with a particular broadcast network, all such signals shall 
be counted toward the number of signals the operator is 
required to carry under paragraph (1). 
"(6) CHANNEL POSITIONING.—Each signal carried in fiilfill-
ment of the carriage obligations of a cable operator imder 
this section shall be carried on the cable system channel num-
ber on which the local commercial television station is broadcast 
over the air, or on the channel on which it was carried on 
July 19, 1985, or on the channel on which it was carried 
on January 1, 1992, at the election of the station, or on such 
other channel nimiber as is mutually agreed upon by the station 
and the cable operator. Any dispute regarding the positioning 
of a loc^ commercial television station shall be resolved by 
the Commission. 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1473 
"(7) SIGNAL AVAILABILITY.—Signals carried in fulfillment 
of the requirements of this section shall be provided to every 
subscriber of a cable system. Such signals shall be viewable 
via cable on all television receivers of a subscriber which are 
connected to a cable system by a cable operator or for which 
a cable operator provides a connection. If a cable operator 
authorizes subscribers to install additional receiver connections, 
but does not provide the subscriber with such connections, 
or with the equipment and materials for such connections, 
the operator shall notify such subscribers of all broadcast sta-
tions carried on the cable system which cannot be viewed 
via cable without a converter box and shall offer to sell or 
lease such a converter box to such subscribers at rates in 
accordance with section 623(b)(3). 
"(8) IDENTIFICATION OP SIGNALS CARRIED.—A cable operator 
shall identify, upon request by any person, the signals carried 
on its system in fulfillment of the requirements of this section. 
"(9) NOTIFICATION.—^A cable operator shall provide written 
notice to a local commercigJ television station at least 30 days 
prior to either deleting from carriage or repositioning that 
station. No deletion or repositioning of a local commercial tele-
vision station shall occur during a period in which major tele-
vision ratings services measure the size of audiences of local 
television stations. The notification provisions of this paragraph 
shall not be used to undermine or evade the channel positioning 
or carriage requirements imposed upon cable operators under 
this section. 
"(10) COMPENSATION FOR CARRIAGE.—A cable operator shall 
not accept or request monetary pajrment or other valuable 
consideration in exchange either for carriage of local commercial 
television stations in mlfiUment of the requirements of this 
section or for the channel positioning rights provided to such 
stations xinder this section, except that— 
"(A) any such station may be required to bear the 
costs associated with delivering a good quality signal or 
a baseband video signal to the principal headend of the 
cable system; 
"(B) a cable operator may accept payments from sta-
tions which would be considered distant signals under sec-
tion 111 of title 17, United States Code, as indemnification 
for any increased copyright liability resulting from carriage 
of such signal; and 
"(C) a cable operator may continue to accept monetary 
payment or other valuable consideration in exchange for 
carriage or channel positioning of the signal of any local 
commercial television station csirried in fulfillment of the 
requirements of this section, through, but not beyond, the 
date of expiration of an agreement thereon between a cable 
operator and a local commercial television station entered 
into prior to June 26, 1990. 
"(c) Low POWER STATION CARRIAGE OBLIGATION.— 
"(1) REQUIREMENT.—If there are not sufficient signals of 
full power local commercial television stations to fill the chan-
nels set aside under subsection (b)— 
"(A) a cable operator of a cable system with a capacity 
of 35 or fewer usable activated channels shall be required 
to carry one qualified low power station; and 
106 STAT. 1474 
PUBLIC LAW 102-385—OCT. 5, 1992 
"(B) a cable operator of a cable system with a capacity 
of more than 35 usable activated channels shall be required 
to carry two qualified low power stations. 
"(2) 
USE OF PUBLIC, EDUCATIONAL, OR GOVERNMENTAL 
CHANNELS.—^A cable operator required to carry more than one 
signal of a qualified low power station under this subsection 
may do so, subject to approval by the firanchising authority 
pursuant to section 611, by placing such additional station 
on pubhc, educational, or governmental channels not in use 
for their designated purposes. 
"(d) REMEDIES.— 
"(1) 
COMPLAINTS BY BROADCAST STATIONS.—Whenever a 
local commercial television station believes that a cable operator 
has failed to meet its obUgations under this section, such station 
shaU n o t ^ the operator, in writing, of the alleged failure 
and identify its reasons for believing that the cable operator 
is obligated to carry the signal of such station or has otherwise 
failed to comply with the channel positioning or repositioning 
or other requirements of this section. The cable operator shall, 
within 30 days of such written notification, respond in writing 
to such notification and either commence to carry the signal 
of such station in accordance with the terms requested or 
state its reasons for believing that it is not obligated to carry 
such signal or is in compliance with the channel positioning 
and repositioning and other requirements of this section. A 
local commercial television station that is denied carriage or 
channel positioning or repositioning in accordance with this 
section by a cable operator may obtain review of such denial 
by filing a complednt with the Commission. Such complaint 
shall allege the manner in which such cable operator has failed 
to meet its obligations and the basis for such allegations. 
"(2) OPPORTUNITY TO RESPOND.—The Commission shall 
afford such cable operator an opportimity to present data and 
arguments to establish that there has been no failure to meet 
its obligations under this section. 
"(3) REMEDIAL ACTIONS; DISMISSAL.—Within 120 days after 
the date a complaint is filed, the Commission shall determine 
whether the cable operator has met its obligations under this 
section. If the Commission determines that the cable operator 
has failed to meet such obligations, the Commission shall order 
the cable operator to reposition the complaining station or, 
in the case of an obligation to carry a station, to commence 
carriage of the station and to continue such carriage for at 
least 12 months. If the Commission determines that the cable 
operator has fiilly met the requirements of this section, it 
shall dismiss the complaint. 
"(e) INPUT SELECTOR SWITCH RULES ABOLISHED.—NO cable 
operator shall be required— 
"(1) to provide or make available any input selector switch 
as defined in section 76.5(mm) of title 47, Code of Federal 
Regulations, or any comparable device; or 
"(2) to provide information to subscribers about input selec-
tor switches or comparable devices. 
"(f) REGULATIONS BY COMMISSION.—Within 180 days after the 
date of enactment of this section, the Commission shall, following 
a rulemaking proceeding, issue regulations implementing the 
requirements imposed by this section. Such implementing regula-
PUBLIC LAW 102-386—OCT. 5, 1992 
106 STAT. 1475 
tions shall include necessary revisions to update section 76.51 of 
title 47 of the Code of Federal Regulations. 
*'(g) SALES PRESENTATIONS AND PROGRAM LENGTH COMMER-
CIALS.— 
"(1) CARRIAGE PENDING PROCEEDING.—Pending the outcome 
of the proceeding under paragraph (2), nothing in this Act 
shall require a cable operator to carry on any tier, or prohibit 
a cable operator from carrying on any tier, the signal of any 
commercial television station or video programming service that 
is predominantly utiUzed for the transmission of sales presen-
tations or program length commercials. 
"(2) PROCEEDING CONCERNING CERTAIN STATIONS.—Within 
270 days after the date of enactment of this section, the Com-
mission, notwithstanding prior proceedings to determine 
whether broadcast television stations that are predominantly 
utiHzed for the transmission of sales presentations or program 
length commercials are serving the pubUc interest, convenience, 
and necessity, shall complete a proceeding in accordance with 
this paragraph to determine whether broadcast television sta-
tions that are predominantly utihzed for the transmission of 
sales presentations or program length commercials are serving 
the public interest, convenience, and necessity. In conducting 
such proceeding, the Commission shall provide appropriate 
notice and opportunity for public comment. The Commission 
shall consider the viewing of such stations, the level of compet-
ing demands for the spectrum allocated to such stations, and 
the role of such stations in providing competition to 
nonbroadcast services offering similar programming. In the 
event that the Commission concludes that one or more of such 
stations are serving the public interest, convenience, and neces-
sity, the Commission shall qualify such stations as local com-
mercial television stations for purposes of subsection (a). In 
the event that the Commission concludes that one or more 
of such stations are not serving the pubhc interest, convenience, 
and necessity, the Commission shall allow the licensees of 
such stations a reasonable period within which to provide dif-
ferent programming, and shall not deny such stations a renewal 
expectancy solely because their programming consisted pre-
dominantly of sales presentations or program length commer-
cials. 
"(h) DEFINITIONS.— 
"(1) LOCAL COMMERCIAL TELEVISION STATION.— 
"(A) IN GENERAL.—For purposes of this section, the 
term local commercial television station' means any full 
power television broadcast station, other than a qualified 
noncommercial educational television station within the 
meaning of section 615(1)(1), licensed and operating on 
a channel regularly assigned to its community by the Com-
mission that, with respect to a particular cable system, 
is within the same television market as the cable system. 
"(B) EXCLUSIONS.—The term local commercial tele-
vision station' shall not include— 
"(i) low power television stations, television trans-
lator stations, and passive r^eaters which operate 
pursuant to part 74 of title 47, Code of Federal Regula-
tions, or any successor regulations thereto; 
106 STAT. 1476 
PUBLIC LAW 102-385—OCT. 5, 1992 
"(ii) a television broadcast station that would be 
considered a distant signal under section 111 of title 
17, United States Code, if such station does not agree 
to indemnify the cable operator for any increased copy-
right liabiUty resulting from carriage on the cable sys-
tem; or 
"(iii) a television broadcast station that does not 
deUver to the principal headend of a cable system 
either a signal level of -45dBm for UHF signals or 
-49dBm for VHF signals at the input terminals of 
the signal processing equipment, if such station does 
not agree to be responsible for the costs of deUvering 
to the cable system a signal of good quaUty or a 
baseband video signal. 
"(C) MARKET DETERMINATIONS.—<i) For purposes of this 
section, a broadcasting station's market shall be determined 
in the manner provided in section 73.3555(d)(3)(i) of title 
47, Code of Federal Regulations, as in effect on May 1, 
1991, except that, following a written request, the Commis-
sion may, with respect to a particular television broadcast 
station, include additional communities within its television 
market or exclude communities from such station's tele-
vision market to better effectuate the purposes of this 
section. In considering such requests, the Commission may 
determine that particular communities are part of more 
than one television market. 
"(ii) In considering requests filed pursusint to clause 
(i), the Commission shall afford particular attention to 
the value of localism by taking into account such factors 
as— 
"(I) whether the station, or other stations located 
in the same area, have been historiccdly ceirried on 
the cable system or systems within such community; 
"(II) whether the television station provides cov-
erage or other local service to such commiuiity; 
"(III) whether any other television station that 
is ehgible to be carried by a cable system in such 
community in fiilfQlment of the requirements of this 
section provides news coverage of issues of concern 
to such commxinity or provides carriage or coverage 
of sporting and other events of interest to the commu-
nity; £ind 
"(IV) evidence of viewing patterns in cable £ind 
noncable households within the areas served by the 
cable system or systems in such community, 
"(iii) A cable operator shall not delete from carriage 
the signal of a commercial television station during the 
pendency of any proceeding pursuant to this subparagraph. 
^ 
"(iv) In the rulemciking proceeding required by sub-
section (f), the Commission shall provide for expedited con-
sideration of requests filed imder this subparagraph. 
"(2) QUALIFIED LOW POWER STATION.—The term 'qualified 
low power station' means any television broadcast station con-
forming to the rules established for Low Power Television Sta-
tions contained in part 74 of title 47, Code of Federal Regula-
tions, only i
f
— 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1477 
''(A) such station broadcasts for at least the minimum 
number of hours of operation required by the Commission 
for television broadcast stations under part 73 of title 47, 
Code of Federal Regulations; 
"(B) such station meets all obUgations and require-
ments applicable to television broadcast stations under part 
73 of title 47, Code of Federal Regulations, with respect 
to the broadcast of nonentertainment programming; pro-
gramming and rates involving political candidates, election 
issues, controversial issues oi public importance, editorials, 
and personal attacks; programming for children; and equal 
emplo3rment opportunity; and the Commission determines 
that me provision of such programming by such station 
would address local news and informational needs which 
are not being adequately served by full power television 
broadcast stations because of the geographic distance of 
such full power stations from the low power station's com-
munity of license; 
"(C) such station compUes with interference regulations 
consistent with its secondary status pursuant to part 74 
of title 47, Code of Federal Regulations; 
"(D) such station is located no more them 35 miles 
from the cable system's headend, and dehvers to the prin-
cipal headend of the cable system an over-the-air signal 
of good quality, as determined by the Commission; 
"(E) the community of license of such station and the 
franchise area of the cable system are both located outside 
of the largest 160 Metropolitan Statistical Areeis, ranked 
by population, as determined by the Office of Management 
and Budget on June 30, 1990, and the population of such 
community of Ucense on such date did not exceed 35,000; 
and 
"(F) there is no full power television broadcast station 
Ucensed to any community within the coimty or other politi-
cal subdivision (of a State) served by the cable system. 
Nothing in this paragraph shall be construed to change the 
secondary status of any low power station as provided in psirt 
74 of title 47, Code of Federal Regulations, as in effect on 
the date of enactment of this section.". 
SEC. 6. CARRIAGE OF NONCOMMERCIAL STATIONS. 
Part II of title VI of the Commimications Act of 1934 (47 
U.S.C. 531 et seq.) is further amended by inserting after section 
614 (as added by section 4 of this Act) the following new section: 
«SEC. 615. CARRIAGE OF NONCOMMERCIAL EDUCATIONAL TELE- 47 USC 535. 
VISION. 
"(a) CARRIAGE OBLIGATIONS.—In addition to the carriage 
requirements set forth in section 614, each cable operator of a 
cable system shall carry the signals of qualified noncommercial 
educational television stations in accordance with the provisions 
of this section. 
"(b) REQUIREMENTS TO CARRY QUALIFIED STATIONS.— 
"(1) GENERAL REQUIREMENT TO CARRY EACH QUALIFIED STA-
TION.—Subject to paragraphs (2) and (3) and subsection (e), 
each cable operator shall carry, on the cable system of that 
cable operator, any qualified local noncommercial educational 
television station requesting carriage. 
106 STAT. 1478 
PUBLIC LAW 102-385—OCT. 5,1992 
"(2)(A) SYSTEMS WITH 12 OR FEWER CHANNELS.—Not-
withstanding paragraph (1), a cable operator of a cable system 
with 12 or fewer usable activated channels shall be reqxiired 
to carry the signal of one quahfied local noncommercial edu-
cationaJ television station; except that a cable operator of such 
a system shall comply with subsection (c) and may, in its 
discretion, carry the signals of other qualified noncommercial 
educational television stations. 
"(B) In the case of a cable system described in subparagraph 
(A) which operates beyond the presence of any qualified local 
noncommercial educational television station— 
"(i) the cable operator shall import and carry on that 
system the signsd of one qualified noncommercial edu-
cational television station; 
**(ii) the selection for carriage of such a signal shall 
be at the election of the cable operator; and 
"(iii) in order to satisfy the requirements for carriage 
specified in this subsection, the cable operator of the system 
shall not be required to remove any other programming 
service actually provided to subscribers on March 29, 1990; 
except that such cable operator shall use the first channel 
available to satisfy the requirements of this subparagraph. 
"(3) SYSTEMS WITH 13 TO 36 CHANNELS.—(A) Subject to 
subsection (c), a cable operator of a cable system with 13 
to 36 usable activated channels— 
"(i) shall carry the signal of at least one qualified 
local noncommercial educational television station but shall 
not be required to carry the signals of more than three 
such stations, and 
**(ii) may, in its discretion, carry additional such sta-
tions. 
''(B) In the case of a cable system described in this para-
graph which operates beyond the presence of any qualified 
local noncommercial educational television station, the cable 
operator shall import and carry on that system the signal 
of at least one qualified noncommercial educational television 
station to comply with subparagraph (A)(i). 
"(C) The cable operator of a cable system described in 
this paragraph which carries the signal of a qualified local 
noncommercial educational station af^ated with a State pubUc 
television network shall not be required to carry the signal 
of any additionalqualified local noncommercial educational tele-
vision stations afinliated with the same network if the program-
ming of such additionsd stations is substantially duplicated 
by me programming of the qualified local noncommercial edu-
cational television station receiving carriage. 
"(D) A cable operator of a system described in this para-
graph which increases the usable activated channel capacity 
of the system to more than 36 channels on or after March 
29, 1990, shall, in accordsince with the other provisions of 
this section, carry the signal of each qualified local non-
commercial educational television station requesting carriage, 
subject to subsection (e). 
"(c) 
CONTINUED CARRIAGE OP 
EXISTING STATIONS.—Not-
withstanding any other provision of this section, all cable operators 
shall continue to provide carriage to all qualified local non-
commercial educationed television stations whose signals were car-
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1479 
ried on their systems as of March 29, 1990. The requirements 
of this subsection may be waived with respect to a particular 
cable operator and a particular such station, upon the written 
consent of the cable operator and the station. 
"(d) PLACEMENT OF ADDITIONAL SIGNALS.—A cable operator 
required to add the signals of quahfied local noncommercial edu-
cational television stations to a cable system luider this section 
may do so, subject to approval by the franchising authority pursuant 
to section 611, by placing such additional stations on pubhc, edu-
cational, or governmental channels not in use for their designated 
purposes. 
"(e) SYSTEMS WITH MORE THAN 36 CHANNELS.—A cable opera-
tor of a cable system with a capacity of more than 36 usable 
activated channels which is required to carry the signals of three 
quahfied local noncommercial educational television stations shall 
not be required to carry the signals of additional such stations 
the programming of which substantially duplicates the progrsun-
ming broadcast by another quahfied local noncommercial edu-
cational television station requesting carriage. Substantial duplica-
tion shall be defined by the Commission in a manner that promotes 
access to distinctive noncommercial educational television services. 
"(f) WAIVER OF NONDUPLICATION RIGHTS.—A qualified local non-
commercial educational television station whose signal is carried 
by a cable operator shall not assert any network nonduphcation 
rights it may have pursuant to section 76.92 of title 47, Code 
of Federal Regulations, to require the deletion of programs aired 
on other qualified local noncommercial educational television sta-
tions whose signals are carried by that cable operator. 
"(g) CONDITIONS OF CARRIAGE.— 
"(1) CONTENT TO BE CARRIED.—^A cable operator shall 
retransmit in its entirety the primary video, accompan3dng 
audio, and line 21 closed caption transmission of each qualified 
local noncommercial educational television station whose signal 
is carried on the cable system, and, to the extent technically 
feasible, program-related material csuried in the vertical blank-
ing interval, or on subcarriers, that may be necessary for receipt 
of programming by handicapped persons or for educational 
or language purposes. Retransmission of other material in the 
vertical blarJdng interval or on subcarriers shall be within 
the discretion of the cable operator. 
"(2) BANDWIDTH AND TECHNICAL QUALITY.—A cable operator 
shall provide each quahfied local noncommercial educational 
television station whose signsd is carried in accordance with 
this section with bandwidth and technical capacity equivalent 
to that provided to commercial television broadcast stations 
carried on the cable system and shall carry the signal of each 
qualified local noncommercial educational television station 
without material degradation. 
"(3) CHANGES IN CARRLVGE.—The signal of a qualified local 
noncommercial educational television station shall not be repo-
sitioned by a cable operator unless the cable operator, at least 
30 days in advance of such repositioning, has provided written 
notice to the station and all subscribers of the cable system. 
For purposes of this paragraph, repositioning includes (A) 
assignment of a qualified local noncommercial educational tele-
vision station to a cable system channel number different fi*om 
the cable system channel number to which the station was 
106 STAT. 1480 
PUBLIC LAW 102-385—OCT. 5,1992 
assigned as of March 29, 1990, and (B) deletion of the station 
from the cable system. The notification provisions of this para-
graph shall not be used to undermine or evade the channel 
positioning or carriage requirements imposed upon cable opera-
tors under this section. 
"(4) GOOD QUALITY SIGNAL REQUIRED.—Notwithstanding 
the other provisions of this section, a cable operator shall 
not be required to carry the signal of any (]^ualified local non-
commercial educational television station which does not deUver 
to the cable system's principal headend a signal of good quaUty 
or a baseband video signal, as may be defined by me Commis-
sion. 
**(5) CHANNEL POSITIONING.—Each signal carried in fulfill-
ment of the carriage obligations of a cable operator under 
this section shall be carrieaf on the cable S3rstem channel num-
ber on which the qualified local noncommercial educational 
television station is broadcast over the air, or on the channel 
on which it was carried on July 19, 1985, at the election 
. o f the station, or on such otiier channel number as is mutually 
agreed upon by the station and the cable operator. Any dispute 
regarding the positioning of a qualified local noncommercial 
educational television station shsQl be resolved by the Commis-
sion. 
"(h) AVAILABILITY OP SIGNALS.—Signals carried in fiilfillment 
of the carriage obligations of a cable operator under this section 
shall be available to every subscriber as part of the cable system's 
lowest priced service tier that includes the retransmission of local 
commercial television broadcast signals. 
"(i) PAYMENT FOR CARRIAGE PROHIBITED.— 
"(1) IN GENERAL.—^A cable operator shall not accept mone-
tary pa3rment or other valuable consideration in exchange for 
carriage of the signal of any quaUfied local noncommercial 
educational television station carried in fulfillment of the 
requirements of this section, except that such a station may 
be required to bear the cost associated with deUvering a good 
quaUty signal or a baseband video signal to the principal 
headend of the cable system. 
"(2) DISTANT SIGNAL EXCEPTION.—Notwithstanding the pro-
visions of this section, a cable operator shall not be required 
to add the signal of a qualified local noncommercial educational 
television station not already carried under the provision of 
subsection (c), where such signed would be considered a distant 
signal for copyright purposes unless such station indemnifies 
the cable operator for any increased copyright costs resulting 
from carriage of such signal. 
*
*
(
j
) REMEDIES.— 
"(1) 
COMPLAINT.—^Whenever a 
qualified 
local 
non-
commercial educational television station beUeves that a cable 
operator of a cable system has failed to comply with the signal 
carriage requirements of this section, the station may file a 
complaint with the Commission. Such complaint shall allege 
the manner in which such cable operator has failed to comply 
with such requirements and state the basis for such allegations. 
"(2) OPPORTUNITY TO RESPOND.—The Commission shall 
afford such cable operator an opportunity to present data, 
views, and arguments to estabUsh that the cable operator has 
complied with the signal carriage requirements of this section. 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1481 
"(3) REMEDIAL ACTIONS; DISMISSAL.—Within 120 days after 
the date a complaint is filed under this subsection, the Commis-
sion shall determine whether the cable operator has complied 
with the requirements of this section. If the Commission deter-
mines that the cable operator has failed to comply with such 
requirements, the Commission shall state with psirticularity 
the basis for such findings and order the cable operator to 
take such remedial action as is necessary to meet such require-
ments. If the Commission determines that the cable operator 
has fiiUy complied with such requirements, the Commission 
shall dismiss the complaint. 
"(k) IDENTIFICATION OF SIGNALS.—A cable operator shall iden-
tify, upon request by any person, those signals carried in fulfillment 
of the requirements of this section. 
"(1) DEFINITIONS.—For purposes of this section— 
"(1) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION 
STATION.—The term 'qualified noncommercial educational tele-
vision station' means any television broadcast station which— 
"(A)(i) imder the rules and regulations of the Commis-
sion in effect on March 29, 1990, is licensed by the Commis-
sion as a noncommercial educational television broadcast 
station and which is owned and operated by a public 
agency, nonprofit foundation, corporation, or association; 
and 
"(ii) has as its licensee an entity which is eligible 
to receive a community service grant, or any successor 
grant thereto, fi-om the Corporation for Public Broadcast-
ing, or any successor organization thereto, on the basis 
of the formula set forth in section 396(k)(6)(B); or 
"(B) is owned and operated by a mimicipality and 
transmits predominantly noncommercigd programs for edu-
cational purposes. 
Such term includes (I) the translator of any noncommercial 
educational television station with five watts or higher power 
serving the fi-anchise area, (II) a fiill-service station or trans-
lator if such station or translator is licensed to a channel 
reserved for noncommercial educational use pursuant to section 
73.606 of title 47, Code of Federal Regulations, or any successor 
regulations thereto, and (III) such stations and translators 
operating on channels not so reserved as the Commission deter-
mines are qualified as noncommercial educational stations. 
"(2) QUALIFIED LOCAL NONCOMMERCIAL EDUCATIONAL TELE-
VISION STATION.—The term 'qualified local noncommercial edu-
cational television station' means a qualified noncommercial 
educational television station— 
"(A) which is licensed to a principal community whose 
reference point, as defined in section 76.53 of title 47, 
Code of Federal Regulations (as in effect on March 29, 
1990), or £uiy successor regulations thereto, is within 50 
miles of the principal headend of the cable system; or 
"(B) whose Grade B service contour, as defined in 
section 73.683(a) of such title (as in effect on March 29, 
1990), or any successor regulations thereto, encompasses 
the principal headend of the cable system.". 
106 STAT. 1482 
PUBLIC LAW 102-385—OCT. 5, 1992 
SEC. 6. RETRANSMISSION CONSENT FOR CABLE SYSTEMS. 
Section 325 of the Communications Act of 1934 (47 U.S.C. 
325) is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(2) by inserting immediately after subsection (a) the fol-
lowing new subsection: 
"(b)(1) Following the date that is one yesir after the date of 
enactment of the Cable Television Consumer Protection and Com-
petition Act of 1992, no cable system or other multichannel video 
programming distributor shall retransmit the signal of a broadcast-
ing station, or any part thereof, except— 
"(A) with the express authority of the originating station; 
or 
"(B) pursuant to section 614, in the case of a station elect-
ing, in accordance with this subsection, to assert the right 
to carriage under such section. 
"(2) The provisions of this subsection shall not apply to— 
"(A) retransmission of the signal of a noncommercial broad-
casting station; 
"(B) retransmission directly to a home sateUite antenna 
of the signal of a broadcasting station that is not owned or 
operated by, or affiliated with, a broadcasting network, if such 
signal was retransmitted by a satellite carrier on May 1, 1991; 
"(C) retransmission of the signal of a broadcasting station 
that is owned or operated by, or affiUated with, a broadcasting 
network directly to a home satellite antenna, if the household 
receiving the signal is an unserved household; or 
"(D) retransmission by a cable operator or other multi-
channel video programming distributor of the signal of a 
superstation if such signal was obtained from a satellite carrier 
and the originating station was a superstation on May 1, 1991. 
For purposes of this paragraph, the terms 'satellite carrier', 
'superstation', and 'unserved household' have the meanings given 
those terms, respectively, in section 119(d) of title 17, United States 
Code, as in effect on the date of enactment of the Cable Television 
Consumer Protection and Competition Act of 1992. 
Regulations. 
"(3)(A) Within 45 days after the date of enactment of the 
Cable Television Consumer Protection and Competition Act of 1992, 
the Commission shaU commence a rulemaking proceeding to estab-
lish regulations to govern the exercise by television broadcast sta-
tions of the right to grant retransmission consent under this sub-
section and of the right to signal carriage under section 614, and 
such other regulations as are necessary to administer the limita-
tions contained in paragraph (2). The Commission shall consider 
in such proceeding the impact that the grant of retransmission 
consent by television stations may have on the rates for the basic 
service tier and shall ensure that the regulations prescribed imder 
this subsection do not conflict with the Commission's obligation 
under section 623(b)(1) to ensure that the rates for the basic service 
tier are reasonable. Such rulemaking proceeding shall be completed 
within 180 days after the date of enactment of the Cable Television 
Consumer Protection £ind Competition Act of 1992. 
"(B) The regulations required by subparagraph (A) shall require 
that television stations, within one year after the date of enactment 
of the Cable Television Consumer Protection and Competition Act 
of 1992 £uid every three years thereafter, make an election between 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1483 
the right to grsmt retransmission consent under this subsection 
and the right to signal carriage under section 614. If there is 
more than one cable system which services the same geographic 
area, a station's election shall apply to all such cable systems. 
"(4) If an originating television station elects imder paragraph 
(3XB) to exercise its right to grant retransmission consent under 
this subsection with respect to a cable system, the provisions of 
section 614 shall not apply to the carriage of the signal of such 
station by such cable system. 
"(5) The exercise by a television broadcast station of the right 
to grant retransmission consent under this subsection shall not 
interfere with or supersede the rights under section 614 or 615 
of any station electing to assert the right to signal carriage under 
that section. 
"(6) Nothing in this section shall be construed as modifying 
the compulsory cop3ndght license established in section 111 of title 
17, United States Code, or as affecting existing or future video 
programming licensing agreements between broadcasting stations 
and video progrsimmers.". 
SEC. 7. AWARD OF FRANCHISES; PROMOTION OF COMPETITION. 
(a) ADDITIONAL COMPETITIVE FRANCHISES.— 
(1) AMENDMENT.—Section 621(a)(1) of the Commimications 
Act of 1934 (47 U.S.C. 541(a)(1)) is amended by inserting before 
the period at the end the following: "; except that a franchising 
authority may not grant an exclusive franchise and may not 
unreasonably reftise to awsird an additional competitive fran-
chise. Any applicant whose apphcation for a second franchise 
has been denied by a final decision of the franchising authority 
may appeal such final decision pursuant to the provisions of 
section 635 for failure to comply with this subsection". 
(2) CONFORMING AMENDMENT.—Section 635(a) of the Com-
munications Act of 1934 (47 U.S.C. 555(a)) is amended by 
inserting "621(a)(1)," after "section". 
(b) FRANCHISE REQUIREMENTS.—Section 621(a) of the Commu-
nications Act of 1934 (47 U.S.C. 541(a)) is amended by adding 
at the end the following new paragraph: 
"(4) In awarding a franchise, the 
frginchising 
authority— 
"(A) shall allow the applicant's cable system a reasonable 
period of time to become capable of providing cable service 
to all households in the franchise area; 
"(B) may require adequate assurance that the cable opera-
tor will provide adequate public, educational, and governmental 
access channel capacity, facilities, or financial support; and 
"(C) may require adequate assurance that the cable opera-
tor has the financial, technical, or legal qualifications to provide 
cable service.". 
(c) 
MUNICIPAL AUTHORITIES PERMITTED TO OPERATE SYS-
TEMS.—Section 621 of the Communications Act of 1934 (47 U.S.C. 
541) is amended— 
(1) by inserting "and subsection (f)" before the comma in 
subsection (b)(1); and 
(2) by adding at the end the following new subsection: 
"(f) No provision of this Act shall be construed to— 
"(1) prohibit a local or municipal authority that is also, 
or is affiliated with, a franchising authority from operating 
as a multichannel video programming distributor in the fran-
106 STAT. 1484 
PUBLIC LAW 102-385—OCT. 5, 1992 
chise area, notwithstanding the granting of one or more fran-
chises by such franchising authority; or 
"(2) require such local or municipal authority to secure 
a franchise to operate as a multichannel video programming 
distributor.". 
SEC. 8. CONSUMER PROTECTION AND CUSTOMER SERVICE. 
Section 632 of the Communications Act of 1934 (47 U.S.C. 
552) is amended to read as follows: 
''SEC. 632. CONSUMER PROTECTION AND CUSTOMER SERVICE. 
"(a) FRANCHISING AUTHORITY ENFORCEMENT.—A franchising 
authority may establish and enforce— 
"(1) customer service requirements of the cable operator; 
and 
"(2) construction schedules and other construction-related 
requirements, 
including 
construction-related 
performance 
requirements, of the cable operator. 
"(b) COMMISSION STANDARDS.—The Commission shall, within 
180 days of enactment of the Cable Television Consumer Protection 
and Competition Act of 1992, estabUsh standards by which cable 
operators may fulfill their customer service requirements. Such 
standgirds shall include, at a minimum, requirements governing— 
"(1) cable system office hours and telephone availability; 
"(2) installations, outages, and service calls; and 
"(3) communications between the cable operator and the 
subscriber (including standards governing bills and refunds). 
"(c) CONSUMER PROTECTION LAWS AND CUSTOMER SERVICE 
AGREEMENTS.— 
"(1) CONSUMER PROTECTION LAWS.—Nothing in this title 
shall be construed to prohibit any State or any franchising 
authority from enacting or enforcing any consumer protection 
law, to the extent not specifically preempted by this title. 
"(2) CUSTOMER SERVICE REQUIREMENT AGREEMENTS.—Noth-
ing in this section shall be construed to preclude a franchising 
authority and a cable operator from agreeing to customer serv-
ice requirements that exceed the standards established by the 
Commission under subsection (b). Nothing in this title shall 
be construed to prevent the establishment or enforcement of 
any municipal law or regulation, or any State law, concerning 
customer service that imposes customer service requirements 
that exceed the standards set by the Commission under this 
section, or that addresses matters not addressed by the stand-
ards set by the Commission under this section.". 
SEC. 9. LEASED COMMERCIAL ACCESS. 
(a) PURPOSE.—Section 612(a) of the Communications Act of 
1934 (47 U.S.C. 532(a)) is amended by inserting "to promote com-
petition in the delivery of diverse sources of video programming 
and" after "purpose of this section is". 
(b) COMMISSION RULES ON MAXIMUM REASONABLE RATES AND 
OTHER TERMS AND CONDITIONS.—Section 612(c) of such Act (47 
U.S.C. 532(c)) is amended— 
(1) in paragraph (1) by inserting "and with rules prescribed 
by the Commission under paragraph (4)" after "purpose of 
this section"; and 
(2) by adding at the end the following new paragraph: 
"(4)(A) The Commission shall have the authority to— 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1485 
"(i) determine the maximum reasonable rates that a cable 
operator may establish pursuant to p£u*agraph (1) for commer-
cial use of designated channel capacity, including the rate 
charged for the billing of rates to subscribers and for the 
collection of revenue from subscribers by the cable operator 
for such use; 
"(ii) establish reasonable terms and conditions for such 
use, including those for billing and collection; and 
"(iii) estabUsh procedures for the expedited resolution of 
disputes concerning rates or carriage imder this section. 
"(B) Within 180 days after the date of enactment of this para- Regulations. 
graph, the Commission shall estabUsh rules for determining maxi-
mum reasonable rates imder subparagraph (A)(i), for establishing 
terms and conditions under subparagraph (AXii), and for providing 
procedures under subparagraph (AXiii).". 
(c) ACCESS FOR QUALITY MINORITY PROGRAMMING SOURCES AND 
QUALIFIED EDUCATIONAL PROGRAMMING SOURCES.—Section 612 of 
such Act (47 U.S.C. 532) is amended by adding at the end thereof 
the following new subsection: 
"(i)(l) Notwithstanding the provisions of subsections (b) and 
(c), a cable operator required by this section to designate channel 
capacity for commercial use may use any such channel capacity 
for the provision of programming from a qualified minority program-
ming source or from any qualified educational programming source, 
whether or not such source is £iftiUated with the cable operator. 
The channel capacity used to provide programming from a qualified 
minority programming source or from any qualified educational 
programming source pursuant to this subsection may not exceed 
33 percent of the channel capacity designated pursuant to this 
section. No programming provided over a cable system on July 
1, 1990, may qualify as minority programming or educational pro-
gramming on that cable system under this subsection. 
"(2) For purposes of this subsection, the term 'qualified minority 
programming source' means a programming source which devotes 
substantially all of its programming to coverage of minority view-
points, or to programming directed at members of minority groups, 
and which is over 50 percent minority-owned, as the term 'minority 
is defined in section 309(i)(3)(C)(ii). 
"(3) For purposes of this subsection, the term 'qualified edu-
cational programming source' means a programming source which 
devotes substantially sdl of its programming to educationed or 
instructional programming that promotes pubUc understanding of 
mathematics, the sciences, the humanities, and the arts and has 
a dociunented annual expenditure on programming exceeding 
$15,000,000. The annual expenditure on programming means all 
annual costs incurred by the programming source to produce or 
acquire programs which are scheduled to be televised, and specifi-
cally excludes marketing, promotion, satelUte transmission and 
operational costs, and general administrative costs. 
"(4) Nothing in this subsection shall substitute for the require-
ments to carry qualified noncommercial educational television sta-
tions as specified imder section 615..". 
(d) CONFORMING AMENDMENT.—Paragraph (5) of section 612(b) 
of the Communications Act of 1934 (47 U.S.C. 532(b)) is amended 
to read as follows: 
106 STAT. 1486 
PUBLIC LAW 102-385—OCT. 5, 1992 
"(5) For the purposes of this section, the term 'commercial 
use' means the provision of video programming, whether or not 
for profit.". 
SEC. 10. CHILDREN^ PROTECTION FROM INDECENT PROGRAMMING 
ON LEASED ACCESS CHANNELS. 
(a) AUTHORITY TO ENFORCE.—Section 612(h) of the Communica-
tions Act of 1934 (47 U.S.C. 532(h)) is amended— 
(1) by inserting "or the cable operator" after "fi-anchising 
authority'; and 
(2) bv adding at the end thereof the following: 'This sub-
section snedl permit a cable operator to enforce prospectively 
a written and published policy of prohibiting programming 
that the cable operator reasonably beueves descrioes or depicts 
sexual or excretory activities or organs in a patently offensive 
manner as measured by contemporary community standards.". 
(b) COMMISSION REGULATIONS.—Section 612 of the Communica-
tions Act of 1934 (47 U.S.C. 532) is amended by inserting after 
subsection (i) (as added by section 9(c) of this Act) the foUowing 
new subsection: 
"(jXl) Within 120 days following the date of the enactment 
of this subsection, the Commission shall promulgate regulations 
designed to limit the access of children to indecent programming, 
as defined by Commission regulations, and which cable operators 
have not voluntarily^ prohibited under subsection (h) by— 
"(A) requiring cable operators to place on a single channel 
all indecent programs, as identified by program providers, 
intended for carriage on channels designated for commercial 
use under this section; 
"(B) requiring cable operators to block such single channel 
unless the subscriber requests access to such channel in writing; 
and 
"(C) requiring programmers to inform cable operators if 
the program would be indecent as defined by Commission regu-
lations. 
"(2) Cable operators shall comply with the regulations promul-
gated pursuant to paragraph (1).". 
Regulations. 
(c) PROHIBITS SYSTEM USE.—Within 180 days following the 
47 use 531 note, date of the enactment of this Act, the Federal Commimications 
Commission shall promulgate such regulations as may be necessary 
to enable a cable operator of a cable system to prohibit the use, 
on such system, of any channel capacity of any ptuDlic, educational, 
or governmental access facility for any programming which contains 
obscene material, sexually expUcit conduct, or material soliciting 
or promoting unlawfiil conduct. 
(d) CONFORMING AMENDMENT.—Section 638 of the Communica-
tions Act of 1934 (47 U.S.C. 558) is amended by striking the 
period at the end and inserting the following: "unless the program 
mvolves obscene material.". 
SEC. 11. LIMITATIONS ON OWNERSHIP, CONTROL, AND UTILIZATION. 
(a) CROSS-OWNERSHIP.—Section 613(a) of the Communications 
Act of 1934 (47 U.S.C. 533(a)) is amended— 
(1) by inserting "(1)" immediately after "(a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) It shall be unlawfiil for a cable operator to hold a hcense 
for multichannel multipoint distribution service, or to offer satellite 
master antenna television service separate and apart fi*om any 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1487 
franchised cable service, in any portion of the franchise area served 
by that cable operator's cable system. The Commission— 
"(A) shall waive the requirements of this paragraph for 
all existing multichannel multipoint distribution services £ind 
satelUte master antenna television services which are owned 
by a cable operator on the date of enactment of this paragraph; 
and 
"(B) may waive the requirements of this peiragraph to 
the extent the Commission determines is necessary to ensure 
that all significant portions of a franchise area are able to 
obtain video programming.". 
(b) CLARIFICATION OF LOCAL AUTHORITY TO REGULATE OWNER-
SHIP.—Section 613(d) of the Communications Act of 1934 (47 U.S.C. 
533(d)) is amended— 
(1) by stnking "any media" and inserting "any other media"; 
and 
(2) by adding at the end thereof the following: "Nothing 
in this section shall be construed to prevent any State or 
franchising authority from prohibiting the ownership or control 
of a cable system in a jiuisdiction by any person (1) because 
of such person's ownership or control of any other cable system 
in such jurisdiction; or (2) in circumstances in which the State 
or franchising authority determines that the acquisition of such 
a cable system may eliminate or reduce competition in the 
delivery of cable service in such jurisdiction.". 
(c) COMMISSION REGULATIONS.—Section 613 of the Communica-
tions Act of 1934 (47 U.S.C. 533) is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f)(1) In order to enhance effective competition, the Commission 
shall, within one year after the date of enactment of the Cable 
Television Consumer Protection and Competition Act of 1992, con-
duct a proceeding— 
"(A) to prescribe rules and regulations estabhshing reason-
able limits on the number of cable subscribers a person is 
authorized to reach through cable systems owned by such per-
son, or in which such person has an attributable interest; 
"(B) to prescribe rules and regulations establishing reason-
able limits on the number of channels on a cable system that 
can be occupied by a video programmer in which a cable opera-
tor has an attributable interest; and 
"(C) to consider the necessity and appropriateness of impos-
ing limitations on the degree to which multichannel video pro-
gramming distributors may engage in the creation or production 
of video programming. 
"(2) In prescribing rules and regulations under paragraph (1), 
the Commission shall, among other public interest objectives— 
"(A) ensure that no cable operator or group of cable opera-
tors can unfairly impede, either because of the size of any 
individual operator or because of joint actions by a group of 
operators of sufficient size, the flow of video programming 
from the video programmer to the consumer; 
"(B) ensure that cable operators affiliated with video pro-
grammers do not favor such programmers in determining car-
riage on their cable systems or do not unreasonably restrict 
106 STAT. 1488 
PUBLIC LAW 102-385—OCT. 5,1992 
tihe flow of the video programming of such programmers to 
other video distributors; 
"(C) take particular account of the market structure, owner-
ship patterns, and other relationships of the cable television 
industry, including the nature and market power of the local 
franchise, the joint ownership of cable systems and video pro-
grammers, and the various types of non-equity controlling 
interests; 
''(D) account for any efficiencies and other benefits that 
might be gained through increased ownership or control; 
"(E) make such rules and regulations reflect the dynamic 
nature of the communications marketplace; 
"(F) not impose limitations which would bar cable operators 
fi*om serving previously unserved rural areas; and 
''(G) not impose limitations which would impsur the develop-
ment of diverse and high qucdity video programming.". 
SEC. 12. REGULATION OF CARRIAGE AGREEMENTS. 
Part II of title VI of 
the Communications Act of 1934 is amended 
by inserting after section 615 (as added by section 5 of this Act) 
the following new section: 
47 use 536. 
«SEC. 616. REGULATION OF CARRIAGE AGREEMENTS. 
**(a) REGULATIONS.—^Within one year after the date of enactment 
of this section, the Commission shall estabhsh regulations governing 
program carriage agreements and related practices between cable 
operators or other multichannel video programming distributors 
and video programming vendors. Such regulations shs^— 
"(1) include provisions designed to prevent a cable operator 
or otiier multichannel video programming distributor from 
requiring a financial interest in a program service as a condition 
for carriage on one or more of such operator's systems; 
"(2) include provisions designed to prohibit a cable operator 
or other multichannel video programming distributor fi*om 
coercing a video programming vendor to provide, and from 
retaUating against such a vendor for failing to provide, exclusive 
rights against other multichannel video programming distribu-
tors £is a condition of carriage on a system; 
"(3) contain provisions designed to prevent a multichannel 
video programming distributor from engaging in conduct the 
effect of which is to unreasonably restrain tiie ability of an 
unciffiUated video programming vendor to compete fairly by 
discriminating in video programming distribution on the basis 
of affOiation or nonafiiUation of vendors ui the selection, terms, 
or conditions for carriage of video programming provided by 
such vendors; 
"(4) provide for expedited review of any complaints made 
by a video progrsimming vendor pursuant to this section; 
**(5) provide for appropriate penalties and remedies for 
violations of this subsection, including carriage; and 
"(6) provide penalties to be assessed against any person 
filuig a fnvolous complaint pursuant to this section. 
"(b) DEFINITION.—^As used in this section, the term Video pro-
gramming vendor* means a person engaged in the production, cre-
ation, or wholesale distribution of video programming for sale.". 
PUBLIC LAW 102-385—OCT. 5,1992 
106 STAT. 1489 
SEC. 13. SALES OF CABLE SYSTEMS. 
Part II of title VI of the Communications Act of 1934 is further 
amended by adding at the end thereof the following new section: 
•«EC. 617. SALES OF CABLE SYSTEMS. 
47 USC 537. 
"(a) 3-YEAR HOLDING PERIOD REQUIRED.—Except as provided 
in this section, no cable operator may sell or otherwise transfer 
ownership in a cable system within a 36-month period following 
either the acquisition or initial construction of such system by 
such operator. 
"(b) TREATMENT OF MULTIPLE TRANSFERS.—In the case of a 
sale of multiple systems, if the terms of the sale require the buyer 
to subsequently transfer ownership of one or more such systems 
to one or more third parties, such transfers shall be considered 
a part of the initial transaction. 
"(c) EXCEPTIONS.—Subsection (a) shall not apply to— 
"(1) any transfer of ownership interest m any cable system 
which is not subject to Federal income tax UabiUiy; 
"(2) any sale required by operation of any law or any 
act of any Federal agency, any State or political subdivision 
thereof, or any franchising authority; or 
"(3) any sale, assignment, or transfer, to one or more pur-
chasers, assignees, or transferees controlled by, controUing, or 
under common control with, the seller, assignor, or transferor. 
"(d) WAIVER AUTHORITY.—^The Commission may, consistent 
with the pubUc interest, waive the requirement of subsection (a), 
except that, if the franchise requires franchise authority approval 
of a transfer, the Commission shall not waive such requirements 
imless the franchise authority has approved the transfer. The Com-
mission shall use its authority under this subsection to permit 
appropriate transfers in the cases of default, foreclosure, or other 
financial distress. 
"(e) 
LIMITATION ON DURATION OF FRANCHISING AUTHORITY 
POWER TO DISAPPROVE TRANSFERS.—In the case of any sale or 
transfer of ownership of any cable system after the 36-month period 
following acquisition of such system, a franchising authority shall, 
if the francnise requires franchising authority approval of a sale 
or transfer, have 120 dajrs to act upon any request for approval 
of such sale or transfer that contains or is accompanied by such 
information as is required ia accordance with Commission regula-
tions and by the franchising authority. If the franchising authority 
fails to render a final decision on the request within 120 days, 
such request shall be deemed granted unless the requesting party 
and the franchising authority agree to an extension of time.". 
SEC. 14. SUBSCRIBER BILL ITEMIZATION. 
Section 622(c) of the Communications Act of 1934 (47 U.S.C. 
542(c)) is amended to read as follows: 
"(c) Each cable operator may identify, consistent with the regu-
lations prescribed by the Commission pursuant to section 623, 
as a separate line item on each regular bill of each subscriber, 
each of me following: 
"(1) The amount of the total bill assessed as a franchise 
fee and the identity of the franchising authority to which the 
fee is paid. 
"(2) The amount of the total bill assessed to satisfy any 
requirements imposed on the cable operator by the franchise 
59-194 O—93 
20:QL3(Pt. 2) 
106 STAT. 1490 
PUBLIC LAW 102-385—OCT. 5, 1992 
agreement to support public, educational, or govemment£il 
channels or the use of such channels. 
"(3) The amount of any other fee, tax, assessment, or charge 
of any kind imposed by any governmental authority on the 
transaction between the operator and the subscriber.". 
SEC. 15. NOTICE TO CABLE SUBSCRIBERS ON UNSOUCITED SEXUALLY 
EXPUCIT PROGRAMS. 
Section 624(d) of the Communications Act of 1934 (47 U.S.C. 
544(d)) is amended by adding at the end the following new p£ira-
graph: 
"(3)(A) If a cable operator provides a premium channel without 
charge to cable subscribers who do not subscribe to such premium 
channel, the cable operator shall, not later than 30 days before 
such premium channel is provided without charge— 
"(i) notify all cable subscribers that the cable operator 
plans to provide a premium channel without charge; 
"(ii) notify all cable subscribers when tiie cable operator 
pl£ins to offer a premium channel without charge; 
"(iii) notify all cable subscribers that they have a right 
to request that the channel canying the premium channel 
be blocked; and 
"(iv) block the channel canying the premium channel upon 
the request of a subscriber. 
"(B) For the purpose of this section, the term 'premium channel' 
shall mean any pay service offered on a per channel or per program 
basis, which offers movies rated by the Motion Picture Association 
of America as X, NC-17, or R.". 
SEC. 16. TECHNICAL STANDARDS; EMERGENCY ANNOUNCEMENTS; 
PROGRAMMING CHANGES; HOME WIRING. 
(a) TECHNICAL STANDARDS.—Section 624(e) of the Commxmica-
tions Act of 1934 (47 U.S.C. 544(e)) is amended to read as follows: 
Regulations. 
"(e) Within one year after the date of enactment of the Cable 
Television Consumer Protection and Competition Act of 1992, the 
Commission shaU prescribe regulations which estabUsh minimum 
technical standards relating to cable systems' technical operation 
and signsil quality. The Commission shall update such standards 
periodically to reflect improvements in technology. A franchising 
authority may require as part of a franchise (including a modifica-
tion, renewal, or transfer thereof) provisions for the enforcement 
of the standards prescribed imder this subsection. A franchising 
authority may apply to the Commission for a waiver to impose 
standards that are more stringent than the standards prescribed 
by the Commission under this subsection.". 
(b) EMERGENCY ANNOUNCEMENTS.—Section 624 of such Act (47 
U.S.C. 544) is amended by adding at the end the following new 
subsection: 
"(g) Notwithstanding any such rule, regulation, or order, each 
cable operator shall comply with such standards as the Commission 
shall prescribe to ensure that viewers of video programming on 
cable systems are afforded the same emergency ii5brmation as 
is afforded by the emergency broadcasting system pursuant to Com-
mission regulations in subpart G of part 73, title 47, Code of 
Federal Regulations.". 
(c) PROGRAMMING CHANGES.—Section 624 of such Act (47 U.S.C. 
544) is fruther amended— 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1491 
(1) in subsection (b)(1), by inserting ", except as provided 
in subsection (h)," after *it)ut may not"; and 
(2) by adding at the end the following new subsection: 
"(h) A franchising authority may require a cable operator to 
do any one or more of the following: 
"(1) Provide 30 days' advance written notice of any change 
in channel assignment or in the video programming service 
provided over any such channel. 
"(2) Inform subscribers, via written notice, that comments 
on programming and channel position changes are being 
recorded by a designated office of the franchising authority.'. 
(d) HOME WIRING.—Section 624 of such Act (47 U.S.C. 544) 
is further amended by adding at the end the following new sub-
section: 
"(i) Within 120 days after the date of enactment of this sub- Regulations, 
section, the Commission shall prescribe rules concerning the dis-
position, after a subscriber to a cable system terminates service, 
of any cable installed by the cable operator within the premises 
of such subscriber.". 
SEC. 17. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILnY. 
The Commimications Act of 1934 is amended by adding after 
section 624 (47 U.S.C. 544) the following new section: 
"SEC. 624A. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY. 47 USC 544a. 
"(a) FINDINGS.—The Congress finds thal^ 
"(1) new and recent models of television receivers and 
video cassette recorders ofben contain premimn features and 
functions that are disabled or inhibited because of cable scram-
bling, encoding, or encryption technologies £ind devices, includ-
ing converter boxes and remote control devices required by 
cable operators to receive programming; 
"(2) if these problems are allowed to persist, consumers 
will be less likely to purchase, and electronics equipment manu-
facturers will be less likely to develop, manufacture, or offer 
for sale, television receivers and video cassette recorders with 
new and innovative features and functions; and 
"(3) cable operators should use technologies that will pre-
vent signal thefts while permitting consumers to benefit from 
such features and functions in such receivers and recorders. 
"(b) COMPATIBLE INTERFACES.— 
"(1) REPORT; REGULATIONS.—Within 1 year after the date 
of enactment of this section, the Commission, in consultation 
with representatives of the cable industry and the consiuner 
electromcs industry, shall report to Congress on means of assur-
ing compatibiHty between televisions and video cassette record-
ers and cable systems, consistent with the need to prevent 
theft of cable service, so that cable subscribers will be able 
to enjoy the full benefit of both the programming available 
on cable systems and the functions available on their televisions 
and video cassette recorders. Within 180 days after the date 
of submission of the report required by this subsection, the 
Commission shall issue such regulations as are necessary to 
assure such compatibility. 
"(2) SCRAMBLING AND ENCRYPTION.—In issuing the regula-
tions referred to in paragraph (1), the Commission shall deter-
mine whether and, if so, under what circumstances to permit 
cable systems to scramble or encrypt signals or to restrict 
106 STAT. 1492 
PUBLIC LAW 102-385—OCT. 5, 1992 
cable systems in the manner in which they encrypt or scramble 
signals, except that the Commission shall not limit the use 
of scrambling or encryption technology where the use of such 
technology does not interfere with the functions of subscribers' 
television receivers or video cassette recorders, 
"(c) RULEMAKING REQUIREMENTS.— 
"(1) FACTORS TO BE CONSIDERED.—In prescribing the regu-
lations required by this section, the Commission shall 
consider— 
"(A) the costs and benefits to consumers of imposing 
compatibility requirements on cable operators and tele-
vision manufacturers in a manner that, while providing 
effective protection against theft or unauthorized reception 
of cable service, will minimize interference with or nul-
lification of the special fimctions of subscribers' television 
receivers or video cassette recorders, including functions 
that permit the subscriber— 
"(i) to watch a program on one channel while 
simultaneously using a video cassette recorder to tape 
a program on another channel; 
"(ii) to use a video cassette recorder to tape two 
consecutive programs that appear on different chan-
nels; and 
"(iii) to use advanced television picture generation 
and display features; and 
"(B) the need for cable operators to protect the integrity 
of the signals transmitted by the cable operator against 
theft or to protect such signals against imauthorized recep-
tion. 
"(2) REGULATIONS REQUIRED.—The regulations prescribed 
by the Commission under this section shall include such regula-
tions as are necessary— 
*
X
A
) to specify the technical requirements with which 
a television receiver or video cassette recorder must comply 
in order to be sold as 'cable compatible' or 'cable ready*; 
"(B) to require cable operators offering channels whose 
reception requires a converter box— 
"(i) to notify subscribers that they may be unable 
to benefit fi'om the special fimctions of their television 
receivers and video cassette recorders, including fimc-
tions that permit subscribers— 
"(I) to watch a program on one channel while 
simultaneously using a video cassette recorder to 
tape a program on another channel; 
"(II) to use a video cassette recorder to tape 
two consecutive programs that appear on different 
channels; £md 
"(III) to use advanced television picture gen-
eration and display features; and 
"(ii) to the extent technically and economically fea-
sible, to offer subscribers the option of having all other 
channels delivered directly to the subscribers* tele-
vision receivers or video cassette recorders without 
passing through the converter box; 
"(C) to promote the commercial availabiUty, 
fi-om 
cable 
operators and retail vendors that are not affiliated with 
PUBLIC LAW 102-385—CKJT. 5,1992 
106 STAT. 1493 
cable systems, of converter boxes and of remote control 
devices compatible with converter boxes; 
"(D) to require a cable operator who offers subscribers 
the option of renting a remote control unit— 
"(i) to notify subscribers that they may purchase 
a commercially available remote control device from 
any soiirce that sells such devices rather than renting 
it from the cable operator; and 
"(ii) to specify the t3T)es of remote control units 
that are compatible with the converter box suppKed 
by the cable operator; and 
"(E) to prohibit a cable operator from taking any action 
that prevents or in any way disables the converter box 
supplied by the cable operator from operating compatibly 
with commercially available remote control units. 
"(d) REVIEW OF REGULATIONS.—The Commission shall periodi-
cally review and, if necessary, modify the regulations issued pursu-
ant to this section in hght of any actions taken in response to 
such regulations and to reflect improvements and changes in cable 
systems, television receivers, video cassette recorders, and similar 
technology.". 
SEC. 18. FRANCHISE RENEWAL. 
(a) COMMENCEMENT OF PROCEEDINGS.—Section 626(a) of the 
Commimications Act of 1934 (47 U.S.C. 546(a)) is amended to 
read as follows: 
"SEC. 626. (a)(1) A franchising authority may, on its own ini-
tiative during the 6-month period which begins with the 36th month 
before the franchise expiration, commence a proceeding which 
affords the public in the franchise area appropriate notice and 
participation for the purpose of (A) identifying the future cable-
related community needs and interests, and (B) reviewing the per-
formsuice of the cable operator under the franchise during the 
then current frguichise term. If the cable operator submits, during 
such 6-month period, a written renewal notice requesting the com-
mencement of such a proceeding, the franchising authority shall 
commence such a proceeding not later than 6 months after the 
date such notice is submitted. 
"(2) The cable operator may not invoke the renewal procedures 
set forth in subsections (b) through (g) unless— 
"(A) such a proceeding is requested by the cable operator 
by timely submission of such notice; or 
"(B) such a proceeding is commenced by the franchising 
authority on its own initiative.". 
(b) PROCEEDING ON RENEWAL PROPOSAL.—Section 626(c)(1) of 
the Commimications Act of 1934 (47 U.S.C. 546(c)(1)) is amended— 
(1) by inserting "pursuant to subsection (b)" after "renewal 
of a franchise"; and 
(2) by striking "completion of any proceedings under sub-
section (a)" and inserting the following: "date of the submission 
of the cable operator's proposal pursuant to subsection (b)". 
(c) REVIEW CRITERIA.—Section 626(c)(1)(B) of the Commimica-
tions Act of 1934 (47 U.S.C. 546(c)(1)(B)) is amended by striking 
"mix, quality, or level" and inserting "mix or quality". 
(d) CORRECTION OF FAILURES.—Section 626(d) of the Commu-
nications Act of 1934 (47 U.S.C. 546(d)) is amended— 
106 STAT. 1494 
PUBLIC LAW 102-385—OCT. 5, 1992 
(1) by inserting "that has been submitted in comphance 
with subsection (b)" after "Any denial of a proposal for renew^"; 
and 
(2) by striking "or has effectively acquiesced" and inserting 
"or the cable operator gives written notice of a failure or inabil-
ity to cure and the franchising authority fails to object within 
a reasonable time after receipt of such notice". 
(e) HARMLESS ERROR.— Section 626(e)(2)(A) of the Communica-
tions Act of 1934 (47 U.S.C. 546(e)(2)(A)) is amended by inserting 
after "franchising authority" the following: ", other than harmless 
error,". 
(f) CONFLICT BETWEEN REVOCATION AND RENEWAL PROCEED-
INGS.—Section 626 of the Communications Act of 1934 (47 U.S.C. 
546) is amended by adding at the end the following new subsection: 
"(i) Notwithstanding the provisions of subsections (a) through 
(h), £iny lawful action to revoke a cable operator's franchise for 
cause shall not be negated by the subsequent initiation of renewal 
proceedings by the cable operator imder this section.". 
SEC. 19. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO 
PROGRAMMING DISTRIBUTION. 
Part III of title VI of the Commimications Act of 1934 is 
amended by inserting after section 627 (47 U.S.C. 547) the following 
new section: 
47 use 548. 
'^EC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO 
PROGRAMMING DISTRIBUTION. 
"(a) PURPOSE.—^The purpose of this section is to promote the 
pubUc interest, convenience, and necessity by increasing competition 
and diversity in the multichannel video programming market, to 
increase the availability of satellite cable programming and satellite 
broadcast programming to persons in rural and other areas not 
currently able to receive such programming, and to spur the devel-
opment of communications tecmiologies. 
"(b) PROHIBITION.—It shall be imlawful for a cable operator, 
a satellite cable programming vendor in which a cable operator 
has an attributable interest, or a satellite broadcast programming 
vendor to engage in unfsdr methods of competition or unfair or 
deceptive acts or practices, the purpose or effect of which is to 
hinder significantly or to prevent any multichannel video program-
ming distributor from providing satelUte cable programming or 
satellite broadcast programming to subscribers or consumers. 
"(c) REGULATIONS REQUIRED.— 
"(1) PROCEEDING REQUIRED.—Within 180 dajrs after the 
date of enactment of this section, the Commission shall, in 
order to promote the public interest, convenience, £uid necessity 
by increasing competition and diversity in the multichannel 
video programming market and the continuing development 
of communications technologies, prescribe regulations to specify 
particular conduct that is prohibited by subsection (b). 
"(2) MINIMUM CONTENTS OF REGULATIONS.—The regulations 
to be promulgated under this section shall— 
"(A) establish effective safeguards to prevent a cable 
operator which has an attributable interest in a satellite 
cable programming vendor or a satellite broadcast program-
ming vendor from unduly or improperly influencing the 
decision of such vendor to sell, or the prices, terms, and 
conditions of sale of, satelUte cable programming or satellite 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1495 
broadcast programming to any unaffiliated multichannel 
video programming distributor; 
"(B) prohibit discrimination by a satellite cable pro-
gramming vendor in which a cable operator has an attrib-
utable interest or by a satellite broadcast programming 
vendor in the prices, terms, and conditions of sale or deliv-
ery of satellite cable programming or satellite broadcast 
programming among or between cable systems, cable opera-
tors, or other multichannel video programming distributors, 
or their agents or bujdng groups; except that such a sat-
ellite cable programming vendor in which a cable operator 
has an attributable interest or such a satellite broadcast 
programming vendor shall not be prohibited from— 
"(i) imposing reasonable requirements for credit-
worthiness, offering of service, and financial stability 
and standards regarding character and technical qual-
ity; 
"(ii) establishing different prices, terms, and condi-
tions to take into account actual and reasonable dif-
ferences in the cost of creation, sale, delivery, or trans-
mission of satellite cable programming or satellite 
broadcast programming; 
"(iii) establishing different prices, terms, and condi-
tions which take into account economies of scale, cost 
savings, or other direct and legitimate economic bene-
fits reasonably attributable to the number of subscrib-
ers served by the distributor; or 
"(iv) entering into an exclusive contract that is 
permitted under subparagraph (D); 
"(C) prohibit practices, understandings, arrangements, 
and activities, including exclusive contracts for satellite 
cable programming or satellite broadcast programming 
between a cable operator and a satellite cable programming 
vendor or satellite broadcast programming vendor, that 
prevent a multichannel video programming distributor 
from obtaining such programming from any satellite cable 
programming vendor in which a cable operator has an 
attributable interest or any satellite broadcast program-
ming vendor in which a cable operator has an attributable 
interest for distribution to persons in areas not served 
by a cable operator as of the date of enactment of this 
section; and 
"(D) with respect to distribution to persons in areas 
served by a cable operator, prohibit exclusive contracts 
for satellite cable programming or satellite broadcast pro-
gramming between a cable operator and a satellite cable 
programming vendor in which a cable operator has an 
attributable interest or a satellite broadcast programming 
vendor in which a cable operator has an attributable 
interest, unless the Commission determines (in accordance 
with paragraph (4)) that such contract is in the public 
interest. 
"(3) LIMITATIONS.— 
"(A) GEOGRAPHIC LIMITATIONS.—Nothing in this section 
shall require any person who is engaged in the national 
or regional distribution of video programming to make 
such programming available in any geographic area beyond 
106 STAT. 1496 
PUBLIC LAW 102-385--OCT. 5, 1992 
which such programming has been authorized or licensed 
for distribution. 
"(B) APPLICABILITY TO SATELLITE RETRANSMISSIONS.— 
Nothing in this section shall apply (i) to the signal of 
any broadcast affiliate of a national television network 
or other television signal that is retransmitted by satellite 
but that is not satelHte broadcast programming, or (ii) 
to any internal satellite communication of any broadcast 
network or cable network that is not satellite broadcast 
programming. 
"(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CON-
TRACTS.—In determining whether an exclusive contract is in 
the public interest for purposes of paragraph (2)(D), the Com-
mission shall consider each of the following factors with respect 
to the effect of such contract on the distribution of video pro-
gramming in areas that are served by a cable operator: 
"(A) the effect of such exclusive contract on the develop-
ment of competition in local and national multichannel 
video programming distribution markets; 
"(B) the effect of such exclusive contract on competition 
from multichannel video programming distribution tech-
nologies other than cable; 
"(C) the effect of such exclusive contract on the attrac-
tion of capital investment in the production and distribution 
of new satellite cable programming; 
"(D) the effect of such exclusive contract on diversity 
of programming in the multichannel video programming 
distribution market; and 
"(E) the duration of the exclusive contract. 
"(5) SUNSET PROVISION.—^The prohibition required by para-
graph (2)(D) shall cease to be effective 10 years after the 
date of enactment of this section, xmless the Commission finds, 
in a proceeding conducted during the last year of such 10-
year period, that such prohibition continues to be necessary 
to preserve and protect competition and diversity in the dis-
tribution of video programming. 
"(d) ADJUDICATORY PROCEEDING.—Any multichannel video pro-
gramming distributor aggrieved by conduct that it alleges con-
stitutes a violation of subsection (b), or the regulations of the 
Commission xmder subsection (c), may commence an adjudicatory 
proceeding at the Commission. 
"(e) REMEDIES FOR VIOLATIONS.— 
"(1) REMEDIES AUTHORIZED.—^Upon completion of such adju-
dicatory proceeding, the Commission shall have the power to 
order appropriate remedies, including, if necessary, the power 
to establish prices, terms, and conditions of sale of programming 
to the aggrieved multichannel video programming distributor. 
"(2) ADDITIONAL REMEDIES.—The remedies provided in 
paragraph (1) are in addition to and not in lieu of the remedies 
available under title V or any other provision of this Act. 
Regulations. 
"(f) PROCEDURES.—^The Commission shall prescribe regulations 
to implement this section. TTie Commission's regulations shall— 
"(1) provide for an expedited review of any complaints 
made pursuant to this section; 
"(2) establish procedures for the Commission to collect such 
data, including the right to obtain copies of all contracts £ind 
docximents reflecting arrangements and understandings alleged 
PUBLIC LAW 102-385—CKTT. 5, 1992 
106 STAT. 1497 
to violate this section, as the Commission requires to carry 
out this section; and 
"(3) provide for penalties to be assessed against any person 
filing a frivolous complaint pursuant to this section. 
**(g) REPORTS.—The Commission shall, beginning not later than 
18 months after promulgation of the regulations required by sub-
section (c), annually report to Congress on the status of competition 
in the market for the delivery of video programming. 
"(h) EXEMPTIONS FOR PRIOR Co>fTRACTS.— 
"(1) IN GENERAL.—^Nothing in this section shall affect any 
contract tiiat grants exclusive distribution rights to any person 
with respect to satellite cable programming and that was 
entered into on or before June 1, 1990, except that the provi-
sions of subsection (c)(2)(C) shsdl apply for distribution to per-
sons in areas not served by a cable operator. 
"(2) LIMITATION 
ON RENEWALS.—^A contract that was 
entered into on or before June 1, 1990, but that is renewed 
or extended after the date of enactment of this section shall 
not be exempt imder paragraph (1). 
"(i) DEFINITIONS.—^As used in this section: 
"(1) The term 'satelUte cable programming* has the meaning 
provided under section 705 of this Act, except that such term 
does not include satellite broadcast programming. 
"(2) The term 'satellite cable programming vendor' means 
a person engaged in the production, creation, or wholesale 
distribution for sale of satelUte cable programming, but does 
not include a sateUite broadcast programming vendor. 
"(3) The term 'satellite broadcast programming* means 
broadcast video programming when such programming is 
retransmitted by satellite and the entity retransmitting such 
progr£unming is not the broadcaster or an entity performing 
such retransmission on behalf of and Avith the specific consent 
of the broadcaster. 
"(4) The term 'satelUte broadcast programming vendor' 
mesins a fixed service satellite carrier that provides service 
pursuant to section 119 of title 17, United States Code, with 
respect to satelUte broadcast programming.". 
SEC. 20. CUSTOMER PRIVACY RIGHTS. 
(a) DEFINITIONS.—Section 631(a)(2) of the Communications Act 
of 1934 (47 U.S.C. 551(a)(2)) is amended to read as foUows: 
"(2) For purposes of this section, other than subsection (h)— 
"(A) the term 'personaUy identifiable information' does not 
include any record of aggregate data which does not identify 
particular persons; 
*
*
(
B
) the term 'other service' includes any wire or radio 
communications service provided using any of the faciUties 
of a cable operator that are used in the provision of cable 
service; and 
"(C) the term 'cable operator* includes, in addition to per-
sons within the definition of cable operator in section 602, 
any person who (i) is owned or controUed by, or under common 
ownership or control with, a cable operator, and (ii) provides 
any wire or radio communications service.". 
(b) ADDITIONAL ACTIONS REQUIRED.—Section 631(cXl) of the 
Communications Act of 1934 (47 U.S.C. 551(cXl)) is amended by 
inserting immediately before tiie period at the end the following: 
106 STAT. 1498 
PUBLIC LAW 102-385—OCT. 5, 1992 
Minorities. 
Women. 
47 u s e 554 note. 
"and shall take such actions as are necessary to prevent unauthor-
ized access to such information by a person other tiian the sub-
scriber or cable operator". 
SEC. 21. THEFT OF CABLE SERVICE. 
Section 633(b) of the Communications Act of 1934 (47 U.S.C. 
47 use 553. 
533(b)) is amended— 
(1) in paragraph (2)— 
(A) by striking "$25,000" and inserting "$50,000"; 
(B) by striking "1 year" and inserting 2 years"; 
(C) by striking "$50,000" and inserting "$100,000"; and 
(D) by striking "2 years" and inserting "5 years"; and 
(2) by adding at me end thereof the following new para-
graph: 
"(3) For purposes of all penalties and remedies established 
for violations of subsection (a)(1), the prohibited activity established 
herein as it applies to each such device shall be deemed a separate 
violation.". 
SEC. 22. EQUAL EMPLOYMENT OPPORTUNITY. 
(a) FINDINGS.—^The Congress finds and declares that— 
(1) despite the existence of regulations governing equal 
emplo5nnent opportxinity, females and minorities are not 
emplo3red in significant numbers in positions of management 
authority in the cable and broadcast television industries; 
(2) increased numbers of females and minorities in posi-
tions of management authority in the cable and broadcast tele-
vision industries advances the Nation's poHcy favoring diversity 
in the expression of views in the electronic media; and 
(3) rigorous enforcement of equal employment opportimity 
rules and regulations is required in order to effectively deter 
racial and gender discrimination. 
(b) STANDARDS.—Section 634(d)(1) of the Communications Act 
of 1934 (47 U.S.C. 554(d)(1)) is amended to read as follows: 
Regulations. 
"(d)(1) Not later than 270 days after the date of enactment 
of the Cable Television Consumer Protection and Competition Act 
of 1992, and after notice and opportunity for hearing, the Commis-
sion shall prescribe revisions in the rules under this section in 
order to implement the amendments made to this section by such 
Act. Such revisions shall be designed to promote equality of employ-
ment opportunities for females and minorities in each of the job 
categories itemized in paragraph (3).". 
(c) 
CONTENTS OF ANNUAL STATISTICAL REPORTS.—Section 
634(d)(3) of the Communications Act of 1934 (47 U.S.C. 554(d)(3)) 
is amended to read as follows: 
"(3)(A) Such rules also shall reqiiire 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, 
sex, and job title the number of employees in each of the following 
full-time and pgirt-time job categories: 
"(i) Corporate officers. 
"(ii) Greneral Manager. 
"(iii) Chief Technician. 
"(iv) Comptroller. 
"(v) General Seiles Msinager. 
"(vi) Production Manager. 
"(vii) Managers. 
"(viii) Professionals. 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1499 
"(ix) Technicians. 
"(x) Sales Personnel. 
"(xi) Office and Clerical Personnel. 
"(xii) Skilled Craftspersons. 
"(xiii) Semiskilled Operatives. 
**(xiv) Unskilled Laborers. 
"(xv) Service Workers. 
"(B) The report required by subparagraph (A) shall be made 
on separate forms, provided by the Commission, for ftdl-time and 
part-time employees. The Commission's rules shall sufficiently 
define the job categories listed in clauses (i) through (vi) of such 
subparagraph so as to ensure that only employees who are principal 
decisionmakers and who have supervisory authority are reported 
for such categories. The Commission shall adopt rules that define 
the job categories listed in clauses (vii) through (xv) in a manner 
that is consistent with the Commission policies in effect on Jime 
1, 1990. The Commission shall prescribe the method by which 
entities shall be required to compute £ind report the number of 
minorities and women in the job categories listed in clauses (i) 
through (x) and the number of minorities euid women in the job 
categories listed in clauses (i) through (xv) in proportion to the 
total number of qualified minorities and women in the relevant 
labor market. The report shall include information on hiring, pro-
motion, and recruitment practices necessary for the Commission 
to evaluate the efforts of entities to comply with the provisions 
of paragraph (2) of this subsection. The report shall be available 
for public inspection at the entit^s central location and at every 
location where 5 or more full-time employees are regularly assigned 
to work. Nothing in this subsection shall be construed as prohibiting 
the Commission from collecting or continuing to collect statisticsd 
or other emplo3nnent information in a manner that it deems appro-
priate to carry out this section.". 
(d) PENALTIES.—Section 634(f)(2) of such Act (47 U.S.C. 
554(f)(2)) is amended by striking "$200" and mserting "$500". 
(e) APPLICATION OF REQUIREMENTS.—Section 634(h)(1) of such 
Act (47 U.S.C. 554(h)(1)) is sunended by inserting before the period 
the following: "and any multichsmnel video programming distribu-
tor". 
(f) BROADCASTING EQUAL EMPLOYMENT OPPORTUNITY.—Part I 
of title III of the Communications Act of 1934 is amended by 
inserting sifter section 333 (47 U.S.C. 333) the following new section: 
"SEC. 334. LIMITATION ON REVISION OF EQUAL EMPLOYMENT OPPOR- 47 USC 334. 
TUNTTY REGULATIONS. 
"(a) LIMITATION.—Except as specifically provided in this section, 
the Commission shall not revise— 
"(1) the regulations concerning equal emplojnnent oppor-
timity as in effect on September 1, 1992 (47 C.F.R. 73.2080) 
as such regulations apply to television broadcast station licens-
ees and permittees; or 
"(2) the forms used by such licensees and permittees to 
report pertinent emplo3maent data to the Commission. 
"(b) MIDTERM REVIEW.—^The Commission shall revise the regu-
lations described in subsection (a) to require a midterm review 
of television broadcast station licensees' emplo3nnent practices and 
to require the Commission to inform such licensees of necessary 
106 STAT. 1500 
PUBLIC LAW 102-385—OCT. 5, 1992 
improvements in recruitment practices identified as a consequence 
of such review. 
*'(c) AUTHORITY TO MAKE TECHNICAL REVISIONS.—The Commis-
sion may revise the regulations described in subsection (a) to make 
nonsubstsuitive technical or clerical revisions in such regulations 
as necessary to reflect changes in technology, terminology, or Com-
mission organization.". 
47 use 544 note. 
(g) STUDY AND REPORT REQUIRED.—Not later than 2 years 
after the date of enactment of this Act, the Commission shall 
submit to the Congress a report pursuant to a proceeding to review 
and obtain public comment on the effect and operation of the 
amendments made by this section. In conducting such review, the 
Commission shall consider the effectiveness of its procedures, regu-
lations, policies, standards, and guidelines in promoting equality 
of emplo5maent opportmiity and promotion opportunity, and particu-
larly the effectiveness of its procedures, regulations, policies, stand-
ards, and guidelines in promoting the congressional policy favoring 
increased employment opportunity for women and minorities in 
positions of management authority. The Commission shall forward 
to the Congress such legislative recommendations to improve equal 
employment opportimity in the broadcasting and cable industries 
as it deems necesssiry. 
SEC. 23. JUDICIAL REVIEW. 
Section 635 of the Commimications Act of 1934 (47 U.S.C. 
555) is amended by adding at the end the following new subsection: 
"(c)(1) Notwithstanding any other provision of law, any civil 
action challenging the constitutionaJity of section 614 or 615 of 
this Act or any provision thereof shall be heard by a district comt 
of three judges convened pursuant to the provisions of section 
2284 of title 28, United States Code. 
"(2) Notwithstanding any other provision of law, £in interlocu-
tory or final judgment, decree, or order of the court of three judges 
in an action under paragraph (1) holding section 614 or 615 of 
this Act 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 thsm 20 days 
after entry of such judgment, decree, or order.". 
SEC. 24. LIMITATION ON FRANCHISING AUTHORITY LIABILITY. 
(a) AMENDMENT.—Part IV of title VI of the Communications 
Act of 1934 is amended by inserting after section 635 (47 U.S.C. 
555) the following new section: 
47 use 555a. 
"SEC. 635A. UMirATION OF FRANCHISING AUTHORITY LIABILITY. 
"(a) SUITS FOR DAMAGES PROHIBITED.—In any court proceeding 
pending on or initiated ^ e r the date of enactment of this section 
involving any claim against a franchising authority or other govern-
mental 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, renew^, transfer, or amendment of a franchise, any reUef, 
to the extent such reUef is required by any other provision of 
Federal, State, or locsd law, shedl be limited to injimctive relief 
and declaratory relief. 
"(b) EXCEPTION FOR COMPLETED CASES.—The Hmitation con-
tained in subsection (a) shall not apply to actions that, prior to 
such violation, have been determined by a final order of a court 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1501 
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 sec-
tion shall be construed as limiting the relief authorized with respect 
to any clsdm 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 hability 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.". 
(b) CONFORMING AMENDMENT.—Section 635(b) of the Commu-
nications Act of 1934 (47 U.S.C. 555(b)) is amended by inserting 
"and with the provisions of subsection (a)" after "subsection (a) . 
SEC. 25. DIRECT BROADCAST SATELLITE SERVICE OBUGATIONS. 
(a) AMENDMENT.—Part I of title III of the Communications 
Act of 1934 is further amended by inserting after section 334 
(as added by section 22(f) of this Act) the following new section: 
«SEC. 335. DIRECT BROADCAST SATELLITE SERVICE OBLIGATIONS. 
47 USC 335. 
"(a) 
PROCEEDING REQUIRED TO REVIEW DBS 
RESPONSIBIL-
ITIES.—^The Commission shall, within 180 days after the date of 
enactment of this section, initiate a rulemaking proceeding to 
impose, on providers of direct broadcast satellite service, pubUc 
interest or other requirements for providing video programming. 
Any regulations prescribed pursuant to such rulemaking shall, at 
a minimum, apply the access to broadcast time requirement of 
section 312(a)(7) and the use of facilities requirements of section 
315 to providers of direct broadcast satellite service providing video 
programming. Such proceeding also shall examine the opportimities 
that the establishment of direct broadcast satellite service provides 
for the principle of localism imder this Act, and the methods by 
which such principle may be served through technological and other 
developments in, or regulation of, such service. 
"(b) 
CARRIAGE 
OBLIGATIONS 
FOR NONCOMMERCIAL, 
EDU-
CATIONAL, AND INFORMATIONAL PROGRAMMING.— 
"(1) CHANNEL CAPACITY REQUIRED.—The Commission shall 
require, as a condition of any provision, initial authorization, 
or authorization renewal for a provider of direct broadcast 
satellite service providing video programming, that the provider 
of such service reserve a portion of its channel capacity, equal 
to not less th£in 4 percent nor more than 7 percent, exclusively 
for noncommercial programming of an educational or informa-
tional nature. 
"(2) USE OF UNUSED CHAJJNEL CAPACITY.—A provider of 
such service may utilize for any purpose any unused channel 
capacity required to be reserved under this subsection pending 
the actual use of such channel capacity for noncommerci^ 
programming of an educational or informational nature. 
"(3) PRICES, TERMS, AND CONDITIONS; EDITORIAL CONTROL.— 
A provider of direct broadcast satellite service shall meet the 
requirements of this subsection by making chemnel capacity 
available to national educational programming suppliers, upon 
reasonable prices, terms, and conditions, as determined by the 
106 STAT. 1502 
PUBLIC LAW 102-385—OCT. 5, 1992 
Commission under paragraph (4). The provider of direct broad-
cast satellite service shall not exercise any editorial control 
over any video programming provided pursuant to this sub-
section. 
"(4) LIMITATIONS.—In determining reasonable prices imder 
paragraph (3)— 
"(A) the Commission shall take into account the non-
profit character of the programming provider and any Fed-
eral fimds used to support such programming; 
"(B) the Commission shall not permit such prices to 
exceed, for any channel made available under this sub-
section, 50 percent of the total direct costs of making such 
channel available; and 
"(C) in the calcvdation of total direct costs, the Commis-
sion shall exclude— 
"(i) marketing costs, general administrative costs, 
and similar overhead costs of the provider of direct 
broadcast satellite service; and 
"(ii) the revenue that such provider might have 
obtained by making such channel available to a com-
mercial provider of video programming. 
"(5) DEFINITIONS.—For purposes of this subsection— 
"(A) The term 'provider of direct broadcast satellite 
service' means— 
"(i) a licensee for a Ku-band satellite system under 
part 100 of title 47 of the Code of Federal Regulations; 
or 
"(ii) any distributor who controls a minimum num-
ber of channels (as specified by Commission regulation) 
using a Ku-band fixed service satelUte system for the 
provision of video programming directly to the home 
and licensed under part 25 of title 47 of the Code 
of Federal Regulations. 
"(B) The term 'national educational programming sup-
plier' includes any qualified noncommercial educational tel-
evision station, other public telecommunications entities, 
and public or private educational institutions.", 
(b) TECHNICAL AMENDMENT.—Section 331 of such Act as added 
by Public Law 97-259 (47 U.S.C. 332) is redesignated as section 
332. 
47 use 521 note. SEC. 26. SPORTS PROGRAMMING MIGRATION STUDY AND REPORT. 
(a) STUDY REQUIRED.—^The Federal Commxinications Commis-
sion shall conduct an ongoing study on the carriage of local, regional, 
and national sports progrsimming by broadcast stations, cable pro-
gramming networks, and pay-per-view services. The study shall 
investigate and analyze, on a sport-by-sport basis, trends in the 
migration of such programming from carriage by broadcast stations 
to carriage over cable programming networks and pay-per-view 
systems, including the economic causes and the economic and social 
consequences of such trends. 
(b) REPORT ON STUDY.—The Federal Communications Commis-
sion shall, on or before July 1, 1993, and July 1, 1994, submit 
an interim and a finsil report, respectively, on the results of the 
study required by subsection (a) to the Committee on Energy and 
Commerce of the House of Representatives and the Committee 
on Commerce, Science, £ind Transportation of the Senate. Such 
PUBLIC LAW 102-385—OCT. 5, 1992 
106 STAT. 1503 
reports shall include a statement of the results, on a sport-by-
sport basis, of the analysis of the trends required by subsection 
(a) and such legislative or regulatory recommendations as the Com-
mission considers appropriate. 
(c) ANfALYSis OF PRECLUSIVE CONTRACTS REQUIRED.— 
(1) ANALYSIS REQUIRED.—In conducting the study required 
by subsection (a), the Commission shall analyze the extent 
to which preclusive contracts between college athletic con-
ferences and video programming vendors have artificially and 
unfairly restricted the supply of the sporting events of local 
colleges for broadcast on local television stations. In conducting 
such analysis, the Commission shall consult with the Attorney 
General to determine whether and to what extent such pre-
clusive contracts are prohibited by existing statutes. The reports 
required by subsection (b) shall include separate statements 
of the results of the analysis required by this subsection, 
together with such recommendations for legislation as the Com-
mission considers necessary and appropriate. 
(2) DEFINITION.—For purposes of the subsection, the term 
"preclusive contract" includes any contract that prohibits— 
(A) the live broadcast by a local television station of 
a sporting event of a local college team that is not carried, 
on a live basis, by any cable system within the local commu-
nity served by such local television station; or 
(B) the delayed broadcast by a local television station 
of a sporting event of a local college team that is not 
carried, on a live or delayed basis, by any cable system 
within the local community served by such local television 
station. 
SEC. 27. APPLICABILITY OF ANTITRUST LAWS. 
47 USC 521 note. 
Nothing in this Act or the amendments made by this Act 
shall be construed to alter or restrict in any manner the applicability 
of any Federal or State antitrust law. 
SEC. 28. EFFECTIVE DATE. 
47 USC 325 note. 
Except where otherwise expressly provided, the provisions of 
this Act and the amendments made thereby shall take effect 60 
days after the date of enactment of this Act. 
THOMAS S. FOLEY 
Speaker of the House of Representatives. 
ROBERT C. BYRD 
President of the Senate pro tempore. 
IN THE SENATE OF THE UNITED STATES, 
October 5 (legislative day, September 30), 1992. 
The Senate having proceeded to reconsider the bill (S. 12) entitled "An Act to £imend 
the Communications Act of 1934 to provide increased consumer protection and to 
promote increased competition in the cable television and related markets, and for 
other purposes", returned by the President of the United States with his objections, to 
the Senate, in which it originated, it was 
Resolved, That the said bill pass, two-thirds of the Senators present having voted in 
the affirmative. 
WALTER J. STEWART 
Secretary. 
106 STAT. 1504 
PUBLIC LAW 102-385—OCT. 5, 1992 
I certify that this Act originated in the Senate. 
WALTER J. STEWART 
Secretary. 
IN THE HOUSE OF REPRESENTATIVES, U.S., 
October 5, 1992. 
The House of Representatives having proceeded to reconsider the bill (S. 12) entitled 
"An Act to amend the Communications Act of 1934 to provide increased consumer 
protection and to promote increased competition in the cable television and related 
markets, and for other purposes", returned by the President of the United States with 
his objections, to the Senate, in which it originated, it was 
Resolved, That the said bill pass, two-thirds of the House of Representatives 
agreeing to pass the same. 
DoNNALD K. ANDERSON 
Clerk. 
LEGISLATIVE HISTORY—S. 12 (H.R. 4850): 
HOUSE REPORTS: Nos. 102-628 accompanying H.R. 4850 (Comm. on Energy and 
Commerce) and 102-862 (Comm. of Conference). 
SENATE REPORTS: No. 102-92 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Jan. 27, 29-31, considered and passed Senate. 
July 23, H.R. 4850 considered and passed House; S. 12, amended, passed in lieu. 
Sept. 17, House agreed to conference report. 
Sept. 21, 22, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 3, Veto message. 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, Senate and House overrode veto.