Cable Competition Act of 1992

Summary

Cable Competition Act of 1992 - Amends the Communications Act of 1934 to prohibit a video programmer which engages in national or regional distribution of satellite cable programming from: (1) unreasonably refusing to deal with any multichannel video programming distributor (MVPD) for such programming; or (2) discriminating in the price, terms, and conditions in the sale or delivery of such programming among or between cable systems, operators or their agents, or other MVPDs. Excepts from such prohibition: (1) imposing reasonable requirements for creditworthiness, offering of service, and financial stability; (2) establishing different price, terms, and conditions which take into account cost differentials in the creation, sale, delivery, or transmission of video programming; and (3) establishing different prices, terms, and conditions which take into account reasonable volume discounts based on the number of subscribers served by the distributor. Requires a video programmer which charges one distributor a higher price than another distributor to demonstrate by clear and convincing evidence that the difference is attributable to additional costs paid by the video programmer to make the programming available to such distributor. Prohibits a fixed service satellite carrier (FSSC) that provides secondary transmissions of superstations and network stations for private home viewing from: (1) unreasonably refusing to deal with any distributor of video programming in the provision of such services to home satellite earth stations qualified to receive such service; or (2) discriminating in the price, terms, and conditions of the sale of such service among distributors to home satellite earth stations qualified to receive such signals, or between such distributors and other MVPDs. Excepts from such prohibition: (1) imposing reasonable requirements for creditworthiness, offering of service, and financial stability; (2) establishing different prices, terms, and conditions which take into account cost differentials in the creation, sale, delivery, or transmission of video programming; and (3) establishing different prices, terms, and conditions which take into account reasonable volume discounts based on the number of subscribers served by the distributor. Requires a FSSC which charges one distributor a higher price than another distributor to demonstrate by clear and convincing evidence that the difference is attributable to additional costs paid by the FSSC to make the programming available to such distributor. Allows any MVPD alleging a violation of such prohibitions by either a video programmer or a FSSC to commence an adjudicatory proceeding with the Federal Communications Commission (FCC). Empowers the FCC to order any appropriate remedies, including the power to establish prices, terms, and conditions of the sale of programming to the aggrieved MVPD. Requires the FCC to: (1) prescribe regulations to implement such prohibitions and remedy procedures; (2) report annually to the Congress on the status of competition in the market for the delivery of video programming; and (3) establish regulations governing program carriage agreements and related practices between cable operators and video programmers.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 20 March 1992

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