Cable Subscriber Protection and Broadcast Retransmission Act of 1990

Summary

Cable Subscriber Protection and Broadcast Retransmission Act of 1990 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or local franchising authority from regulating the rates for the provision of cable service or for the installation or rental of equipment necessary for the receipt of cable service. Gives such power solely to the Federal Communications Commission (FCC). Requires the FCC to prescribe procedures, standards, requirements, and guidelines for carrying out its authority to review and determine the reasonableness of rates. Requires the FCC, upon written request from a local franchising authority or State, to review the State and local laws and regulations governing the regulation of rates of the local cable system. Authorizes the FCC to allow the local franchising authority to carry out such regulation in lieu of the FCC in certain circumstances. Presumes a cable system to be subject to effective competition if: (1) fewer than 30 percent of the households in the cable community served by such system subscribe to its service; or (2) the cable community is served by more than one multichannel video programming distributor (MVPD). Allows a cable system to decide whether to retransmit the signals or programming of local commercial broadcast stations as part of its offering to cable subscribers. Requires any cable system that decides to retransmit such local broadcast signal to: (1) file a notice of such intention with the FCC; and (2) deposit with the FCC a statement of account concerning the local broadcast signals retransmitted (as well as other information), and a fee determined by the FCC to fairly reflect the value that such retransmission contributes to the cable system's gross revenues. Requires the FCC to receive such fees, deduct FCC administrative expenses, and deposit the balance in the Treasury. Directs the FCC to: (1) divide the funds deposited into the Treasury into market fee pools; (2) allocate 20 percent of each pool to the copyright owners of the local broadcast stations whose signals were retransmitted by cable systems in the market during the relevant annual period; and (3) allocate 80 percent of each pool to the broadcast networks and stations whose signals were retransmitted by cable systems during the relevant annual period. Splits such 80 percent allocation between public television stations, commercial stations, broadcast networks, independent stations, and affiliated stations. Allows broadcast networks or local broadcast stations to agree as to the proportionate division of retransmission fees among them. Authorizes the FCC to rely on audience data in allocating retransmission fees. Prohibits a cable system from retransmitting the signals or programming of local commercial broadcast signals unless it does so in accordance with this Act. Requires a cable system to retransmit a specified minimum number of signals of all local broadcast stations, such minimum number increasing with the number of usable activated channels offered by the cable system (ranging from three for a system with 12 or fewer activated channels to 41 for a system with more than 121 activated channels). Allows a cable system to select which signals shall be retransmitted, as long as the minimum retransmission requirements are met. Requires signals of retransmitted stations to be carried on the same channels as they appear on regular programming or on a channel mutually agreed upon by the broadcaster and the cable system. Outlines retransmission requirements concerning: (1) signal integrity (requiring the retransmission of the video and audio transmission of a selected local broadcast station in its entirety as well as unaltered); (2) signal quality; (3) signal duplication; (4) signal reception; (5) input selector switches; (6) signal identification; and (7) signal deletion or repositioning (requiring notice from the cable system to the local broadcast station being retransmitted of any intention to delete or reposition the signal of the local broadcast station). Prohibits a cable system from accepting monetary payments or other valuable consideration (except certain administrative costs) in exchange for the retransmission of a local broadcast station in fulfillment of the requirements of this Act. Outlines a complaint procedure to be followed whenever a local broadcast station believes that a cable system has failed to comply with retransmission requirements, including filing of a complaint with the FCC, an opportunity to be heard, and a timely determination of such complaint by the FCC. Provides that nothing in this Act shall modify or otherwise change the terms of the cable compulsory licensing system as currently outlined under Federal law. Outlines remedies and penalties, including injunctive relief, for violations of requirements of this Act.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 28 March 1990

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