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United States · Law · S

S. 12 (102nd)

Cable Television Consumer Protection and Competition Act of 1992

enactedUnited States· United States Congress· EN

Introduced

14 January 1991

Last action

—

Status

Became Public Law No: 102-385.

Sponsors

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Subjects

Discovery layer

Source updated

14 January 2025

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Summary

Cable Television Consumer Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act. Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system provides for basic cable service (or charges for changes in service tiers), including the installation or rental of equipment used for the receipt of such basic service, are reasonable. Specifies that: (1) if fewer than 30 percent of all customers of such cable system subscribe only to basic cable service, the FCC shall also ensure that rates are reasonable for the lowest-priced tier of service subscribed to by at least 30 percent of the cable system's customers; and (2) no competing multichannel video programming distributor (MVPD) serving households in a cable community which is owned or controlled by, or affiliated through substantial common ownership with, the cable system in such cable community, shall be included in any determination regarding effective competition under this Act. Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review regulation of cable system rates established by a franchising authority authorized by the FCC. Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days. Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are unreasonable; and (2) criteria for determining that a complaint objecting to such rates and establishing that such rates are unreasonable has been properly filed. Outlines factors for making such determinations. Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national or regional distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Specifies that, for purposes of this Act, any video programmer who licenses video programming for distribution to more than one cable community shall be considered a regional distributor of video programming. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system. Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users. Directs the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programmers which: (1) include provisions designed to prevent a cable operator or other MVPD from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems, to prohibit such operator or MVPD from coercing a video programmer to provide exclusive rights against other MVPDs as a condition of carriage on a system, and to prevent a MVPD from engaging in conduct which unreasonably restrains the ability of an unaffiliated video programmer to compete fairly by discriminating in video programming distribution on the basis of the affiliation or nonaffiliation in the selection, terms, or conditions for carriage of video programmers; (2) provide for expedited review of complaints made by a video programmer pursuant to this Act; and (3) provide penalties to be assessed for filing frivolous complaints under this Act. States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming. Authorizes the FCC to: (1) determine the maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use. Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest. Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case. Authorizes a franchising authority to establish customer service requirements that exceed standards set by the FCC under this Act, subject to specified limitations. Directs the FCC to: (1) establish customer service standards that ensure that all customers are fairly served; and (2) regularly review such standards and make such modifications as necessary. Authorizes a franchising authority to enforce the standards established by the FCC. States that any lawful action to revoke a cable operator's franchise for cause shall not be negated by the initiation of renewal proceedings by the cable operator. Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible. Provides that, in any court proceeding asserting a violation of First Amendment rights by a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions. Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so. Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local commercial broadcast stations in accordance with this Act. Requires each participating operator with more than 12 usable activated channels to carry the number of signals of qualified local commercial broadcast stations that is equal to one-third of the aggregate number of usable activated channels of the system. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires an operator of a cable system with: (1) 12 or fewer usable activated channels to carry the signal of only one qualified local noncommercial educational television station; and (2) 13 to 36 usable activated channels to carry the signal of at least one to three such stations. Specifies that, notwithstanding such provisions, all operators shall continue to provide carriage to all qualified local noncommercial educational television stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced service offered by the participating operator that includes the retransmission of local television broadcast signals. Prohibits a participating operator from accepting money or other consideration for the carriage of the signal of any qualified local noncommercial educational television station carried in fulfillment of the requirements of this Act, except that such station may be required to bear the cost associated with delivering a good quality signal to the principal headend of the cable system. Authorizes a qualified local noncommercial educational television station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints. Provides that any civil action challenging the constitutionality of this Act shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding. Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber.

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