Cable Communications Policy Act of 1984

Summary

Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to set forth provisions governing cable telecommunications. Grants the Federal Communications Commission (FCC) jurisdiction over broadband telecommunications in accordance with this Act and other applicable laws. Grants State and local governments the authority to award cable franchises within their jurisdictions in accordance with this Act. Prohibits any Federal agency, State or local government, or franchising authority from prohibiting any person from owning cable systems by reason of that person's ownership of other media interests. Specifies exceptions to such prohibition to: (1) allow enforcement of Federal antitrust laws; and (2) prohibit any State or local government from acquiring an ownership interest in any cable system at less than fair market value. Prohibits any such government that does acquire a cable system from owning or controlling the programming, except as specified in this Act. Authorizes the FCC to conduct inquiries and submit information to the U.S. Trade Representative concerning the access U.S. cable enterprises have to markets in countries of foreign persons who seek access to U.S. cable markets. Requires cable systems with 20 or more television broadcast channels to set aside ten percent of such channels for use by public, educational, or governmental channel programmers. Requires the channels to be set aside until the FCC determines that there are reasonably available alternatives for providing such programming service in a particular geographic area or market. Sets forth the criteria for determining whether there are reasonably available alternatives in the relevant area or market. Authorizes the franchisor to establish rules for the use of the channels set aside. Authorizes the cable system operator to combine public, educational, governmental, and other programming on one or more channels until there is a demand for each channel full time for its designated use. Declares that it is not necessary to modify a cable franchise agreement which was made before January 26, 1983, and which sets aside more than ten percent of its channels for public, educational, or governmental channel programming. Authorizes each State or local government, agency, or franchising authority to fix the rates charged for basic cable service and for public, educational, or governmental service. Terminates such rate-fixing authority for basic service when the FCC determines, according to specified criteria, that there are reasonably available alternatives to basic service programing in the relevant area or market. Prohibits Federal, State, or local regulation of the provision of or nature of: (1) cable services offered over a cable system; and (2) telecommunications facilities or services, other than telephone service, offered by or over a cable system. Directs the FCC to establish a reasonable ceiling for the franchise fees charged by a State or local government, agency, or franchising authority. Requires the ceilings to permit only the recovery of the cost of regulating the cable system. Authorizes the FCC to waive the ceiling if the reasonable cost of regulation exceeds the ceiling and the waiver will not interfere with Federal policies. Requires franchisors to permit renewal or extension of a cable system operator's franchise if: (1) the operator has substantially complied with the material terms of such franchise; (2) the operator's qualifications have not materially changed; and (3) the services and facilities provided by the operator meet the community needs. Prohibits unauthorized interception or reception of broadband telecommunications. Prohibits any cable operator, channel programmer, or originator of broadband telecommunications from using the cable system to collect personnally identifiable information on a cable subscriber without the written consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator, channel programmer, or originator of broadband telecommunications. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for programs required to be carried on any other channel. Grants the Government exclusive jurisdiction over broadband telecommunications regarding matters covered by this Act. Directs the FCC to encourage the introduction of new and additional services by new applicants, existing licensees, or other persons. Creates a presumption that new services are in the public interest if the FCC finds that such services are technically feasible without causing significant technical degradation to or interference with radio transmissions by other licensees. Sets forth the manner of filing petitions or applications for providing new services.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 31 October 1984

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• Senate agreed to House amendment with amendment

  summary · EN · 11 October 1984

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• Passed House amended

  summary · EN · 1 October 1984

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• Passed Senate amended

  summary · EN · 14 June 1983

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• Reported to Senate with amendment(s)

  summary · EN · 27 April 1983

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• Introduced in Senate

  summary · EN · 26 January 1983

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