
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC531]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
     Part II--Use of Cable Channels and Cable Ownership Restrictions
 
Sec. 531. Cable channels for public, educational, or 
        governmental use
        

(a) Authority to establish requirements with respect to designation or 
        use of channel capacity

    A franchising authority may establish requirements in a franchise 
with respect to the designation or use of channel capacity for public, 
educational, or governmental use only to the extent provided in this 
section.

(b) Authority to require designation for public, educational, or 
        governmental use

    A franchising authority may in its request for proposals require as 
part of a franchise, and may require as part of a cable operator's 
proposal for a franchise renewal, subject to section 546 of this title, 
that channel capacity be designated for public, educational, or 
governmental use, and channel capacity on institutional networks be 
designated for educational or governmental use, and may require rules 
and procedures for the use of the channel capacity designated pursuant 
to this section.

(c) Enforcement authority

    A franchising authority may enforce any requirement in any franchise 
regarding the providing or use of such channel capacity. Such 
enforcement authority includes the authority to enforce any provisions 
of the franchise for services, facilities, or equipment proposed by the 
cable operator which relate to public, educational, or governmental use 
of channel capacity, whether or not required by the franchising 
authority pursuant to subsection (b) of this section.

(d) Promulgation of rules and procedures

    In the case of any franchise under which channel capacity is 
designated under subsection (b) of this section, the franchising 
authority shall prescribe--
        (1) rules and procedures under which the cable operator is 
    permitted to use such channel capacity for the provision of other 
    services if such channel capacity is not being used for the purposes 
    designated, and
        (2) rules and procedures under which such permitted use shall 
    cease.

(e) Editorial control by cable operator

    Subject to section 544(d) of this title, a cable operator shall not 
exercise any editorial control over any public, educational, or 
governmental use of channel capacity provided pursuant to this section, 
except a cable operator may refuse to transmit any public access program 
or portion of a public access program which contains obscenity, 
indecency, or nudity.

(f) ``Institutional network'' defined

    For purposes of this section, the term ``institutional network'' 
means a communication network which is constructed or operated by the 
cable operator and which is generally available only to subscribers who 
are not residential subscribers.

(June 19, 1934, ch. 652, title VI, Sec. 611, as added Pub. L. 98-549, 
Sec. 2, Oct. 30, 1984, 98 Stat. 2782; Pub. L. 104-104, title V, 
Sec. 506(a), Feb. 8, 1996, 110 Stat. 136.)


                               Amendments

    1996--Subsec. (e). Pub. L. 104-104 inserted before period at end ``, 
except a cable operator may refuse to transmit any public access program 
or portion of a public access program which contains obscenity, 
indecency, or nudity''.


                             Effective Date

    Section effective 60 days after Oct. 30, 1984, except where 
otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set 
out as a note under section 521 of this title.


                               Regulations

    Pub. L. 102-385, Sec. 10(c), Oct. 5, 1992, 106 Stat. 1486, provided 
that: ``Within 180 days following the date of the enactment of this Act 
[Oct. 5, 1992], the Federal Communications 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 public, educational, or governmental access facility for 
any programming which contains obscene material, sexually explicit 
conduct, or material soliciting or promoting unlawful conduct.''

                  Section Referred to in Other Sections

    This section is referred to in sections 532, 534, 535, 541, 573 of 
this title.
