
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC544]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
                  Part III--Franchising and Regulation
 
Sec. 544. Regulation of services, facilities, and equipment


(a) Regulation by franchising authority

    Any franchising authority may not regulate the services, facilities, 
and equipment provided by a cable operator except to the extent 
consistent with this subchapter.

(b) Requests for proposals; establishment and enforcement of 
        requirements

    In the case of any franchise granted after the effective date of 
this subchapter, the franchising authority, to the extent related to the 
establishment or operation of a cable system--
        (1) in its request for proposals for a franchise (including 
    requests for renewal proposals, subject to section 546 of this 
    title), may establish requirements for facilities and equipment, but 
    may not, except as provided in subsection (h) of this section, 
    establish requirements for video programming or other information 
    services; and
        (2) subject to section 545 of this title, may enforce any 
    requirements contained within the franchise--
            (A) for facilities and equipment; and
            (B) for broad categories of video programming or other 
        services.

(c) Enforcement authority respecting franchises effective under prior 
        law

    In the case of any franchise in effect on the effective date of this 
subchapter, the franchising authority may, subject to section 545 of 
this title, enforce requirements contained within the franchise for the 
provision of services, facilities, and equipment, whether or not related 
to the establishment or operation of a cable system.

(d) Cable service unprotected by Constitution; blockage of premium 
        channel upon request

    (1) Nothing in this subchapter shall be construed as prohibiting a 
franchising authority and a cable operator from specifying, in a 
franchise or renewal thereof, that certain cable services shall not be 
provided or shall be provided subject to conditions, if such cable 
services are obscene or are otherwise unprotected by the Constitution of 
the United States.
    (2) In order to restrict the viewing of of of \1\ programming which 
is obscene or indecent, upon the request of a subscriber, a cable 
operator shall provide (by sale or lease) a device by which the 
subscriber can prohibit viewing of a particular cable service during 
periods selected by that subscriber.
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    \1\ So in original.
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    (3)(A) If a cable operator provides a premium channel without charge 
to cable subscribers who do not subscribe to such premium channel, the 
cable operator shall, not later than 30 days before such premium channel 
is provided without charge--
        (i) notify all cable subscribers that the cable operator plans 
    to provide a premium channel without charge;
        (ii) notify all cable subscribers when the cable operator plans 
    to offer a premium channel without charge;
        (iii) notify all cable subscribers that they have a right to 
    request that the channel carrying the premium channel be blocked; 
    and
        (iv) block the channel carrying the premium channel upon the 
    request of a subscriber.

    (B) For the purpose of this section, the term ``premium channel'' 
shall mean any pay service offered on a per channel or per program 
basis, which offers movies rated by the Motion Picture Association of 
America as X, NC-17, or R.

(e) Technical standards

    Within one year after October 5, 1992, the Commission shall 
prescribe regulations which establish minimum technical standards 
relating to cable systems' technical operation and signal quality. The 
Commission shall update such standards periodically to reflect 
improvements in technology. No State or franchising authority may 
prohibit, condition, or restrict a cable system's use of any type of 
subscriber equipment or any transmission technology.

(f) Limitation on regulatory powers of Federal agencies, States, or 
        franchising authorities; exceptions

    (1) Any Federal agency, State, or franchising authority may not 
impose requirements regarding the provision or content of cable 
services, except as expressly provided in this subchapter.
    (2) Paragraph (1) shall not apply to--
        (A) any rule, regulation, or order issued under any Federal law, 
    as such rule, regulation, or order (i) was in effect on September 
    21, 1983, or (ii) may be amended after such date if the rule, 
    regulation, or order as amended is not inconsistent with the express 
    provisions of this subchapter; and
        (B) any rule, regulation, or order under title 17.

(g) Access to emergency information

    Notwithstanding any such rule, regulation, or order, each cable 
operator shall comply with such standards as the Commission shall 
prescribe to ensure that viewers of video programming on cable systems 
are afforded the same emergency information as is afforded by the 
emergency broadcasting system pursuant to Commission regulations in 
subpart G of part 73, title 47, Code of Federal Regulations.

(h) Notice of changes in and comments on services

    A franchising authority may require a cable operator to do any one 
or more of the following:
        (1) Provide 30 days' advance written notice of any change in 
    channel assignment or in the video programming service provided over 
    any such channel.
        (2) Inform subscribers, via written notice, that comments on 
    programming and channel position changes are being recorded by a 
    designated office of the franchising authority.

(i) Disposition of cable upon termination of service

    Within 120 days after October 5, 1992, the Commission shall 
prescribe rules concerning the disposition, after a subscriber to a 
cable system terminates service, of any cable installed by the cable 
operator within the premises of such subscriber.

(June 19, 1934, ch. 652, title VI, Sec. 624, as added Pub. L. 98-549, 
Sec. 2, Oct. 30, 1984, 98 Stat. 2789; amended Pub. L. 102-385, Secs. 15, 
16, Oct. 5, 1992, 106 Stat. 1490; Pub. L. 103-414, title III, 
Secs. 303(a)(23), 304(a)(12), Oct. 25, 1994, 108 Stat. 4295, 4297; Pub. 
L. 104-104, title III, Sec. 301(e), Feb. 8, 1996, 110 Stat. 116.)

                       References in Text

    For ``the effective date of this subchapter'', referred to in 
subsecs. (b) and (c), as 60 days after Oct. 30, 1984, except where 
otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set 
out as an Effective Date note under section 521 of this title.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-104 substituted ``No State or 
franchising authority may prohibit, condition, or restrict a cable 
system's use of any type of subscriber equipment or any transmission 
technology.'' for ``A franchising authority may require as part of a 
franchise (including a modification, renewal, or transfer thereof) 
provisions for the enforcement of the standards prescribed under this 
subsection. A franchising authority may apply to the Commission for a 
waiver to impose standards that are more stringent than the standards 
prescribed by the Commission under this subsection.''
    1994--Subsec. (d)(2). Pub. L. 103-414, Sec. 304(a)(12), struck out 
designation ``(A)'', inserted ``of'' after ``restrict the viewing'', and 
struck out subpar. (B) which read as follows: ``Subparagraph (A) shall 
take effect 180 days after the effective date of this subchapter.''
    Pub. L. 103-414, Sec. 303(a)(23), inserted ``of'' after ``restrict 
the viewing'' in subpar. (A).
    1992--Subsec. (b)(1). Pub. L. 102-385, Sec. 16(c)(1), inserted ``, 
except as provided in subsection (h) of this section,'' after ``but may 
not''.
    Subsec. (d)(3). Pub. L. 102-385, Sec. 15, added par. (3).
    Subsec. (e). Pub. L. 102-385, Sec. 16(a), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``The 
Commission may establish technical standards relating to the facilities 
and equipment of cable systems which a franchising authority may require 
in the franchise.''
    Subsec. (g). Pub. L. 102-385, Sec. 16(b), added subsec. (g).
    Subsec. (h). Pub. L. 102-385, Sec. 16(c)(2), added subsec. (h).
    Subsec. (i). Pub. L. 102-385, Sec. 16(d), added subsec. (i).


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-385 effective 60 days after Oct. 5, 1992, 
see section 28 of Pub. L. 102-385, set out as a note under section 325 
of this title.


                             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.


Restoration, Retierment and Repricing of Service Previously Eliminated, 
                          Retiered, or Repriced

    Section not to be construed to allow a franchising authority, or a 
State or political subdivision thereof, to require a cable operator to 
restore, retier or reprice cable service previously eliminated, 
retiered, or repriced as of Sept. 26, 1984, see section 9(b) of Pub. L. 
98-549, set out as a note under section 543 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 531, 546 of this title.
