
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: 47USC555a]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
                    Part IV--Miscellaneous Provisions
 
Sec. 555a. Limitation of franchising authority liability


(a) Suits for damages prohibited

    In any court proceeding pending on or initiated after October 5, 
1992, involving any claim against a franchising authority or other 
governmental entity, or any official, member, employee, or agent of such 
authority or entity, arising from the regulation of cable service or 
from a decision of approval or disapproval with respect to a grant, 
renewal, transfer, or amendment of a franchise, any relief, to the 
extent such relief is required by any other provision of Federal, State, 
or local law, shall be limited to injunctive relief and declaratory 
relief.

(b) Exception for completed cases

    The limitation contained in subsection (a) of this section shall not 
apply to actions that, prior to such violation, have been determined by 
a final order of a court of binding jurisdiction, no longer subject to 
appeal, to be in violation of a cable operator's rights.

(c) Discrimination claims permitted

    Nothing in this section shall be construed as limiting the relief 
authorized with respect to any claim against a franchising authority or 
other governmental entity, or any official, member, employee, or agent 
of such authority or entity, to the extent such claim involves 
discrimination on the basis of race, color, sex, age, religion, national 
origin, or handicap.

(d) Rule of construction

    Nothing in this section shall be construed as creating or 
authorizing liability of any kind, under any law, for any action or 
failure to act relating to cable service or the granting of a franchise 
by any franchising authority or other governmental entity, or any 
official, member, employee, or agent of such authority or entity.

(June 19, 1934, ch. 652, title VI, Sec. 635A, as added Pub. L. 102-385, 
Sec. 24(a), Oct. 5, 1992, 106 Stat. 1500.)


                             Effective Date

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