TITLE VI-CABLE TELECOMMUNICATIONS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200320017-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 21, 2016
• Document Release Date: September 18, 2008
• Sequence Number: 17
• Publication Date: June 14, 1983
• Content Type: OPEN SOURCE

June 14 1983
Crddocer
Gorton
Grssder
Hart
Harcb
Hatfield
gawking
gecbt
geffn
Heinz
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i`I Vi\i:.JJ~VI~AL I\Si\.,vi~L.F JL[~. -
=a-ebsum Randotpb
Haden Riegle
Lauraberg Rock
Lassa Rudman
Lugar Sasser
Matsiu .g* Sim von
Mastlrrsly Specter
Meer Stennis
Michell Stevens
Moynihan Symrua
Muricoaakl Thurmond
Nickles Tower
t
v
-
vantage with other providers of teleeonzmv-
nications services: and
-(4) eliminate government regulation in
order to prevent the imposition Qf an uffiec-
essary economic burden on cable systems in
their provision of service to the public.
_D Ns
"Sac. 603. for purposes of this title, the
term-
-Cl) 'basic service means the lowest cost
tier. other than a tier offered at a dfecocmo
ed fee. of service which is available to sub-
seribers for a fee and which fadudes the
provision of retransmission of local broad-
castaigrsals, public, educational, and govern-
mental progratnn/g and ai other prvgzam-
lag service as offered by a cable operator as
part of the tier, and epeeitfed in the frau-
e
D Tnb
m
Reims !
BOWMP Packwood T9" Was
Peg - Wallop
Pec9 Warner
JaersaQ ` Pressler WeIc er
-. MXf-- Sarbsnee which is distributed by coaxial cable or-any-
:c>taenr man Stafford other closed transmission medial
FO?VQTfl G-4 - -(Zi 'b=? telephone service mesa -two
way voim grade coiwriestlorrs tint- is
McQure _ - held out to-tbe public and that w oald' be
S. 66 Act: -
Be. It enacted by the Senate and"Souse. of "(3) 'broadband telecoranicativas'
of the United' States of means any zeee of or ttsnzngss on- 4W I,
Ctmfrress asseaablerL That (a) tro slaals- including batie.servfee,
this Act: mBy be cited as the "Cable. Tele- cabhe'serviceand .telecommoaicfiions aerv-
ftations Act of 1983". ice, over coaxial cahla? or any _ other' closed
(b} The Communicatiofa Act of 1434 is transmission, mediltfC
?cled' by - inserting immediately after- -(41 'broadcasting' means
title FthefoFToa~grre.v tit}e Lions by radio intended to bezeenved by the
that. portico of-the lregam-
--'Ssc~ (*1_ The- Caar>i ressherebr
-_ rv esbenl3al to such trastSMIssion:
S 8325
leases. rents, or is otherwise authorized to
use the facilities of a cable system for the
provision of basic service or cable service-
and such tern shall include a cable system
operator to tae extent that such operator,
or person or persons under common owner-
ship or control with such operator. is en-
gaged in the provision of such service:
?'(U.) 'closed transmission medium' or
'closed transmission media' means media
having the capacity to tzmansmit electromag-
netic signals over a common transmission
path such as m=ice' cable, optical fiber,
wire. waveguide. or other such signal con-
ductor or device:
"(12) 'franchise' means a. permit. license,
ordinance. resolution, right o6-was. con-
tract- certificate, agrreement. or similar an-
thort'Mt on issued by a frane3aimg autbon-
ty which acithouses the provision of basic
service, cable service. or ns
service by a.cabie operator. -
"(13) 'tat?,?hiei?o authority' means any'-
State. political subdivisim_ or agency these-
of. or any other governmental entity em-,
powered to grant a fraonr
"(14) 'glade-B contour means the Seid.
strength; of a television broadcast. station.
computed in accor'danae with reganatfoew
promalgatedby the-Coe? - r
"(15) 'irdolmarion' means lmowledze or-in
telligence represented by any form of writ-
ing, siglss,.sonals, pictures, sounds, or other
symbols:
(18) 'law' includes any regulation- mile:
order. st?nourd Poicy_ regmresneat, proee-
dar'e, or resaictx=
"(17) 'person' mesas an individual, part-
nezshi>x_as odatioaZ )'off stock company.
tarsi, eorpotatian or any governmental au-
thority: .
-(18) means' the -
trausvion of tntorm-IIn' by electromag-
netir means. with orwi ,bona . benellt-oi any
closed sss>srsmistioa medium. mehscimg all
instrumentalities. facilities apparamm and
ie>ea ratig^a service over a- cable systan. cc-that servaees (indnamg -the eoikedon, storage,
"(2) the provision of broadband' telecom- directly-er-iz ecUy owns-s. of t.in- forwardiat; swite g, and delivery of such
stain-commerce through, the- orit tdoa, atorl means, any person or. peraour or- as
tranene on. distribution, and dissemina- - agent or employee thereof. that provides
tion-of broadband teJeoommunicatie sere- basic. ..aerVlee; cabliz servaoe Or LCfeOalZmDiIIk-
V?~:_~~ ? ,~',, hampered growth and development, of cable on a per channel, per program. or other -(2(f) 'United Staid mesas the several
-- "(47 competition is a more
elIIdentregular -fg) 'cabis subeasibd means tat~'yersaas v7' or ~ata~'
as a. competitive medium which will be re- basis which. is ated by ooa>aak cable or StaLes aadtemiories, the lTstrwt of Cohsm-
sponsive to and serve the needs-and. inter--- any other closed taosmisaoa=.medns --bat bioau .ate . "Din of, the United"
ests of the public 5ueh teas aaall mt incude-.. s.--- Serra::; :. --- < . - - -
?_ w-~. _ r4w.~....~ ..- -
~?~-VerJ7t? Ce1ECOlamumi.CaLlQtia services and as . signalE distributed over a cableAyxww_
M,rr?~rkint. i.n +4-- t-, -laud-,-, f),_-irr?n_ ...-.. - , . apply aS fO~rOaaS -
era of teiecummtmieatium services share in _ psemasm.?oL" a : encase aca~-*~~. o~ wtth the provisions of this title oar at more. .
term doeno& m -de: dlil a fscIbt7, o>rmaa-
th.-?wi;e4w,,...f .. . - Cable f=anChfseB O?fLhfn its lurisdtcsaon.-
of:tltcl;Tpes and delivery of services offered or morf coaxal . ;_ or sr A.aoaeon stroed as? prohibiting any State or political .
ti asioaa_meaia from-,tae-Pdtaaty can-- subdivism _ oc agency thereof. of fzanckn -
.. bythe-tde'Con&mmmicatidn5 indastry_it- is in trnl rYntnr tr a. mint nr .?eepna ieet-seZ-thw- - -- --_'_-- -- ----
r-wa vrzaerwrAWress OI promoting tmrveraiai . slue andnretiaasusit-oe~ to-Dived ~' -- - - -
-tder,Rnte,cervix :t reaanna~ir_rateZ aaeoed<
'- - ' " -"San -602._The purposes of this title- are . broadcast stations (B) a faieilitl-or ez~bma- .
vide basic service or cable service without a
'(1) establish a national policy concerning in one an.- mare mnttipke unit dweBtngs - .'(B) The provision of paragraph (d) shall
broadband - and to en- under eommon?owmeraht>!, coatr *. a=miss- not be- applicable in the case of any cable
Cour'age.a.competitive environment for the ag+sued'eic or(C)-aCOlonLCarr eLta %vctem in nnrrarirn on. Anvil 21 1983
-
--?-szaza+..~
eversuch carrier transmits L broadband tele- vwn~v r-uawnucu.vr-
COLIILnuIIlcaLlOnS: - - '
"(21 establish. guidelfries for the exermse comminicach)m sa',k other- thanes basic 'Sac-6W ra) No State or political subdivi-
or-?ederaL State and local regulatory au- service or able service: sin or agency thereof, or franchising au-
thority: "(]O)_'rbanoel Programer or programer' thorny. shall have the authority to prvhib-
"(31 allow cable systems to be responsve means any person having -an agreement to it. directly or indirectly, the ownership of
to the needs and interests of the public on provide basic service or cable-service - to a - cable systems by any person by reason of
an equal basis without a competitive disad- cable system operator. or any person- who that person's ownership--of any other media
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S 8326 CONGRESSIONAL RECORD-.SENATE
June 14. 1983
or other interests. including broadcast, graining on -such cable system, except for case of any franchise in existence prior to
cable, newspaper. -programing service, or programing on government access channels. the date of the enactment of the Cable
other printed or electronic information sere unless such State or political subdivision or Telecommunications Act of 1983. if the
ice. - agency thereof. or franchising authority, es- rates charged to subscribers for the provi-
" (b)(1) Notwithstanding the provisions of tablishes an- independent board or--a sepa? sion of basic services are subject to regula-
subsection (a) of this section,-1cr the pur- rate management company. Such board or lion or are-restricted by any State or politi-
pose of ensuring fair and equitable treat- company shall not include any State or local cal subdivision or agency thereof, or any
ment of United States cable enterprises office holder. franchising authority-. The provisions -of
seeking access to markets in a foreign coon- .,ACCESS CRA3 WE.S this paragraph relating to existing rate reg-
try. the Commission shall have authority to ?Szc 606. (a) A cable system operator may elation of basic service shall be applicable
conduct Inquiries. applicable 'to foreign-, per- as pBTi of the franchise request for '-period of 5 years following the date of
sons that country
the ey United seeking States access in do- be required.
con- - for proposals. to dedicate or set aside char- the enactment of such Act, or for a period
no markets in thli nection with ith the construction, -ownership nets for public, educational or goverameatal equal aing to term of -one-half s of uch the period franchise. of as of the re-
users, -and the cable system -,operator .may
and operation of cable enterprises as to the
such cable in a franchise to dedicate or set aside date of the enactment of such Act, which
whetheer r such h United States rs table enter- channels forotherohannel risers. ever is greater. The provisions of paragraph
prises are permitted -fair and -equitable ?'(b) The franchising authority and the (1) shall-be applicable to any renewal or
access to Coo such-foreign markets. other extension of any such franchise.
12) The e Commission ahallsubtnltsny.tn - le operator may-establkh rules-and pro- ..43),The Provisions-of ;paragraph -(t} of
formation obtained through -such `inquiries cedures for-the tise:of the channels set aside
to the United States 'Trade' Lepresentative -0r.dedicated-pursuanLto this section. - this subsection shall --.not be applicable
to assist-fibe'tTTade Representative in-his _ "(c) Until-such -Lime.." there.,is demaa- where the cable system is subscribed to-by
identlfication-amd analysis of -acts, -policies- for,each channel full time forltsxlesignated at least 80 -percent -of -the -residences to
or.?practioea -Which zoonstitute? igafficsnt ?',publfc.,ed? e- nna govemm?^ a -nor Which- cable -serviceis available, unless-the.
=barrierS4tO,CDTdlst+OTLiOna ~f.'~nfted"b'tiLES .LheT.hannel.'programing mmy becombined. yCable?operatt)r;de=natmt4nlhat*01)erewt
exports ofsersices. by the cable system operator onone er+more of 'the time. adequate on-sfu reception _? of
"(3) For purposes-of 'this subsection: the cliannels..and to the extent time isavailable the -four 2ekvision signals is available to
term 'foreign persons' includes any individu on-sucb,cbsr1 +Pta, .they may be used by.the more than 50 percent of the households to.
al who is not.'vitisen Af the United States, cable system operator for the provision of which cable service is available. Such a de-
any subsidiary -talthougb established cinder 'other-services. termination shall be made by the Commis -
the laws of the United States-orany State -UGULATrorvror2Aas Arvnsn+vscss sion. Failure by the Commission to make a
thereof) of .a -corporation or other business - 'Sac. `607. (a) Nothing in this title shall be determination atioa within 180 days afar the the entity which was established -under the laws - construed as prhibiting any State or politi. for filing shat of an be deemed application to b be a deuraaicablena o n
of a foreign country, any corporation or cal subdivision or agency thereof, a ls on
, o.rIran- that such satisfactory reception is available.
other business entity established under the chising authority, from establishing, fixing. ??(e) No executive agency of she United
laws of a foreign country. or any corpora- or otherwise restricting the rates charged States. Including the Com* fission, and no
Lion -or other business entity established by cable operatora-
under the laws of the United States or any (1) to subscribers for the receipt of basic State or political subdivision or agency
State thereof. if 25 percent or 'more of the thereof. or freachis1ny authority, shall have
service,
- authority to regulate or restrict the rates
(spits] stock or equivalent ownership is ?(2) Lo subscriber? for equipment neces- for reconnection additional sets to the same
owned or controlled by an individual who is sary for the receipt of basic service, and subscriber, or sales of equipment.
not a citizen of the United States or by a "(3) to subscribers for equipment which
?(fi No executive agency of the United
corporation or other business entity estab- facilitates the reception of basic service by
lisbed under the laws of a foreign country, hearing impaired individuals. - States. Including the Commission and no
or.any-subsidiary of a corporation or.other "'(bXl) :Any rate regulated pursuant to State -or political subdivision or agency
business :entity established under the laws this section may be increased annually at 'thereof, orlranchtsing -authority. shall have
of a foreign country. - the discretion of the cable operator by an authority 4,o regulate or restrict the provi-
tc)iJ Notwithstanding the-provisions of amount not to exceed the regional constmr- &ion of or nature of cable services offered
subsection-ta.) of this section a State or Po- er price Index for the preceeding 12 months, over a cable system except as provided 3n !
liucalsubdivision or agency thereof, or Iran- upon 30 days prior -notice. The -ability 'to section 613 of this Act.
,chising-authority, may not acquire van own- affect such Increases shall be cumulative'for "(g)(1) No executive agency of the United
ership interest in any cable system pursuant not more than 3 successive years States, including the Commission. and no
to a buy-back provisions of a franchise or re- ??(2) Nothwithstanding the provisions of State or political -subdivision cr agency
quire a sale of a cable system 7o any other paragraph (1) of this subsection nothing in thereof, or-ranchising authority, shall have
person pursuant to a franchise, upon the ex- this title shall be construed as prohibiting authority to regulate or restrict the -provi= '
piration of the franchise, unless such State. any State or political subdivision or agency sion of or nature of telecommunications
subdivision agency, authority. or person ac- thereof, -or franchising authority,'fr= pro- services offered over a cable system, except
quires such ownership or interestat not less viding -that such automatic Inca shill with respect to the provision of basic tele-
than fair market value based upon the on- not apply to a franchise which -is In exist- phone service, intrastate 'telecommtnica-
going business value of the -system In the ence on the date of the enactment of the tions services, and except as provided In sec- - A
event that the cable-operator and a State or Cable Telecommunications Act of 1983 and tion 613 of this Act.
political subdivision or agency thereof, or which provides for a fixed rate for basic ?'(2)(A) Subject to the provisions of sub-
franchising authority, are unable to agree service over a specified period. paragraph (B). a State may require only the
upon any such fair market value, then the "(c) Notwithstanding the provisions of filing of informational tariffs for intrastate
matter of determining fair market value subsections (a) and (b) of this section. a telecommunications services that would be
shall be submitted to binding arbitration. cable system operator may automatically in- subject to regulation by the Co?nyn sion or
For purposes of arbitration, each of the aS- crease basic service rates whichiexoeed the any -State if offered by a common carrier
fected parties shall select one arbitrator and basic rates allowed pursuant to subsection subject, in whole or in part, to title n of this
the two arbitrators so selected shall choose (a) or (b) of this section if- Act. which are offered over a cable system. .
a third arbitrator. "(1) such -operator has requested -the in.. Such informational tariffs shall specify only i
?'(2) Notwithstanding the -provisions of crease in rates and - the rates, terms, and conditions for the pro-
paragraph (1) of this subsection. in the "(2) the request is not acted on within 90 vision of service and shall take effect on the
event of termination for cause of a Fran- days following the date of its receipt. date specified therein.
chrse due to a material breach, a State or "(d)(1) Notwithstanding the provisions of "(B) Subparagraph (A) shall not apply to
political subdivision or agency thereof, or subsection (a) of this section, the authority any private telecommunications ser vice,~j
franchising authority, may acquire an own- to establish, fix, or otherwise restrict the which is a discrete service dedicated .to a
ership interest in such cable system but rates charged to subscribers for the provi? single customer and operated by such cus-
only upon written notice of the breach, res- sion of basic services set forth in subsection tamer.
sonable opportunity to remedy the breach, (a) of this section, except to the extent oth- - "(3) A State shall deregulate the provision
and other due process. Any such termina? cruise provided in paragraph (2) of this sub- of intrastate telecommunications services if
tion shall be subject to de nova review by a section. shall not be applicable in any case it finds that such services are-subject to ef-
coup of competent jurisdiction. where the cable system is located within the fective competition.
(d; in an;' case in which any such State, grade B contour of not less than four televi- "(4) For purposes of this subsection an in
subdivision. agency, or authority has or ac- sion signals of which there shall be one af? trastate telecommunications service shall be .;
quires any such ownership or interest, such filiate of each of the three major telerision considered to be subject to effective compe-
State. subdivision, agency, or authority networks. titior. in a particular geographic area or
shall. in no case, own or control, directly or "(2) The provisions of paragraph (1) of market if there are reasonably available al-
indirectly. the content of any of the pro- this subsection shall not be applicable in the ternatives. in determining whether there
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S 8327
cne 1 . 19fi~ CONGRESSIONAL RECORD - SENATE
reasonably available alternatives, the terms of such in convicted a felopplicable otherwise a be Specffical?) authorized by Fed
ate ShLl, ider-w, or has ?(A) the e number and size of providers of the -(2) there has legal. technical. nor & material financialcqualiifica- vacy security off broadband telhecommu-
?(B) (B) the extent to which services are bons of the cable system operator that nications. such broadband telecommunica deemed to be a 'wire commu-
-ailable from providers in the relevant geo- would substantially impair the continued Mons shall be
apric area or market: provision of service by such operator, nication' within the meaning of section
'(C) the ability of such Providers to make ?'(3) the facilities to be provided by such. 2510(1) of title 18 of the Drdted States Code.
the event that there may be any
facilities for governmen-
I
di
l
parable
races readily available at com and conditions: and
rms
t
e
res.
. - (D) other indicators of the extent of
rmpetition. including affiliation of provid-
rs of services.
Nothing it. paragraphs (2), (3), and
of this subsection shall be construed as
eing applicable to basic telephone service.
?"(h) Nothing in 'this Act shall be con-
trued as prohibiting a franchising authori-
v and a cable operator from specifying. inn
ranchise agreement or renewal thereof,
hat certain cable services shall not be .pro-
tided or shall be provided subject to condi-
lon& if such cable services are obscene or
Lieaotherwise -unpr'otected''by'-'tbe'United
States Constitution
-.ti) The provisionsof..subsections
LOU
sec
this su
meat in existence on the date of- enactment -(c):A -cable system-operator with a fin' tion of information solely for billing Put-
of -this Act for a period of 5 years following _chile which-shall expire within 24 months or to monitor whether there is uriau-
the date of enactment of this Act, or Tor the .the date .of ?ensctment of the Gable poses remaining term of such franchise agi' - Telecommunications Act of -1983, shall be in thorised reception of cable telecommiiitica-
meat. Whichever is greater. in any State compliance with subsection (b) -if he-files an tioris
which has in effect. and has had in effect application for renewal within 60 days after ?'(3) A cable operator. channel programer.
such date of enactment. or originator of broadband te)ecommunica?
since Janus-y 1. 1983. a statutory scheme
*^c rates which contains a require- "(d) The Iranchfsing authority shad'- lions shad' ensure that any such informs-
when when the information is no
o
. ? .?. c- -`
re?AxcHISE rims system operator regarding franchise renew-
s after the completion of
0 d
ay
) within 3
--SEC. 606, (a) Cable operators may be re- a quired in a franchise to pay to a_State or p0- proceedings pursuant to subsection (b); and ??(b) No cable operator. channel pro-
litical subdivision or agency thereof, or Iran- ??(2) -make a final decision on granting or gremer, or originator of broadband telecom-
chisin.g authority, a franchise fee- deriving renewal within 12 months after re? munications shall disclose personally ident)?
lbx_) Nc franchise tee paid by a cable ceipt of -an application: liable information obtained pursuant to
system operator for the privilege of holding "(3) in the-case of denial of an applica? subsection (a) of this section with respect to
a franchise, shall exceed an annual aggre? tion- a cable subscriber. or personally identifiable
gate of 5 percent of such cable operator's -(A) not make the -final decision for at information with respect to the services pro
gross revenues derived from the operation least 7 months from 'the-date of receipt of aided to or received by a particular cable
of the cable system 'which is the sub.iect of the application: and subscriber by way of a cable system, except
the franchise. ':(B) notify the applicant by written state- upon the prior ' or electronic consent
(2) Nothing in this section shall be con- went, within 7 aays?after the final decision, of the subscriber, or pursuant 'to a lawful
strued as limiting lees required by a Iran- of the reasons for the denial. court order authorizing such disclosure.
chile in effect on the date of enactment of -?(e) Any renewal applicant adversely aJ- ..(c) If a court shall authorize or order dis-
the Cable Telecommtuiications Act of 1983 fatted or aggrieved by a final decision of a closure, the cable subscriber shall be Doti-
to be paid directly or indirectly to entities franchising authority made pursuant to sub Pied of such order by the person to whom
established for the purpose of facilitating section (d),?or by a failure of the franchssnng such order mar be directed, within a reason.
the use of channels set aside for public, edu- authority to act in accordance with subset- suc such period order a time r eft the disclosure icational. or governmental use. tion (d), may obtain judicial review of such in~e but in Of time event fore than the is calendar
?'(c) Any cable system operator may Pass final decision in any-court of competent ju- days. , no 14
the cost, of any increase in a franchise lee risdiction. The existing franchise shall
1 tin of "(a) Each cable operator shall, at the time
o
theVtotal franchise fee as a separate 'item on
the subscribers' bills.
'?(d, For the purpose of this section-
??(1) 'franchise lee' shall include any-tax-
fee or assessment of -any kind imposed by a
franchising authority or governmental au-
thority on a cable system -operator or cable
subscriber because of their status as such;
and
'(2) 'assessment' shall not include bonds,
security funds. letters of credit. insura nce,
. indem ification. penalties, liquidated dam-
ages or similar requirements which are inci?
dental to the enforcement of the franchis-
ing agreement.
(e! Nothing in this section shall be
deemec to require a cable operator to re-
negotiate 'he p-oyisiOn? of an existing fran-
remain in effect pending the comp e
provide
such judicial review, Such judicial review of entering into an agreement to regularly
shall be de novo. unless the renewal aPpli? cable telecommunications, and reguliatly
cant has been afforded a hearing on record thereafter, inform every subscriber of the
before an independent hearing examiner or rights of the subscriber under this section.
administrative law judge consistent with Such
the nature of the mforclude a d cripti n?
State law that requires- tamed by the cable operator. channel pro-
??(1) adequate notice:
(2) fair opportunity for participation by grainer, or originator of broadband telecom
the renewal applicant, which includes- munications. and the location and availabil-
"LA) discovers'; ity of such information.
?(B) the filing of.pleadings, motions, or *'(e) .A cable subscriber shall have access to
objections: all personally identifiable information re-
-(C) the introduction of written or ors.] garding that subscriber which is collected
testimony: and and maintained by a cable operator, channel
"(D) cross-examination of opposing Par- programer, or originator of broadband tele-
ties: and communications. Such information shall be
(3) a written decision by the examiner or available to the subscriber at reasonable
n the full record of times and at a place designated by the cable
l
y o
sed exclusive
judge ba the hearings and stating the specific find- operator, channel programer. or originator
nd conclusioof law on which of broadband telecommunications.
N II Es?rENSroNS
T
wtiS A
lags cf fact a
ttEA
_ "Sic 609. (a) In any case in which a cable the decision is based. (f) Any cable subscriber whose privacy is
the frn operator submi an ea;aor, t0 . ,?~A o~ ~T-aC lON OR RECF?:70N violated to contravention of this section. 10 oth rexteis ion of suc ih operator's t rthe the r renewal oe "SEc. 610. (a) No person or government shall be entitled to recover civil damages as
auother exte io h sucching franchise
uthetho
thonza:for., the franchising acity authority shall intercept or receive broad authorized and in the manner set forth in
n such renewal or other extension band telecommunications unless specifically section 2520 of title 18 of the United States
untic i; le ` ? authorized to do so by a cable system opera- Code. This remedy shall be in addition
such sub-
] , thF cable system operator has not tor. channel programer, or originator of ~ fiber her remedy available to
ca cable sy
complied with the material broadband telecommunications or as may
subsi .'.cal) suc
ng
u
operator.. inc
are unreasonable in light of the
tal access
.
community need for and cost of such facili-
ties;
(4) the signal delivered by the cable
system within the control off the cable
system operator, has not generally met
technical standards as established by the
Commission: or
"(5) the proposals contained in the renew-
al application-are otherwise 'unreasonable.
"(b) -A-cable system opf'Tator must file for
renewal ILt least 24 -months,' but not more
than 36 -months, before expiration of the
franchise.-The tran(?hisme-? authority must
?consider'the'renewal'fthin120-days of sub-
mission of the application -arid conduct any
n
(c)
difference between. the provisions of this
section and chapter 119 of title 18 of the
United states code, or any' regulations pro-
mulated thereunder, it is the intent of the
Congress that such chapter 119 shall be
controlling.
pROTWnON OF SUBScarDEA PRIVACY
"Six. 611. (a)(1) tcept as -provided in
paragraph (2) of this subsection, no cable
operator. channel programer, or originator
oT broadband te)ecommunicat)ons may use
the cable system to collect personally ale
fiable `information 'with respect
subscriber, -except upon therlorwritien or
electronic consent of tnst'subscriber_
"(2) The provisions of-paragraph (1) of
tion shall not apply to the collec-
b
tion is uestroye
longer used or i.o be used for the purposes
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S 8328
- CALM=AL AYD Cl 'IL IIAR IitT y
"Srx. 612. Nothing in this title shall be
deemed to affect the criminal or cwtf).liabili-
ty of charnel programers or cable operators
pu`sua to the lap- of Zibe>rblander. obaeen-
Itr. incil,emea'- invasions of privacy. false or
micie>ding ayverllsing. or .other Similar
lam. except that cable -operators shall not
incur such liability for any program carried
on any.Dublic. educational, governentaL or
other channel referred to is subsection (a)
of section. 606, or for acv program -required
by lacr to be carried on. any other cbaraw
-PROGBAI D C. Iitl LdS, AHD PACUM33 S
"Src. 613. (a) No State.or political inbdlvj-
-sion or agency thereof. or franchising au-
tnonty. may require theprovon of partic-
ular Progranimg or