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S. 1880

Cable Television Consumer Protection Act of 1990

Cable Television Consumer Protection Act of 1990 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating either the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act.

Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system provides for basic cable service, including the installation or rental of equipment used for the receipt of such basic service, are reasonable.

Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review regulation of cable system rates established by a franchising authority authorized by the FCC.

Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days.

Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are significantly excessive; and (2) criteria for determining that a complaint has been properly filed objecting to such rates and establishing that such rates are significantly excessive. Outlines factors for making such determinations. Presumes a cable system to be subject to effective competition if: (1) fewer than 30 percent of the households in the cable community subscribe to the cable service of the system; or (2) the cable community is served by a sufficient number of local television broadcast signals and by more than one multichannel video programming distributor. (MVPD). Outlines the circumstances under which a cable community shall be considered to be served by more than one MVPD.

Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in the price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system.

Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users.

States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming.

Authorizes the FCC to: (1) determine maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use.

Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest.

Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case.

Requires the FCC to determine whether the cable industry has established industry standards for response by cable operators to customer concerns and whether such standards are effective in ensuring customer satisfaction. Requires the FCC to establish such standards if they are found to be faulty.

Allows a franchising authority six months to act upon a franchise renewal application of a cable operator. States that any lawful action to revoke a cable operator's franchise for cause shall not be negotiated by the initiation of renewal proceedings by the cable operator.

Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible.

Provides that, in any First Amendment claim against a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions.

Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so.

Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local broadcast stations (local non-cable stations) in accordance with this Act. Requires each participating operator to carry a specified number of qualified local broadcast stations, such number increasing with the amount of usable activated channels of such participating operator. Requires, among the signals of qualified local broadcast stations to be carried by each participating operator, the carriage of signals of at least: (1) one qualified noncommercial educational television station for an operator with fewer than 54 usable activated channels; and (2) two such stations for an operator with 54 or more usable active channels. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires, when feasible, the signal of the qualified local broadcast station on the cable system to be carried on the same channel on which the local broadcast station is normally carried over the air or upon a channel mutually agreed upon by the broadcaster and the principal operator. Outlines other required standards for the retransmission by a principal operator of the qualified local broadcast stations required under this Act. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced tier of basic cable service offered by the participating operator. Requires a participating operator to: (1) identify, upon request, those local broadcast signals carried on its system in fulfillment of requirements of this Act; and (2) provide written notice to a qualified local broadcast station, the franchising authority of such cable system, and subscribers of such system at least 30 days prior to either deleting or repositioning such signal on its cable system. Prohibits a participating operator from accepting money or other consideration for the carriage of local broadcast signals as required under this Act.

Authorizes a qualified local broadcast station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints.

Provides that any civil action challenging the provision of this Act relating to the carriage of local broadcast signals by cable operators shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding.

Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber.

Placed on Senate Legislative Calendar under General Orders. Calendar No. 704.

Sen. Danforth, John C. [R-MO](R-MO)Sponsor
15 cosponsors
1committees3related bills
Jul 19, 199001

Cable Television Consumer Protection Act of 1990 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating either the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act.

Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system provides for basic cable service, including the installation or rental of equipment used for the receipt of such basic service, are reasonable.

Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review regulation of cable system rates established by a franchising authority authorized by the FCC.

Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days.

Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are significantly excessive; and (2) criteria for determining that a complaint has been properly filed objecting to such rates and establishing that such rates are significantly excessive. Outlines factors for making such determinations. Presumes a cable system to be subject to effective competition if: (1) fewer than 30 percent of the households in the cable community subscribe to the cable service of the system; or (2) the cable community is served by a sufficient number of local television broadcast signals and by more than one multichannel video programming distributor. (MVPD). Outlines the circumstances under which a cable community shall be considered to be served by more than one MVPD.

Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in the price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system.

Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users.

States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming.

Authorizes the FCC to: (1) determine maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use.

Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest.

Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case.

Requires the FCC to determine whether the cable industry has established industry standards for response by cable operators to customer concerns and whether such standards are effective in ensuring customer satisfaction. Requires the FCC to establish such standards if they are found to be faulty.

Allows a franchising authority six months to act upon a franchise renewal application of a cable operator. States that any lawful action to revoke a cable operator's franchise for cause shall not be negotiated by the initiation of renewal proceedings by the cable operator.

Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible.

Provides that, in any First Amendment claim against a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions.

Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so.

Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local broadcast stations (local non-cable stations) in accordance with this Act. Requires each participating operator to carry a specified number of qualified local broadcast stations, such number increasing with the amount of usable activated channels of such participating operator. Requires, among the signals of qualified local broadcast stations to be carried by each participating operator, the carriage of signals of at least: (1) one qualified noncommercial educational television station for an operator with fewer than 54 usable activated channels; and (2) two such stations for an operator with 54 or more usable active channels. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires, when feasible, the signal of the qualified local broadcast station on the cable system to be carried on the same channel on which the local broadcast station is normally carried over the air or upon a channel mutually agreed upon by the broadcaster and the principal operator. Outlines other required standards for the retransmission by a principal operator of the qualified local broadcast stations required under this Act. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced tier of basic cable service offered by the participating operator. Requires a participating operator to: (1) identify, upon request, those local broadcast signals carried on its system in fulfillment of requirements of this Act; and (2) provide written notice to a qualified local broadcast station, the franchising authority of such cable system, and subscribers of such system at least 30 days prior to either deleting or repositioning such signal on its cable system. Prohibits a participating operator from accepting money or other consideration for the carriage of local broadcast signals as required under this Act.

Authorizes a qualified local broadcast station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints.

Provides that any civil action challenging the provision of this Act relating to the carriage of local broadcast signals by cable operators shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding.

Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber.

Nov 15, 198900

Cable Television Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to authorize a franchising authority to regulate rates of a cable system for the provision of basic cable services and for installing or renting equipment necessary for the receipt of such services if the franchise authority determines that the cable system is not subject to effective competition. Presumes effective competition if: (1) fewer than 30 percent of the households in the cable community subscribe to the cable service of such cable system; or (2) the cable community is served by more than one multichannel video programming distributor (MVPD). Outlines the circumstances under which a cable community shall be considered to be served by more than one MVPD. Requires a franchising authority authorized to regulate rates to establish a fair and efficient method for such regulation, in consultation with the Federal Communications Commission (FCC) and the operator of any affected cable system.

Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local broadcast stations (local non-cable stations) in accordance with this Act. Requires each participating operator to carry a specified number of qualified local broadcast stations, such number increasing with the amount of usable activated channels of such participating operator. Requires, among the signals of qualified local broadcast stations to be carried by each participating operator, the carriage of signals of at least: (1) one qualified noncommercial educational television station for an operator with fewer than 54 usable activated channels; and (2) two such stations for an operator with 54 or more usable active channels. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires, when feasible, the signal of the qualified local broadcast station on the cable system to be carried on the same channel on which the local broadcast station is normally carried over the air or upon a channel mutually agreed upon by the broadcaster and the principal operator. Outlines other required standards for the retransmission by a principal operator of the qualified local broadcast stations required under this Act. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced tier of basic cable service offered by the participating operator. Requires a participating operator to: (1) identify, upon request, those local broadcast signals carried on its system in fulfillment of requirements of this Act; and (2) provide written notice to a qualified local broadcast station, the franchising authority of such cable system, and subscribers of such system at least 30 days prior to either deleting or repositioning such signal on its cable system. Prohibits a participating operator from accepting money or other consideration for the carriage of local broadcast signals as required under this Act.

Authorizes a qualified local broadcast station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints.

Amends provisions concerning renewal of cable television franchises to direct the franchising authority to issue written requests for: (1) a renewal proposal from the incumbent cable operator; and (2) proposals for a new franchise from any other person who notifies the franchising authority of its interest in providing cable service in the relevant area. Directs the franchising authority to provide prompt public notice of all cable franchise proposals received and to commence an administrative proceeding to determine the disposition of each such proposal. Outlines factors to be considered by the franchising authority in determining the disposition of such proposals, including the quality, reasonableness, and compliance of such proposals with community standards as well as standards of existing franchise law and regulations. Requires the franchising authority to issue a written decision to parties submitting proposals. Requires a franchising authority to grant an incumbent cable operator's renewal proposal if the franchising authority finds that the operator's performance and proposal satisfy all applicable standards. Repeals current provisions under the Communications Act of 1934 concerning the proper bases for denial of a proposal for renewal of a cable franchise.

Provides that, in any First Amendment claim against a franchising authority or governmental entity arising from the regulation of cable communications or a decision to grant or deny a franchise or otherwise regulate a cable operator, any relief shall be limited to injunctive relief, declaratory relief, and attorneys' fees, except to the extent that such a claim involves activities of such authority or entity as an owner of a cable system.

Requires a franchising authority, in establishing cable franchise requirements, to specifically identify those broad categories of programming and other services that are essential to the operation of a cable system in the public interest in that community, including broadcasting in a foreign language or towards a particular minority group. Authorizes any person aggrieved by the failure of a cable operator to meet the required technical standards of a franchise to petition the FCC for an order compelling compliance with such standards.

Prohibits any entity engaged in the production, creation, or distribution of video programming that is owned or controlled by, or affiliated with, one or more cable systems from discriminating in the price, terms, or availability of its programming among cable systems, cable operators, or other MVPDs who purchase such programming for delivery to consumers. Allows such person to impose reasonable, nondiscriminatory requirements for creditworthiness, service, and financial stability, and allows price differentials which are attributable to cost differentials in the creation, sale, delivery, or transmission of such programming or which are made in good faith to meet the low price of a competitor.

Prohibits, after October 31, 1989, any cable operator from controlling cable systems that individually or collectively provide service to more than 15 percent of all cable subscribers in the United States. Provides an exception for a cable operator who already controls 15 percent or more of such service on such date if that operator: (1) does not acquire additional interests in cable systems; and (2) reduces its interest so that, within one year after the enactment of this Act, such percentage is within that permitted. Authorizes the FCC to waive such prohibition in individual cases for up to six months.

Provides that any civil action challenging the provision of this Act relating to the carriage of local broadcast signals by cable operators shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding.

Cable Television Consumer Protection Act of 1990 — Informed