§303c — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Allows people and companies in the TV business to meet and make voluntary rules to lessen the harmful effects of violence on TV without being treated as breaking the antitrust laws. Defined terms: "antitrust laws" means the rules listed in subsection (a) of section 12 of title 15 and also includes section 45 of title 15 for unfair methods of competition. "Person in the television industry" means TV networks; anyone who produces or telecasts programs (including theatrical movies); the National Cable Television Association; the Association of Independent Television Stations, Incorporated; the National Association of Broadcasters; the Motion Picture Association of America; the Community Antenna Television Association; networks’ affiliate groups; and people acting for them. "Telecast" means broadcasting by a TV station or transmitting by cable or satellite. The antitrust rules do not apply to joint meetings, reviews, or agreements by those TV industry people when the only purpose is to create and share voluntary guidelines to reduce violent content. The exemption does not cover anything that results in a boycott. The safety from antitrust law applies only during the 3-year period beginning on December 1, 1990.

Title 47, §303c

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)This section may be cited as the “Television Program Improvement Act of 1990”.

(b)For purposes of this section—

(1)the term “antitrust laws” has the meaning given it in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competition;

(2)the term “person in the television industry” means a television network, any entity which produces programming (including theatrical motion pictures) for telecasting or telecasts programming, the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, the Community Antenna Television Association, and each of the networks’ affiliate organizations, and shall include any individual acting on behalf of such person; and

(3)the term “telecast” means—

(A)to broadcast by a television broadcast station; or

(B)to transmit by a cable television system or a satellite television distribution service.

(c)The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to alleviate the negative impact of violence in telecast material.

(d)(1)The exemption provided in subsection (c) shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person.

(2)The exemption provided in subsection (c) shall apply only to any joint discussion, consideration, review, action, or agreement engaged in only during the 3-year period beginning on December 1, 1990.

Editorial Notes

Codification Section was enacted as part of the Television Program Improvement Act of 1990 and also as part of the Judicial Improvements Act of 1990, and not as part of the Communications Act of 1934 which comprises this chapter.

§303c Television program improvement

Summary

Title 47, §303c

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata