§544 Regulation of services, facilities, and equipment

Summary

Local franchise authorities may not control the services, facilities, or equipment a cable company uses except where federal cable law allows. For franchises granted after the law took effect, the franchising authority can set rules about facilities and equipment in franchise requests, but generally cannot set rules about specific video programs or other information services (except in a few cases). The authority can enforce franchise rules about equipment and broad types of video or other services. For franchises already in place when the law took effect, the authority may enforce any franchise rules about services, facilities, or equipment. Obscene or otherwise unprotected material can be banned or limited. If a subscriber asks, the cable company must offer a device (for sale or lease) that blocks a particular channel at times the subscriber chooses. If a premium channel that shows X, NC–17, or R movies is offered free to non‑subscribers, the company must notify all subscribers and allow blocking, with notice at least 30 days before it is provided without charge. The Federal Communications Commission must set minimum technical and signal-quality rules within one year after October 5, 1992, and update them over time. States and local franchising authorities cannot forbid or limit the use of any type of subscriber equipment or transmission technology. No federal, state, or local body may add rules about cable service content or provision except as this law allows, with limited exceptions for rules in effect on September 21, 1983, compatible later amendments, and rules under title 17. Cable companies must follow FCC standards so viewers get the same emergency information as the emergency broadcasting system. A franchising authority may require 30 days’ written notice of channel or programming moves and may require notice that the authority records subscriber comments. The FCC must also make rules within 120 days after October 5, 1992 about what happens to cable wiring left inside a home when service ends.