PRIA Logo™
Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§531 Cable Channels for Public, Educational, or Governmental Use

Title 47 › CHAPTER 5 — WIRE OR RADIO COMMUNICATION › SUBCHAPTER V–A — CABLE COMMUNICATIONS › Part II — Use of Cable Channels and Cable Ownership Restrictions › § 531

Last updated Sep 22, 2026|Official source

Summary

Local governments that give cable franchises can require cable companies to set aside channels for public, educational, or government use. They can make those requirements part of requests for proposals and renewal talks (subject to section 546). They can also make rules about how those channels are used and enforce any franchise rules about providing those channels or related services, equipment, or facilities. If channels are set aside, the local government must write rules for when a cable company may use the channel for other things and when that use must stop. A cable company cannot control the content of those public, educational, or government programs, except it may refuse to carry public-access material that contains obscenity, indecency, or nudity (see section 544(d)). An "institutional network" means a network the cable company builds or runs that is usually only for non-residential subscribers.

Full Legal Text

Title 47, §531

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

(a)Authority to establish requirements with respect to designation or use of channel capacity
A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section.
(b)Authority to require designation for public, educational, or governmental use
A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator’s proposal for a franchise renewal, subject to section 546 of this title, that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section.
(c)Enforcement authority
A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b).
(d)Promulgation of rules and procedures
In the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe—
(1)rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated, and
(2)rules and procedures under which such permitted use shall cease.
(e)Editorial control by cable operator (f) “Institutional network” defined
Subject to section 544(d) of this title, a cable operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this section, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (e). Pub. L. 104–104 inserted before period at end “, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

Regulations

Pub. L. 102–385, § 10(c), Oct. 5, 1992, 106 Stat. 1486, provided that: “Within 180 days following the date of the enactment of this Act [Oct. 5, 1992], the Federal Communications Commission shall promulgate such

Regulations

as may be necessary to enable a cable operator of a cable system to prohibit the use, on such system, of any channel capacity of any public, educational, or governmental access facility for any programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct.”

Reference

Citations & Metadata

Citation

47 U.S.C. § 531

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110