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

Summary

The FCC must write rules within one year after October 5, 1992 that govern deals and practices between cable companies (and other multichannel channel providers) and the people or companies that make or sell TV programs. The rules must stop a carrier from forcing a company to give it an ownership stake to be carried, stop carriers from forcing or punishing vendors to give exclusive rights, stop unfair discrimination against unaffiliated programmers in who or how programs are carried, require fast review of vendor complaints, allow penalties and remedies (including forcing carriage), and punish frivolous complaints. Video programming vendor: a person or company that produces, creates, or wholesales video programming for sale.

Title 47, §536

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

(a)Within one year after October 5, 1992, the Commission shall establish regulations governing program carriage agreements and related practices between cable operators or other multichannel video programming distributors and video programming vendors. Such regulations shall—

(1)include provisions designed to prevent a cable operator or other multichannel video programming distributor from requiring a financial interest in a program service as a condition for carriage on one or more of such operator’s systems;

(2)include provisions designed to prohibit a cable operator or other multichannel video programming distributor from coercing a video programming vendor to provide, and from retaliating against such a vendor for failing to provide, exclusive rights against other multichannel video programming distributors as a condition of carriage on a system;

(3)contain provisions designed to prevent a multichannel video programming distributor from engaging in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors;

(4)provide for expedited review of any complaints made by a video programming vendor pursuant to this section;

(5)provide for appropriate penalties and remedies for violations of this subsection, including carriage; and

(6)provide penalties to be assessed against any person filing a frivolous complaint pursuant to this section.

(b)As used in this section, the term “video programming vendor” means a person engaged in the production, creation, or wholesale distribution of video programming for sale.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as an

Effective Date

of 1992 Amendment note under section 325 of this title.

§536 Regulation of Carriage Agreements

Summary

Title 47, §536

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata