§544 Regulation of Services, Facilities, and Equipment

Summary

Franchising authorities (like cities) may not control a cable company’s services, equipment, or facilities except as this law allows. For any new franchise, the authority can set rules about equipment and facilities when asking for bids, but generally cannot set rules about specific video programs or information services, except it can require advance notice and a place to record public comments. The authority may enforce franchise rules about equipment, facilities, and broad categories of programming or services. For franchises that already exist when this law took effect, the authority may enforce whatever service, equipment, and facility rules are in the franchise. Local, state, and federal agencies mostly cannot make rules about what cable companies must carry or how programming must be made, except for certain older federal rules in effect on September 21, 1983, rules under Title 17, and rules this law allows. The FCC must set minimum technical and signal-quality standards within one year after October 5, 1992, and update them over time. Cable operators must give viewers the same emergency information that the broadcast system provides. If a subscriber asks, the operator must provide a device to block obscene or indecent services during times the subscriber chooses. If a premium channel with movies rated X, NC–17, or R is offered free to non-subscribers, the operator must notify subscribers and honor requests to block the channel, with notice steps at least 30 days before. The FCC must also set rules, within 120 days after October 5, 1992, about cables left inside a home after service ends.