§544 Regulation of Services, Facilities, and Equipment

Summary

Local franchising authorities, states, and federal agencies mostly cannot tell cable companies how to run their services, facilities, or equipment except where this law allows. For new franchises, local authorities can set rules about facilities and equipment in franchise bids, and can require and enforce franchise terms about equipment and broad categories of programming or services. For franchises already in place when the law took effect, authorities may enforce any franchise rules about services, facilities, and equipment. Authorities and operators may agree to ban or limit obscene or unprotected material. Cable operators must, at a subscriber’s request, provide a device to block a particular cable service during times the subscriber chooses. If a premium channel rated X, NC–17, or R is given to non‑subscribers for free, the operator must tell all subscribers at least 30 days before it is offered free, tell them when it will be offered, tell them they can ask to block it, and must block it if asked. The Federal Communications Commission must set minimum technical and signal quality rules within one year after October 5, 1992, and update them as technology improves. States and franchising authorities may not bar the use of any kind of subscriber equipment or transmission technology. Except as the law allows, government bodies may not impose content or service rules; limited exceptions apply for rules in effect on September 21, 1983, consistent amendments, and rules under title 17. Cable operators must follow FCC rules so viewers get the same emergency information as the Emergency Broadcasting System (see subpart G of part 73, title 47, Code of Federal Regulations). The FCC must also make rules within 120 days after October 5, 1992, about what happens to cable installed inside a subscriber’s premises after service ends.