§555a — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Starting October 5, 1992, lawsuits against a franchising authority or other government body or its officials about regulating cable service or about granting, renewing, transferring, or amending a franchise are limited to injunctions and declarations of rights. The limit does not apply if, before the violation, a final court order not subject to appeal already found a cable operator’s rights were violated, or for claims of discrimination based on race, color, sex, age, religion, national origin, or handicap. It does not create or allow liability for those government actions.

Title 47, §555a

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

(a)In any court proceeding pending on or initiated after October 5, 1992, involving any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State, or local law, shall be limited to injunctive relief and declaratory relief.

(b)The limitation contained in subsection (a) shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator’s rights.

(c)Nothing in this section shall be construed as limiting the relief authorized with respect to any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves discrimination on the basis of race, color, sex, age, religion, national origin, or handicap.

(d)Nothing in this section shall be construed as creating or authorizing liability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity.

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.

§555a Limitation of Franchising Authority Liability

Summary

Title 47, §555a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata