47 U.S.C. § 555a: Limitation of franchising…

Summary

Limits what courts can award in lawsuits about cable rules or franchise decisions. For cases pending on or started on or after October 5, 1992, you generally cannot get money damages from a franchising authority, a government entity, or their officials. Courts can only order someone to do or stop doing something (injunctive relief) or officially declare the parties’ rights (declaratory relief). The money-damage rule does not apply if a final, nonappealable court order already found a violation of a cable operator’s rights before the violation. Claims of discrimination based on race, color, sex, age, religion, national origin, or handicap can get other relief. This section does not create new legal liability for actions or failures about cable service or franchise grants.

Title 47, §555a

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(a)Suits for damages prohibited

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)Exception for completed cases

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)Discrimination claims permitted

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)Rule of construction

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