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HR 2439 102th Congress House Government Operations and Politics Administrative procedure Antitrust policy Cable television Competition Educational television Franchises (Retail trade) Licenses Prices Public television State laws Television broadcasting

Cable Television Subscriber Protection Act of 1991

Introduced: May 22, 1991 Introduced by: Sanders, Bernard Independent · Vermont See on congress.gov
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 23, 1992
For Further Action See H.R.4850.
May 31, 1991
Referred to the Subcommittee on Telecommunications and Finance.
May 22, 1991
Referred to the House Committee on Energy and Commerce.
May 22, 1991
Introduced in House
 Plain-English summary Congressional Research Service

Cable Television Subscriber Protection Act of 1991 - Amends the Communications Act of 1934 to include within the definition of basic cable service any service tier which includes the retransmission of: (1) public, educational, and governmental channels; and (2) any other advertiser-supported video programming services.

Directs the Federal Communications Commission (FCC) or an authorized franchising authority, in any cable community where a cable system is not subject to effective competition, to ensure that rates and charges for the provision of basic cable service, for the installation, sale, lease, or rental of equipment or services used for the receipt of basic service, and for changes in tiers of basic service, are reasonable.

Sets forth criteria for determining whether: (1) a cable system shall be considered subject to effective competition; and (2) a cable community shall be considered as served by more than one multichannel video programming delivery system. Specifies that no competing multichannel video programming distributor serving households in a cable community which is owned or controlled by, or affiliated through common ownership or by distribution contract with, the cable system in such cable community shall be included in any determination regarding effective competition under this Act.

Directs the FCC: (1) to prescribe requirements and guidelines for the regulation of cable systems not subject to effective competition; and (2) in establishing rules for the regulation of basic service rates and charges, to take into account such factors as the number of signals carried on the tiers of service subject to rate regulation, the costs of providing such signals, the revenues from advertising received by a cable operator from the provision of basic cable service derived from sources other than basic service rates charged to subscribers, a reasonable profit, and the quality of the customer service provided by the cable system.

Authorizes a franchising authority to administer such regulation pursuant to this Act if it certifies in writing to the FCC that it will abide by FCC procedures.

Requires the FCC, upon petition by a cable operator or other interested party, to review such regulation of cable service by an authorized franchising authority (and, if it finds that such authority has acted inconsistently with the requirements of this Act, grant appropriate relief.)

Sets forth procedures with respect to: (1) requests by cable operators for increases in the rates or charges for basic cable service, or for a particular tier of basic services; and (2) remedies for unreasonable rates or charges.

Directs the FCC, by regulation, to require cable operators to file on an annual basis such financial information as may be necessary for the purposes of administering and enforcing this Act.

Specifies that if a cable system offers multiple tiers of basic service, the lowest-priced tier shall be the only service tier to which cable operators may require subscription as a condition of access to other program service tiers offered by the cable system.

Prohibits a cable operator from discriminating in the rates, charges, terms, conditions, or availability for purchase of its cable service among subscribers or potential subscribers in a particular cable community, with exceptions.

Requires a cable operator to submit a timely, written notice specifically requesting a franchising authority to initiate a formal renewal process. Allows a franchising authority to consider, as a factor in determining if the quality of the operator's service has been reasonable in light of community needs, the operator's response to consumer complaints concerning an operator's proposal or decision to discontinue offering a cable programming service over its system.

Sets forth additional provisions with respect to denial of renewal, the applicable evidentiary standard, and revocation of a cable operator's franchise.

Specifies that: (1) no State may prohibit a franchising authority from awarding more than one franchise within its jurisdiction, or from awarding franchises subject to different terms and conditions where such authority determines that the issuance of such franchises would serve the public interest; and (2) no franchise shall by its own terms provide that such franchise confers an exclusive grant of authority to provide cable service in a particular cable community.

What's happening now July 23, 1992

For Further Action See H.R.4850.

 Committees of jurisdiction 2