Browse Arkansas Code titles and sections
47 U.S.C. § 542 — Franchise fees
Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment under terms of franchise** Subject to the limitation of subsection (b), any cable operator may be required under the terms of any franchise to pay a franchise fee.
**(b) Amount of fees per annum** For any twelve-month period, the franchise fees paid by a cable operator with respect to any cable system shall not exceed 5 percent of such cable operator’s gross revenues derived in such period from the operation of the cable system to provide cable services. For purposes of this section, the 12-month period shall be the 12-month period applicable under the franchise for accounting purposes. Nothing in this subsection shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any such 12-month period shall be paid on a prepaid or deferred basis; except that the sum of the fees paid during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected if such fees had been paid per annum.
**(c) Itemization of subscriber bills** Each cable operator may identify, consistent with the regulations prescribed by the Commission pursuant to [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section543&num=0&edition=prelim), as a separate line item on each regular bill of each subscriber, each of the following:
(1) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to which the fee is paid.
(2) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels.
(3) The amount of any other fee, t
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 542
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 5f12a23e13630437676ba62186c21a0556abfd1e78cf8af7fe4cb52b3a971e6f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_2180db8bc96767f7ffcd292c
Source file: Laws/federal/codes/united-states-code/title-47/section-542-franchise-fees--9062ace61f.md
Pages: Not recorded – Not recorded
Passage SHA-256: b1f907e92133160d3a8ef3d5c0091fac278fa24d66ef7c53d151d3854a8280db
Source location: Title 47, Chapter 5, § 542; chapter-005-wire-or-radio-communication.md
Stored source content
**(a) Payment under terms of franchise** Subject to the limitation of subsection (b), any cable operator may be required under the terms of any franchise to pay a franchise fee.
**(b) Amount of fees per annum** For any twelve-month period, the franchise fees paid by a cable operator with respect to any cable system shall not exceed 5 percent of such cable operator’s gross revenues derived in such period from the operation of the cable system to provide cable services. For purposes of this section, the 12-month period shall be the 12-month period applicable under the franchise for accounting purposes. Nothing in this subsection shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any such 12-month period shall be paid on a prepaid or deferred basis; except that the sum of the fees paid during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected if such fees had been paid per annum.
**(c) Itemization of subscriber bills** Each cable operator may identify, consistent with the regulations prescribed by the Commission pursuant to [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section543&num=0&edition=prelim), as a separate line item on each regular bill of each subscriber, each of the following:
(1) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to which the fee is paid.
(2) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels.
(3) The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber.
**(d) Court actions; reflection of costs in rate structures** In any court action under subsection (c), the franchising authority shall demonstrate that the rate structure reflects all costs of the franchise fees.
**(e) Decreases passed through to subscribers** Any cable operator shall pass through to subscribers the amount of any decrease in a franchise fee.
**(f) Itemization of franchise fee in bill** A cable operator may designate that portion of a subscriber’s bill attributable to the franchise fee as a separate item on the bill.
**(g) “Franchise fee” defined** For the purposes of this section—
(1) the term “franchise fee” includes any tax, fee, or assessment of any kind imposed by a franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such;
(2) the term “franchise fee” does not include—
(A) any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
(B) in the case of any franchise in effect on October 30, 1984, payments which are required by the franchise to be made by the cable operator during the term of such franchise for, or in support of the use of, public, educational, or governmental access facilities;
(C) in the case of any franchise granted after October 30, 1984, capital costs which are required by the franchise to be incurred by the cable operator for public, educational, or governmental access facilities;
(D) requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
(E) any fee imposed under title 17.
**(h) Uncompensated services; taxes, fees and other assessments; limitation on fees**
(1) Nothing in this chapter shall be construed to limit any authority of a franchising authority to impose a tax, fee, or other assessment of any kind on any person (other than a cable operator) with respect to cable service or other communications service provided by such person over a cable system for which charges are assessed to subscribers but not received by the cable operator.
(2) For any 12-month period, the fees paid by such person with respect to any such cable service or other communications service shall not exceed 5 percent of such person’s gross revenues derived in such period from the provision of such service over the cable system.
**(i) Regulatory authority of Federal agencies** Any Federal agency may not regulate the amount of the franchise fees paid by a cable operator, or regulate the use of funds derived from such fees, except as provided in this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The purposes of this subchapter are to—
(1) establish a national policy concerning cable communications;
(2) establish franchise procedures and standards which encourage the growth and development of cable systems and which assure that cable systems are responsive to the needs and interests of the local community;
(3) establish guidelines for the exercise of Federal, State, and local authority with respect to the regulation of cable systems;
(4) assure that cable communications provide and are encouraged to provide the widest possible diversity of information sources and services to the public;
(5) establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where the operator’s past performance and proposal for future performance meet the standards established by this subchapter; and
(6) promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 521
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Communications Act of 1934.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 609
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Competition preference; local and Federal regulation**
(1) **In general** — No Federal agency or State may regulate the rates for the provision of cable service except to the extent provided under this section and [section 532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section532&num=0&edition=prelim). Any franchising authority may regulate the rates for the provision of cable service, or any other communications service provided over a cable system to cable subscribers, but only to the extent provided under this section. No Federal agency, State, or franchising authority may regulate the rates for cable service of a cable system that is owned or operated by a local government or franchising authority within whose jurisdiction that cable system is located and that is the only cable system located within such jurisdiction.
(2) **Preference for competition** — If the Commission finds that a cable system is subject to effective competition, the rates for the provision of cable service by such system shall not be subject to regulation by the Commission or by a State or franchising authority under this section. If the Commission finds that a cable system is not subject to effective competition—
(A) the rates for the provision of basic cable service shall be subject to regulation by a franchising authority, or by the Commission if the Commission exercises jurisdiction pursuant to paragraph (6), in accordance with the regulations prescribed by the Commission under subsection (b); and
(B) the rates for cable programming services shall be subject to regulation by the Commission under subsection (c).
(3) **Qualification of franchising authority** — A franchising authority that seeks to exercise the regulatory jurisdiction pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 543
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) False distress signals; rebroadcasting programs** No person within the jurisdiction of the United States shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast the program or any part thereof of another broadcasting station without the express authority of the originating station.
**(b) Consent to retransmission of broadcasting station signals**
(1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—
(A) with the express authority of the originating station;
(B) under [section 534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section534&num=0&edition=prelim), in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section; or
(C) under [section 338 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section338&num=0&edition=prelim), in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section.
(2) This subsection shall not apply—
(A) to retransmission of the signal of a noncommercial television broadcast station;
(B) to retransmission of the signal of a television broadcast station outside the station’s local market by a satellite carrier directly to its subscribers, if—
(i) such station was a superstation on May 1, 1991;
(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of [section 119 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 325
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 151
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A.
**(b)** Except as provided in sections 223 through 227 of this title, inclusive, [section 276 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section276&num=0&edition=prelim), and [section 332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332&num=0&edition=prelim), and subject to the provisions of [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section301&num=0&edition=prelim) and subchapter V–A, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilit
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 152
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Open video systems**
(1) **Certificates of compliance** — A local exchange carrier may provide cable service to its cable service subscribers in its telephone service area through an open video system that complies with this section. To the extent permitted by such regulations as the Commission may prescribe consistent with the public interest, convenience, and necessity, an operator of a cable system or any other person may provide video programming through an open video system that complies with this section. An operator of an open video system shall qualify for reduced regulatory burdens under subsection (c) of this section if the operator of such system certifies to the Commission that such carrier complies with the Commission’s regulations under subsection (b) and the Commission approves such certification. The Commission shall publish notice of the receipt of any such certification and shall act to approve or disapprove any such certification within 10 days after receipt of such certification.
(2) **Dispute resolution** — The Commission shall have the authority to resolve disputes under this section and the regulations prescribed thereunder. Any such dispute shall be resolved within 180 days after notice of such dispute is submitted to the Commission. At that time or subsequently in a separate damages proceeding, the Commission may, in the case of any violation of this section, require carriage, award damages to any person denied carriage, or any combination of such sanctions. Any aggrieved party may seek any other remedy available under this chapter.
**(b) Commission actions**
(1) **Regulations required** — Within 6 months after February 8, 1996, the Commission shall complete all actions necessary (including any reconsideration) to prescribe regulations
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 573
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 286
TITLE 47—TELECOMMUNICATIONS
§ 542
Subsec. (d)(3). Pub. L. 104–104, § 3(d)(3), substituted
‘‘section 153’’ for ‘‘section 153(v)’’.
1992—Subsec. (a)(1). Pub. L. 102–385, § 7(a)(1), inserted
before period at end ‘‘; except that a franchising au-
thority may not grant an exclusive franchise and may
not unreasonably refuse to award an additional com-
petitive franchise. Any applicant whose application for
a second franchise has been denied by a final decision
of the franchising authority may appeal such final de-
cision pursuant to the provisions of section 555 of this
title for failure to comply with this subsection’’.
Subsec. (a)(4). Pub. L. 102–385, § 7(b), added par. (4).
Subsec. (b)(1). Pub. L. 102–385, § 7(c)(1), inserted ‘‘and
subsection (f)’’ after ‘‘paragraph (2)’’.
Subsec. (f). Pub. L. 102–385, § 7(c)(2), added subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–385 effective 60 days after
Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as
a note under section 325 of this title.
EFFECTIVE DATE
Section effective 60 days after Oct. 30, 1984, except
where otherwise expressly provided, see section 9(a) of
Pub. L. 98–549, set out as a note under section 521 of
this title.
§ 542. Franchise fees
(a) Payment under terms of franchise
Subject to the limitation of subsection (b),
any cable operator may be required under the
terms of any franchise to pay a franchise fee.
(b) Amount of fees per annum
For any twelve-month period, the franchise
fees paid by a cable operator with respect to any
cable system shall not exceed 5 percent of such
cable operator’s gross revenues derived in such
period from the operation of the cable system to
provide cable services. For purposes
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 542
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.