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47 U.S.C. § 545 — Modification of franchise obligations

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 545 — Modification of franchise obligations

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Stable record: federal_law:legal_authorities:record_usc_26f3199cc94de15617b1dbef
Source file: Laws/federal/codes/united-states-code/title-47/section-545-modification-of-franchise-obligations--242bf129bb.md
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Source location: Title 47, Chapter 5, § 545; chapter-005-wire-or-radio-communication.md

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**(a) Grounds for modification by franchising authority; public proceeding; time of decision** (1) During the period a franchise is in effect, the cable operator may obtain from the franchising authority modifications of the requirements in such franchise— (A) in the case of any such requirement for facilities or equipment, including public, educational, or governmental access facilities or equipment, if the cable operator demonstrates that (i) it is commercially impracticable for the operator to comply with such requirement, and (ii) the proposal by the cable operator for modification of such requirement is appropriate because of commercial impracticability; or (B) in the case of any such requirement for services, if the cable operator demonstrates that the mix, quality, and level of services required by the franchise at the time it was granted will be maintained after such modification. (2) Any final decision by a franchising authority under this subsection shall be made in a public proceeding. Such decision shall be made within 120 days after receipt of such request by the franchising authority, unless such 120 day period is extended by mutual agreement of the cable operator and the franchising authority. **(b) Judicial proceedings; grounds for modification by court** (1) Any cable operator whose request for modification under subsection (a) has been denied by a final decision of a franchising authority may obtain modification of such franchise requirements pursuant to the provisions of [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section555&num=0&edition=prelim). (2) In the case of any proposed modification of a requirement for facilities or equipment, the court shall grant such modification only if the cable operator demonstrates to the court that— (A) it is commercially impracticable for the operator to comply with such requirement; and (B) the terms of the modification requested are appropriate because of commercial impracticability. (3) In the case of any proposed modification of a requirement for services, the court shall grant such modification only if the cable operator demonstrates to the court that the mix, quality, and level of services required by the franchise at the time it was granted will be maintained after such modification. **(c) Rearrangement, replacement, or removal of service** Notwithstanding subsections (a) and (b), a cable operator may, upon 30 days’ advance notice to the franchising authority, rearrange, replace, or remove a particular cable service required by the franchise if— (1) such service is no longer available to the operator; or (2) such service is available to the operator only upon the payment of a royalty required under [section 801(b)(2) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section801/b/2&num=0&edition=prelim), which the cable operator can document— (A) is substantially in excess of the amount of such payment required on the date of the operator’s offer to provide such service, and (B) has not been specifically compensated for through a rate increase or other adjustment. **(d) Rearrangement of particular services from one service tier to another or other offering of service** Notwithstanding subsections (a) and (b), a cable operator may take such actions to rearrange a particular service from one service tier to another, or otherwise offer the service, if the rates for all of the service tiers involved in such actions are not subject to regulation under [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section543&num=0&edition=prelim). **(e) Requirements for services relating to public, educational, or governmental access** A cable operator may not obtain modification under this section of any requirement for services relating to public, educational, or governmental access. **(f) “Commercially impracticable” defined** For purposes of this section, the term “commercially impracticable” means, with respect to any requirement applicable to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 521 — Purposes

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

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 555 — Judicial proceedings

**(a) Actions to review determinations by franchising authorities** Any cable operator adversely affected by any final determination made by a franchising authority under section 541(a)(1), 545 or 546 of this title may commence an action within 120 days after receiving notice of such determination, which may be brought in— (1) the district court of the United States for any judicial district in which the cable system is located; or (2) in any State court of general jurisdiction having jurisdiction over the parties. **(b) Available relief** The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a) and with the provisions of subsection (a). **(c) Review of constitutionality of sections 534 and 535** (1) Notwithstanding any other provision of law, any civil action challenging the constitutionality of section 534 or 535 of this title or any provision thereof shall be heard by a district court of three judges convened pursuant to the provisions of [section 2284 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2284&num=0&edition=prelim). (2) Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under paragraph (1) holding section 534 or 535 of this title or any provision thereof unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 555

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 543 — Regulation of rates

**(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

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 544 — Regulation of services, facilities, and equipment

**(a) Regulation by franchising authority** Any franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this subchapter. **(b) Requests for proposals; establishment and enforcement of requirements** In the case of any franchise granted after the effective date of this subchapter, the franchising authority, to the extent related to the establishment or operation of a cable system— (1) in its request for proposals for a franchise (including requests for renewal proposals, subject to [section 546 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section546&num=0&edition=prelim)), may establish requirements for facilities and equipment, but may not, except as provided in subsection (h), establish requirements for video programming or other information services; and (2) subject to [section 545 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section545&num=0&edition=prelim), may enforce any requirements contained within the franchise— (A) for facilities and equipment; and (B) for broad categories of video programming or other services. **(c) Enforcement authority respecting franchises effective under prior law** In the case of any franchise in effect on the effective date of this subchapter, the franchising authority may, subject to [section 545 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section545&num=0&edition=prelim), enforce requirements contained within the franchise for the provision of services, facilities, and equipment, whether or not related to the establishment or operation of a cable system. **(d) Cable service unprotected by Constitution; blockage of premi

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 544

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 545 — Modification of franchise obligations

Page 295 TITLE 47—TELECOMMUNICATIONS § 545 (ii) to the extent technically and eco- nomically feasible, to offer subscribers the option of having all other channels deliv- ered directly to the subscribers’ television receivers or video cassette recorders with- out passing through the converter box; (C) to promote the commercial avail- ability, from cable operators and retail ven- dors that are not affiliated with cable sys- tems, of converter boxes and of remote con- trol devices compatible with converter boxes; (D) to ensure that any standards or regula- tions developed under the authority of this section to ensure compatibility between televisions, video cassette recorders, and cable systems do not affect features, func- tions, protocols, and other product and serv- ice options other than those specified in paragraph (1)(B), including telecommuni- cations interface equipment, home automa- tion communications, and computer net- work services; (E) to require a cable operator who offers subscribers the option of renting a remote control unit— (i) to notify subscribers that they may purchase a commercially available remote control device from any source that sells such devices rather than renting it from the cable operator; and (ii) to specify the types of remote con- trol units that are compatible with the converter box supplied by the cable oper- ator; and (F) to prohibit a cable operator from tak- ing any action that prevents or in any way disables the converter box supplied by the cable operator from operating compatibly with commercially available remote control units. (d) Review of regulations The Commission shall periodically review and, if necessary, modify the regulations issued pur- suant to this section in light of any actions taken

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 545

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