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47 U.S.C. § 546 — Renewal
Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement of proceedings; public notice and participation**
(1) A franchising authority may, on its own initiative during the 6-month period which begins with the 36th month before the franchise expiration, commence a proceeding which affords the public in the franchise area appropriate notice and participation for the purpose of (A) identifying the future cable-related community needs and interests, and (B) reviewing the performance of the cable operator under the franchise during the then current franchise term. If the cable operator submits, during such 6-month period, a written renewal notice requesting the commencement of such a proceeding, the franchising authority shall commence such a proceeding not later than 6 months after the date such notice is submitted.
(2) The cable operator may not invoke the renewal procedures set forth in subsections (b) through (g) unless—
(A) such a proceeding is requested by the cable operator by timely submission of such notice; or
(B) such a proceeding is commenced by the franchising authority on its own initiative.
**(b) Submission of renewal proposals; contents; time**
(1) Upon completion of a proceeding under subsection (a), a cable operator seeking renewal of a franchise may, on its own initiative or at the request of a franchising authority, submit a proposal for renewal.
(2) Subject to [section 544 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section544&num=0&edition=prelim), any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system.
(3) The franchising authority may establish a date by which such proposal shall be submitted.
**(c) Notice of proposal; renewal; preliminary assessmen
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Stable record: federal_law:legal_authorities:record_usc_411c57fbc7e47c59e55cdd16
Source file: Laws/federal/codes/united-states-code/title-47/section-546-renewal--34ec253847.md
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Source location: Title 47, Chapter 5, § 546; chapter-005-wire-or-radio-communication.md
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**(a) Commencement of proceedings; public notice and participation**
(1) A franchising authority may, on its own initiative during the 6-month period which begins with the 36th month before the franchise expiration, commence a proceeding which affords the public in the franchise area appropriate notice and participation for the purpose of (A) identifying the future cable-related community needs and interests, and (B) reviewing the performance of the cable operator under the franchise during the then current franchise term. If the cable operator submits, during such 6-month period, a written renewal notice requesting the commencement of such a proceeding, the franchising authority shall commence such a proceeding not later than 6 months after the date such notice is submitted.
(2) The cable operator may not invoke the renewal procedures set forth in subsections (b) through (g) unless—
(A) such a proceeding is requested by the cable operator by timely submission of such notice; or
(B) such a proceeding is commenced by the franchising authority on its own initiative.
**(b) Submission of renewal proposals; contents; time**
(1) Upon completion of a proceeding under subsection (a), a cable operator seeking renewal of a franchise may, on its own initiative or at the request of a franchising authority, submit a proposal for renewal.
(2) Subject to [section 544 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section544&num=0&edition=prelim), any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system.
(3) The franchising authority may establish a date by which such proposal shall be submitted.
**(c) Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision**
(1) Upon submittal by a cable operator of a proposal to the franchising authority for the renewal of a franchise pursuant to subsection (b), the franchising authority shall provide prompt public notice of such proposal and, during the 4-month period which begins on the date of the submission of the cable operator’s proposal pursuant to subsection (b), renew the franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with paragraph (2) to consider whether—
(A) the cable operator has substantially complied with the material terms of the existing franchise and with applicable law;
(B) the quality of the operator’s service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs;
(C) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator’s proposal; and
(D) the operator’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.
(2) In any proceeding under paragraph (1), the cable operator shall be afforded adequate notice and the cable operator and the franchise authority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (a)), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding.
(3) At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor.
**(d) Basis for denial** Any denial of a proposal for renewal that has been submitted in compliance with subsection (b) shall be based on one or more adverse findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1), pursuant to the record of the proceeding under subsection (c). A franchising authority may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (c)(1)(A) or on events considered under subsection (c)(1)(B) in any case in which a violation of the franchise or the events considered under subsection (c)(1)(B) occur after the effective date of this subchapter unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the franchising authority has waived its right to object, or the cable operator gives written notice of a failure or inability to cure and the franchising authority fails to object within a reasonable time after receipt of such notice.
**(e) Judicial review; grounds for relief**
(1) Any cable operator whose proposal for renewal has been denied by a final decision of a franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure 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) The court shall grant appropriate relief if the court finds that—
(A) any action of the franchising authority, other than harmless error, is not in compliance with the procedural requirements of this section; or
(B) in the event of a final decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse finding of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection (c)(1) on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c).
**(f) Finality of administrative decision** Any decision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed.
**(g) “Franchise expiration” defined** For purposes of this section, the term “franchise expiration” means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on October 30, 1984.
**(h) Alternative renewal procedures** Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a franchising authority may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (g).
**(i) Effect of renewal procedures upon action to revoke franchise for cause** Notwithstanding the provisions of subsections (a) through (h), any lawful action to revoke a cable operator’s franchise for cause shall not be negated by the subsequent initiation of renewal proceedings by the cable operator under this section.
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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
**(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
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) 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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) the term “activated channels” means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use;
(2) the term “affiliate”, when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person;
(3) the term “basic cable service” means any service tier which includes the retransmission of local television broadcast signals;
(4) the term “cable channel” or “channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation);
(5) the term “cable operator” means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
(6) the term “cable service” means—
(A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and
(B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;
(7) the term “cable system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which incl
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 522
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to establish requirements with respect to designation or use of channel capacity** A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section.
**(b) Authority to require designation for public, educational, or governmental use** A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator’s proposal for a franchise renewal, subject to [section 546 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section546&num=0&edition=prelim), that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section.
**(c) Enforcement authority** A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b).
**(d) Promulgation of rules and procedures** In the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe—
(1) rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services i
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to promote competition in the delivery of diverse sources of video programming and to assure that the widest possible diversity of information sources are made available to the public from cable systems in a manner consistent with growth and development of cable systems.
**(b) Designation of channel capacity for commercial use**
(1) A cable operator shall designate channel capacity for commercial use by persons unaffiliated with the operator in accordance with the following requirements:
(A) An operator of any cable system with 36 or more (but not more than 54) activated channels shall designate 10 percent of such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation.
(B) An operator of any cable system with 55 or more (but not more than 100) activated channels shall designate 15 percent of such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation.
(C) An operator of any cable system with more than 100 activated channels shall designate 15 percent of all such channels.
(D) An operator of any cable system with fewer than 36 activated channels shall not be required to designate channel capacity for commercial use by persons unaffiliated with the operator, unless the cable system is required to provide such channel capacity under the terms of a franchise in effect on October 30, 1984.
(E) An operator of any cable system in operation on October 30, 1984, shall not be required to remove any service actually being provided on July 1, 1984, in order to comply with this section, but shall make channel capacity available for commercial use as such capacity becomes available until such ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 532
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) Franchising authority enforcement** A franchising authority may establish and enforce—
(1) customer service requirements of the cable operator; and
(2) construction schedules and other construction-related requirements, including construction-related performance requirements, of the cable operator.
**(b) Commission standards** The Commission shall, within 180 days of October 5, 1992, establish standards by which cable operators may fulfill their customer service requirements. Such standards shall include, at a minimum, requirements governing—
(1) cable system office hours and telephone availability;
(2) installations, outages, and service calls; and
(3) communications between the cable operator and the subscriber (including standards governing bills and refunds).
**(c) Subscriber notice** A cable operator may provide notice of service and rate changes to subscribers using any reasonable written means at its sole discretion. Notwithstanding [section 543(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section543/b/6&num=0&edition=prelim) or any other provision of this chapter, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber.
**(d) Consumer protection laws and customer service agreements**
(1) **Consumer protection laws** — Nothing in this subchapter shall be construed to prohibit any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted by this subchapter.
(2) **Customer serv
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 552
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 296
TITLE 47—TELECOMMUNICATIONS
§ 546
(c) Rearrangement, replacement, or removal of
service
Notwithstanding subsections (a) and (b), a
cable operator may, upon 30 days’ advance no-
tice to the franchising authority, rearrange, re-
place, or remove a particular cable service re-
quired 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, 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 adjust-
ment.
(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 rear-
range 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 sec-
tion 543 of this title.
(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 serv-
ices relating to public, educational, or govern-
mental access.
(f) ‘‘Commercially impracticable’’ defined
For purposes of this section, the term ‘‘com-
mercially 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
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 546
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.