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47 U.S.C. § 541 — General franchise requirements

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

47 U.S.C. § 541 — General franchise requirements

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Stable record: federal_law:legal_authorities:record_usc_628f8aa3a473ecbafe5a74e3
Source file: Laws/federal/codes/united-states-code/title-47/section-541-general-franchise-requirements--c03feab33a.md
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Source location: Title 47, Chapter 5, § 541; chapter-005-wire-or-radio-communication.md

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**(a) Authority to award franchises; public rights-of-way and easements; equal access to service; time for provision of service; assurances** (1) A franchising authority may award, in accordance with the provisions of this subchapter, 1 or more franchises within its jurisdiction; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision 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) for failure to comply with this subsection. (2) Any franchise shall be construed to authorize the construction of a cable system over public rights-of-way, and through easements, which is within the area to be served by the cable system and which have been dedicated for compatible uses, except that in using such easements the cable operator shall ensure— (A) that the safety, functioning, and appearance of the property and the convenience and safety of other persons not be adversely affected by the installation or construction of facilities necessary for a cable system; (B) that the cost of the installation, construction, operation, or removal of such facilities be borne by the cable operator or subscriber, or a combination of both; and (C) that the owner of the property be justly compensated by the cable operator for any damages caused by the installation, construction, operation, or removal of such facilities by the cable operator. (3) In awarding a franchise or franchises, a franchising authority shall assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. (4) In awarding a franchise, the franchising authority— (A) shall allow the applicant’s cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area; (B) may require adequate assurance that the cable operator will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support; and (C) may require adequate assurance that the cable operator has the financial, technical, or legal qualifications to provide cable service. **(b) No cable service without franchise; exception under prior law** (1) Except to the extent provided in paragraph (2) and subsection (f), a cable operator may not provide cable service without a franchise. (2) Paragraph (1) shall not require any person lawfully providing cable service without a franchise on July 1, 1984, to obtain a franchise unless the franchising authority so requires. (3) (A) If a cable operator or affiliate thereof is engaged in the provision of telecommunications services— (i) such cable operator or affiliate shall not be required to obtain a franchise under this subchapter for the provision of telecommunications services; and (ii) the provisions of this subchapter shall not apply to such cable operator or affiliate for the provision of telecommunications services. (B) A franchising authority may not impose any requirement under this subchapter that has the purpose or effect of prohibiting, limiting, restricting, or conditioning the provision of a telecommunications service by a cable operator or an affiliate thereof. (C) A franchising authority may not order a cable operator or affiliate thereof— (i) to discontinue the provision of a telecommunications service, or (ii) to discontinue the operation of a cable system, to the extent such cable system is used for the provision of a telecommunications service, by reason of the failure of such cable operator or affiliate thereof to obtain a franchise or franchise renewal under this subchapter with respect to the provision of such telecommunications service. (D) Except as otherwise permitted by sections 531 and 532 of this title, a franchising authority may not require a cable operator to provide any telecommunications service or facilities, other than institutional networks, as a condition of the initial grant of a franchise, a franchise renewal, or a transfer of a franchise. **(c) Status of cable system as common carrier or utility** Any cable system shall not be subject to regulation as a common carrier or utility by reason of providing any cable service. **(d) Informational tariffs; regulation by States; “State” defined** (1) A State or the Commission may require the filing of informational tariffs for any intrastate communications service provided by a cable system, other than cable service, that would be subject to regulation by the Commission or any State if offered by a common carrier subject, in whole or in part, to subchapter II of this chapter. Such informational tariffs shall specify the rates, terms, and conditions for the provision of such service, including whether it is made available to all subscribers generally, and shall take effect on the date specified therein. (2) Nothing in this subchapter shall be construed to affect the authority of any State to regulate any cable operator to the extent that such operator provides any communication service other than cable service, whether offered on a common carrier or private contract basis. (3) For purposes of this subsection, the term “State” has the meaning given it in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim). **(e) State regulation of facilities serving subscribers in multiple dwelling units** Nothing in this subchapter shall be construed to affect the authority of any State to license or otherwise regulate any facility or combination of facilities which serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management and which does not use any public right-of-way. **(f) Local or municipal authority as multichannel video programming distributor** No provision of this chapter shall be construed to— (1) prohibit a local or municipal authority that is also, or is affiliated with, a franchising authority from operating as a multichannel video programming distributor in the franchise area, notwithstanding the granting of one or more franchises by such franchising authority; or (2) require such local or municipal authority to secure a franchise to operate as a multichannel video programming distributor.

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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.

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

47 U.S.C. § 153 — Definitions

For the purposes of this chapter, unless the context otherwise requires— (1) **Advanced communications services** — The term “advanced communications services” means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used. (2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. (3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982. (5) **Bell operating company** — The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,

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

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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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.

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

47 U.S.C. § 325 — False, fraudulent, or unauthorized transmissions

**(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

47 U.S.C. § 541 — General franchise requirements

Page 284 TITLE 47—TELECOMMUNICATIONS § 537 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. § 537. Sales of cable systems A franchising authority shall, if the franchise requires franchising authority approval of a sale or transfer, have 120 days to act upon any re- quest for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with Commission regulations and by the franchising authority. If the franchising authority fails to render a final decision on the request within 120 days, such re- quest shall be deemed granted unless the re- questing party and the franchising authority agree to an extension of time. (June 19, 1934, ch. 652, title VI, § 617, as added Pub. L. 102–385, § 13, Oct. 5, 1992, 106 Stat. 1489; amended Pub. L. 104–104, title III, § 301(i), Feb. 8, 1996, 110 Stat. 117.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–104 redesignated subsec. (e) as entire section, substituted ‘‘A franchising authority’’ for ‘‘LIMITATION ON DURATION OF FRANCHISING AUTHORITY POWER TO DISAPPROVE TRANSFERS.—In the case of any sale or transfer of ownership of any cable system after the 36-month period following acquisition of such sys- tem, a franchising authority’’, and struck out subsecs. (a) to (d) which related to three-year holding period re- quirement, treatment of multiple transfers, exceptions to holding requirement, and waiver authority. 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 Am

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