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47 U.S.C. § 535 — Carriage of noncommercial educational television
Federal law — U.S. Code and appendices · legal_authorities
**(a) Carriage obligations** In addition to the carriage requirements set forth in [section 534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section534&num=0&edition=prelim), each cable operator of a cable system shall carry the signals of qualified noncommercial educational television stations in accordance with the provisions of this section.
**(b) Requirements to carry qualified stations**
(1) **General requirement to carry each qualified station** — Subject to paragraphs (2) and (3) and subsection (e), each cable operator shall carry, on the cable system of that cable operator, any qualified local noncommercial educational television station requesting carriage.
(2) **Systems with 12 or fewer channels**
(A) Notwithstanding paragraph (1), a cable operator of a cable system with 12 or fewer usable activated channels shall be required to carry the signal of one qualified local noncommercial educational television station; except that a cable operator of such a system shall comply with subsection (c) and may, in its discretion, carry the signals of other qualified noncommercial educational television stations.
(B) In the case of a cable system described in subparagraph (A) which operates beyond the presence of any qualified local noncommercial educational television station—
(i) the cable operator shall import and carry on that system the signal of one qualified noncommercial educational television station;
(ii) the selection for carriage of such a signal shall be at the election of the cable operator; and
(iii) in order to satisfy the requirements for carriage specified in this subsection, the cable operator of the system shall not be required to remove any other programming service actually provided to sub
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Source location: Title 47, Chapter 5, § 535; chapter-005-wire-or-radio-communication.md
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**(a) Carriage obligations** In addition to the carriage requirements set forth in [section 534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section534&num=0&edition=prelim), each cable operator of a cable system shall carry the signals of qualified noncommercial educational television stations in accordance with the provisions of this section.
**(b) Requirements to carry qualified stations**
(1) **General requirement to carry each qualified station** — Subject to paragraphs (2) and (3) and subsection (e), each cable operator shall carry, on the cable system of that cable operator, any qualified local noncommercial educational television station requesting carriage.
(2) **Systems with 12 or fewer channels**
(A) Notwithstanding paragraph (1), a cable operator of a cable system with 12 or fewer usable activated channels shall be required to carry the signal of one qualified local noncommercial educational television station; except that a cable operator of such a system shall comply with subsection (c) and may, in its discretion, carry the signals of other qualified noncommercial educational television stations.
(B) In the case of a cable system described in subparagraph (A) which operates beyond the presence of any qualified local noncommercial educational television station—
(i) the cable operator shall import and carry on that system the signal of one qualified noncommercial educational television station;
(ii) the selection for carriage of such a signal shall be at the election of the cable operator; and
(iii) in order to satisfy the requirements for carriage specified in this subsection, the cable operator of the system shall not be required to remove any other programming service actually provided to subscribers on March 29, 1990; except that such cable operator shall use the first channel available to satisfy the requirements of this subparagraph.
(3) **Systems with 13 to 36 channels**
(A) Subject to subsection (c), a cable operator of a cable system with 13 to 36 usable activated channels—
(i) shall carry the signal of at least one qualified local noncommercial educational television station but shall not be required to carry the signals of more than three such stations, and
(ii) may, in its discretion, carry additional such stations.
(B) In the case of a cable system described in this paragraph which operates beyond the presence of any qualified local noncommercial educational television station, the cable operator shall import and carry on that system the signal of at least one qualified noncommercial educational television station to comply with subparagraph (A)(i).
(C) The cable operator of a cable system described in this paragraph which carries the signal of a qualified local noncommercial educational station affiliated with a State public television network shall not be required to carry the signal of any additional qualified local noncommercial educational television stations affiliated with the same network if the programming of such additional stations is substantially duplicated by the programming of the qualified local noncommercial educational television station receiving carriage.
(D) A cable operator of a system described in this paragraph which increases the usable activated channel capacity of the system to more than 36 channels on or after March 29, 1990, shall, in accordance with the other provisions of this section, carry the signal of each qualified local noncommercial educational television station requesting carriage, subject to subsection (e).
**(c) Continued carriage of existing stations** Notwithstanding any other provision of this section, all cable operators shall continue to provide carriage to all qualified local noncommercial educational television stations whose signals were carried on their systems as of March 29, 1990. The requirements of this subsection may be waived with respect to a particular cable operator and a particular such station, upon the written consent of the cable operator and the station.
**(d) Placement of additional signals** A cable operator required to add the signals of qualified local noncommercial educational television stations to a cable system under this section may do so, subject to approval by the franchising authority pursuant to [section 531 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section531&num=0&edition=prelim), by placing such additional stations on public, educational, or governmental channels not in use for their designated purposes.
**(e) Systems with more than 36 channels** A cable operator of a cable system with a capacity of more than 36 usable activated channels which is required to carry the signals of three qualified local noncommercial educational television stations shall not be required to carry the signals of additional such stations the programming of which substantially duplicates the programming broadcast by another qualified local noncommercial educational television station requesting carriage. Substantial duplication shall be defined by the Commission in a manner that promotes access to distinctive noncommercial educational television services.
**(f) Waiver of nonduplication rights** A qualified local noncommercial educational television station whose signal is carried by a cable operator shall not assert any network nonduplication rights it may have pursuant to section 76.92 of title 47, Code of Federal Regulations, to require the deletion of programs aired on other qualified local noncommercial educational television stations whose signals are carried by that cable operator.
**(g) Conditions of carriage**
(1) **Content to be carried** — A cable operator shall retransmit in its entirety the primary video, accompanying audio, and line 21 closed caption transmission of each qualified local noncommercial educational television station whose signal is carried on the cable system, and, to the extent technically feasible, program-related material carried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped persons or for educational or language purposes. Retransmission of other material in the vertical blanking interval or on subcarriers shall be within the discretion of the cable operator.
(2) **Bandwidth and technical quality** — A cable operator shall provide each qualified local noncommercial educational television station whose signal is carried in accordance with this section with bandwidth and technical capacity equivalent to that provided to commercial television broadcast stations carried on the cable system and shall carry the signal of each qualified local noncommercial educational television station without material degradation.
(3) **Changes in carriage** — The signal of a qualified local noncommercial educational television station shall not be repositioned by a cable operator unless the cable operator, at least 30 days in advance of such repositioning, has provided written notice to the station and all subscribers of the cable system. For purposes of this paragraph, repositioning includes (A) assignment of a qualified local noncommercial educational television station to a cable system channel number different from the cable system channel number to which the station was assigned as of March 29, 1990, and (B) deletion of the station from the cable system. The notification provisions of this paragraph shall not be used to undermine or evade the channel positioning or carriage requirements imposed upon cable operators under this section.
(4) **Good quality signal required** — Notwithstanding the other provisions of this section, a cable operator shall not be required to carry the signal of any qualified local noncommercial educational television station which does not deliver to the cable system’s principal headend a signal of good quality or a baseband video signal, as may be defined by the Commission.
(5) **Channel positioning** — Each signal carried in fulfillment of the carriage obligations of a cable operator under this section shall be carried on the cable system channel number on which the qualified local noncommercial educational television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, at the election of the station, or on such other channel number as is mutually agreed upon by the station and the cable operator. Any dispute regarding the positioning of a qualified local noncommercial educational television station shall be resolved by the Commission.
**(h) Availability of signals** Signals carried in fulfillment of the carriage obligations of a cable operator under this section shall be available to every subscriber as part of the cable system’s lowest priced service tier that includes the retransmission of local commercial television broadcast signals.
**(i) Payment for carriage prohibited**
(1) **In general** — A cable operator shall not accept monetary payment or other valuable consideration in exchange for carriage of the signal of any qualified local noncommercial educational television station carried in fulfillment of the requirements of this section, except that such a station may be required to bear the cost associated with delivering a good quality signal or a baseband video signal to the principal headend of the cable system.
(2) **Distant signal exception** — Notwithstanding the provisions of this section, a cable operator shall not be required to add the signal of a qualified local noncommercial educational television station not already carried under the provision of subsection (c), where such signal would be considered a distant signal for copyright purposes unless such station indemnifies the cable operator for any increased copyright costs resulting from carriage of such signal.
**(j) Remedies**
(1) **Complaint** — Whenever a qualified local noncommercial educational television station believes that a cable operator of a cable system has failed to comply with the signal carriage requirements of this section, the station may file a complaint with the Commission. Such complaint shall allege the manner in which such cable operator has failed to comply with such requirements and state the basis for such allegations.
(2) **Opportunity to respond** — The Commission shall afford such cable operator an opportunity to present data, views, and arguments to establish that the cable operator has complied with the signal carriage requirements of this section.
(3) **Remedial actions; dismissal** — Within 120 days after the date a complaint is filed under this subsection, the Commission shall determine whether the cable operator has complied with the requirements of this section. If the Commission determines that the cable operator has failed to comply with such requirements, the Commission shall state with particularity the basis for such findings and order the cable operator to take such remedial action as is necessary to meet such requirements. If the Commission determines that the cable operator has fully complied with such requirements, the Commission shall dismiss the complaint.
**(k) Identification of signals** A cable operator shall identify, upon request by any person, those signals carried in fulfillment of the requirements of this section.
**(l) Definitions** For purposes of this section—
(1) **Qualified noncommercial educational television station** — The term “qualified noncommercial educational television station” means any television broadcast station which—
(A)
(i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and
(ii) has as its licensee an entity which is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in [section 396(k)(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section396/k/6/B&num=0&edition=prelim); or
(B) is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes.
Such term includes (I) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area, (II) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto, and (III) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.
(2) **Qualified local noncommercial educational television station** — The term “qualified local noncommercial educational television station” means a qualified noncommercial educational television station—
(A) which is licensed to a principal community whose reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (as in effect on March 29, 1990), or any successor regulations thereto, is within 50 miles of the principal headend of the cable system; or
(B) whose Grade B service contour, as defined in section 73.683(a) of such title (as in effect on March 29, 1990), or any successor regulations thereto, encompasses the principal headend of the cable system.
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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) Carriage obligations** Each cable operator shall carry, on the cable system of that operator, the signals of local commercial television stations and qualified low power stations as provided by this section. Carriage of additional broadcast television signals on such system shall be at the discretion of such operator, subject to [section 325(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section325/b&num=0&edition=prelim).
**(b) Signals required**
(1) **In general**
(A) A cable operator of a cable system with 12 or fewer usable activated channels shall carry the signals of at least three local commercial television stations, except that if such a system has 300 or fewer subscribers, it shall not be subject to any requirements under this section so long as such system does not delete from carriage by that system any signal of a broadcast television station.
(B) A cable operator of a cable system with more than 12 usable activated channels shall carry the signals of local commercial television stations, up to one-third of the aggregate number of usable activated channels of such system.
(2) **Selection of signals** — Whenever the number of local commercial television stations exceeds the maximum number of signals a cable system is required to carry under paragraph (1), the cable operator shall have discretion in selecting which such stations shall be carried on its cable system, except that—
(A) under no circumstances shall a cable operator carry a qualified low power station in lieu of a local commercial television station; and
(B) if the cable operator elects to carry an affiliate of a broadcast network (as such term is defined by the Commission by regulation), such cable operator shall carry the affiliate of
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 534
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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
**(a) Carriage obligations**
(1) **In general** — Each satellite carrier providing, under [section 122 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section122&num=0&edition=prelim), secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station shall carry upon request the signals of all television broadcast stations located within that local market, subject to [section 325(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section325/b&num=0&edition=prelim).
(2) **Remedies for failure to carry** — In addition to the remedies available to television broadcast stations under [section 501(f) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section501/f&num=0&edition=prelim), the Commission may use the Commission’s authority under this chapter to assure compliance with the obligations of this subsection, but in no instance shall a Commission enforcement proceeding be required as a predicate to the pursuit of a remedy available under such section 501(f).
(3) **Low power station carriage optional** — No low power television station whose signals are provided under section 119(a)(14) 11 See References in Text note below. of title 17 shall be entitled to insist on carriage under this section, regardless of whether the satellite carrier provides secondary transmissions of the primary transmissions of other stations in the same local market pursuant to section 122 of such title, nor shall any such carriage be considered in connection with the requirements of subsection (c) of this section.
(4) **Carriage of signals of local stations in certain markets** — A satellite carrier that off
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 338
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 281
TITLE 47—TELECOMMUNICATIONS
§ 535
REVISION OF RULES
Pub. L. 113–200, title I, § 105(b), Dec. 4, 2014, 128 Stat.
2063, provided that: ‘‘Not later than 90 days after the
date of the enactment of this Act [Dec. 4, 2014], the
[Federal Communications] Commission shall revise
section 76.1601 of its rules (47 CFR 76.1601) and any note
to such section by removing the prohibition against de-
letion or repositioning of a local commercial television
station during a period in which major television rat-
ings services measure the size of audiences of local tel-
evision stations.’’
APPLICATION TO PENDING REQUESTS
Pub. L. 104–104, title III, § 301(d)(2), Feb. 8, 1996, 110
Stat. 116, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall apply to—
‘‘(A) any request pending under section 614(h)(1)(C)
of the Communications Act of 1934 (47 U.S.C.
534(h)(1)(C)) on the date of enactment of this Act
[Feb. 8, 1996]; and
‘‘(B) any request filed under that section after that
date.’’
§ 535. Carriage of noncommercial educational tel-
evision
(a) Carriage obligations
In addition to the carriage requirements set
forth in section 534 of this title, each cable oper-
ator of a cable system shall carry the signals of
qualified noncommercial educational television
stations in accordance with the provisions of
this section.
(b) Requirements to carry qualified stations
(1) General requirement to carry each quali-
fied station
Subject to paragraphs (2) and (3) and sub-
section (e), each cable operator shall carry, on
the cable system of that cable operator, any
qualified local noncommercial educational tel-
evision station requesting carriage.
(2) Systems with 12 or fewer channels
(A) Notwithstanding paragraph (1), a cable
operator of a cab
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 535
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