Browse Arkansas Code titles and sections

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

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

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

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

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: 9c7c833b29719b2e3b50b983cce92b0e1de390dbfe4e608dad12358d3b1bb2d8. 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_c66b736e7f10645e139682b2
Source file: Laws/federal/codes/united-states-code/title-47/section-544-regulation-of-services-facilities-and-equipment--c5050dc19c.md
Pages: Not recorded – Not recorded
Passage SHA-256: b185de7b4858905991f8bad971376d04f09173acc1fc5c720b1170ed9e33ccef

Source location: Title 47, Chapter 5, § 544; chapter-005-wire-or-radio-communication.md

Stored source content

**(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 premium channel upon request** (1) Nothing in this subchapter shall be construed as prohibiting a franchising authority and a cable operator from specifying, in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions, if such cable services are obscene or are otherwise unprotected by the Constitution of the United States. (2) In order to restrict the viewing of of of 11 So in original. programming which is obscene or indecent, upon the request of a subscriber, a cable operator shall provide (by sale or lease) a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. (3) (A) If a cable operator provides a premium channel without charge to cable subscribers who do not subscribe to such premium channel, the cable operator shall, not later than 30 days before such premium channel is provided without charge— (i) notify all cable subscribers that the cable operator plans to provide a premium channel without charge; (ii) notify all cable subscribers when the cable operator plans to offer a premium channel without charge; (iii) notify all cable subscribers that they have a right to request that the channel carrying the premium channel be blocked; and (iv) block the channel carrying the premium channel upon the request of a subscriber. (B) For the purpose of this section, the term “premium channel” shall mean any pay service offered on a per channel or per program basis, which offers movies rated by the Motion Picture Association of America as X, NC–17, or R. **(e) Technical standards** Within one year after October 5, 1992, the Commission shall prescribe regulations which establish minimum technical standards relating to cable systems’ technical operation and signal quality. The Commission shall update such standards periodically to reflect improvements in technology. No State or franchising authority may prohibit, condition, or restrict a cable system’s use of any type of subscriber equipment or any transmission technology. **(f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions** (1) Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter. (2) Paragraph (1) shall not apply to— (A) any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on September 21, 1983, or (ii) may be amended after such date if the rule, regulation, or order as amended is not inconsistent with the express provisions of this subchapter; and (B) any rule, regulation, or order under title 17. **(g) Access to emergency information** Notwithstanding any such rule, regulation, or order, each cable operator shall comply with such standards as the Commission shall prescribe to ensure that viewers of video programming on cable systems are afforded the same emergency information as is afforded by the emergency broadcasting system pursuant to Commission regulations in subpart G of part 73, title 47, Code of Federal Regulations. **(h) Notice of changes in and comments on services** A franchising authority may require a cable operator to do any one or more of the following: (1) Provide 30 days’ advance written notice of any change in channel assignment or in the video programming service provided over any such channel. (2) Inform subscribers, via written notice, that comments on programming and channel position changes are being recorded by a designated office of the franchising authority. **(i) Disposition of cable upon termination of service** Within 120 days after October 5, 1992, the Commission shall prescribe rules concerning the disposition, after a subscriber to a cable system terminates service, of any cable installed by the cable operator within the premises of such subscriber.

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

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

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 545

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

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

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

47 U.S.C. § 546 — Renewal

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 546

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

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

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

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

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

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

Page 292 TITLE 47—TELECOMMUNICATIONS § 544 service and other cable programming, and for converter boxes, remote control units, and other equipment, of— ‘‘(1) cable systems that the Commission has found are subject to effective competition under subsection (a)(2) of this section, compared with ‘‘(2) cable systems that the Commission has found are not subject to such effective competition.’’ Subsec. (o). Pub. L. 113–200, § 111, added subsec. (o). 1996—Subsec. (a)(7). Pub. L. 104–104, § 301(j), added par. (7). Subsec. (c)(1)(B). Pub. L. 104–104, § 301(b)(1)(A), sub- stituted ‘‘franchising authority (in accordance with paragraph (3))’’ for ‘‘subscriber, franchising authority, or other relevant State or local government entity’’. Subsec. (c)(1)(C). Pub. L. 104–104, § 301(b)(1)(B), sub- stituted ‘‘the first complaint filed with the franchising authority under paragraph (3)’’ for ‘‘such complaint’’. Subsec. (c)(3), (4). Pub. L. 104–104, § 301(b)(1)(C), added pars. (3) and (4) and struck out heading and text of former par. (3). Text read as follows: ‘‘Except during the 180-day period following the effective date of the regulations prescribed by the Commission under para- graph (1), the procedures established under subpara- graph (B) of such paragraph shall be available only with respect to complaints filed within a reasonable pe- riod of time following a change in rates that is initi- ated after that effective date, including a change in rates that results from a change in that system’s serv- ice tiers.’’ Subsec. (d). Pub. L. 104–104, § 301(b)(2), inserted at end ‘‘This subsection does not apply to (1) a cable operator with respect to the provision of cable service over its cable system in any geographic area in which the video programming services offere

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 544

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.