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

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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Source file: Laws/federal/codes/united-states-code/title-47/section-555-judicial-proceedings--bdc68e710b.md
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Source location: Title 47, Chapter 5, § 555; chapter-005-wire-or-radio-communication.md

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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

28 U.S.C. § 2284 — Three-judge court; when required; composition; procedure

**(a)** A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body. **(b)** In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding. (2) If the action is against a State, or officer or agency thereof, at least five days’ notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State. (3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a prel

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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

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

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

**(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 cab

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 541

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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

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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

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

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

Page 307 TITLE 47—TELECOMMUNICATIONS § 555a STUDY AND REPORT ON EFFECT AND OPERATION OF AMENDMENTS BY SECTION 22 OF PUB. L. 102–385 Pub. L. 102–385, § 22(g), Oct. 5, 1992, 106 Stat. 1500, pro- vided that: ‘‘Not later than 2 years after the date of en- actment of this Act [Oct. 5, 1992], the Commission shall submit to the Congress a report pursuant to a pro- ceeding to review and obtain public comment on the ef- fect and operation of the amendments made by this sec- tion [enacting section 334 of this title and amending this section]. In conducting such review, the Commis- sion shall consider the effectiveness of its procedures, regulations, policies, standards, and guidelines in pro- moting equality of employment opportunity and pro- motion opportunity, and particularly the effectiveness of its procedures, regulations, policies, standards, and guidelines in promoting the congressional policy favor- ing increased employment opportunity for women and minorities in positions of management authority. The Commission shall forward to the Congress such legisla- tive recommendations to improve equal employment opportunity in the broadcasting and cable industries as it deems necessary.’’ § 555. Judicial proceedings (a) Actions to review determinations by fran- chising authorities Any cable operator adversely affected by any final determination made by a franchising au- thority 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

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