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 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 constitu- tionality 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. (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 unconstitu- tional 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. (June 19, 1934, ch. 652, title VI, § 635, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 102–385, §§ 7(a)(2), 23, 24(b), Oct. 5, 1992, 106 Stat. 1483, 1500, 1501.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–385, § 7(a)(2), inserted ‘‘541(a)(1),’’ after ‘‘section’’. Subsec. (b). Pub. L. 102–385, § 24(b), inserted ‘‘and with the provisions of subsection (a)’’ after ‘‘subsection (a)’’. Subsec. (c). Pub. L. 102–385, § 23, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as a note under section 325 of this title. EFFECTIVE DATE Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title. § 555a. Limitation of franchising authority liabil- ity (a) Suits for damages prohibited In any court proceeding pending on or initi- ated after October 5, 1992, involving any claim against a franchising authority or other govern- mental entity, or any official, member, em- ployee, or agent of such authority or entity, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amend- ment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State, or local law, shall be limited to injunctive relief and declaratory relief. (b) Exception for completed cases The limitation contained in subsection (a) shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer sub- ject to appeal, to be in violation of a cable oper- ator’s rights. (c) Discrimination claims permitted Nothing in this section shall be construed as limiting the relief authorized with respect to any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves dis- crimination on the basis of race, color, sex, age, religion, national origin, or handicap. (d) Rule of construction Nothing in this section shall be construed as creating or authorizing liability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity. (June 19, 1934, ch. 652, title VI, § 635A, as added Pub. L. 102–385, § 24(a), Oct. 5, 1992, 106 Stat. 1500.) 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.