{"identifier":"/us/usc/t47/s544","title":47,"num":"\u00a7\u202f544.","heading":"Regulation of services, facilities, and equipment","text":"\u00a7\u202f544.\nRegulation of services, facilities, and equipment\n(a)\nRegulation by franchising authority\nAny franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this subchapter.\n(b)\nRequests for proposals; establishment and enforcement of requirements\nIn 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\u2014\n(1) in its request for proposals for a franchise (including requests for renewal proposals, subject to\nsection 546 of this title\n(2) subject to\n(A) for facilities and equipment; and\n(B) for broad categories of video programming or other services.\n(c)\nEnforcement authority respecting franchises effective under prior law\nIn the case of any franchise in effect on the effective date of this subchapter, the franchising authority may, subject to\nsection 545 of this title\n(d)\nCable service unprotected by Constitution; blockage of premium channel upon request\n(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.\n(2) In order to restrict the viewing of of of\n1\n1 So in original.\n(3)\n(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\u2014\n(i) notify all cable subscribers that the cable operator plans to provide a premium channel without charge;\n(ii) notify all cable subscribers when the cable operator plans to offer a premium channel without charge;\n(iii) notify all cable subscribers that they have a right to request that the channel carrying the premium channel be blocked; and\n(iv) block the channel carrying the premium channel upon the request of a subscriber.\n(B) For the purpose of this section, the term \u201cpremium channel\u201d 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\u201317, or R.\n(e)\nTechnical standards\nWithin one year after\nOctober 5, 1992\n(f)\nLimitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions\n(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.\n(2) Paragraph (1) shall not apply to\u2014\n(A) any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on\nSeptember 21, 1983\n(B) any rule, regulation, or order under title 17.\n(g)\nAccess to emergency information\nNotwithstanding 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.\n(h)\nNotice of changes in and comments on services\nA franchising authority may require a cable operator to do any one or more of the following:\n(1) Provide 30 days\u2019 advance written notice of any change in channel assignment or in the video programming service provided over any such channel.\n(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.\n(i)\nDisposition of cable upon termination of service\nWithin 120 days after\nOctober 5, 1992","url":"https://projectusc.org/usc/t47/s544.html","content":[{"t":"sec","id":"/us/usc/t47/s544","children":[{"t":"num","text":"\u00a7\u202f544."},{"t":"heading","text":"Regulation of services, facilities, and equipment"},{"t":"subsec","id":"/us/usc/t47/s544/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Regulation by franchising authority"},{"t":"content","children":[{"t":"p","text":"Any franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Requests for proposals; establishment and enforcement of requirements"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t47/s544/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" in its request for proposals for a franchise (including requests for renewal proposals, subject to ","children":[{"t":"ref","text":"section 546 of this title","href":"/us/usc/t47/s546","tail":"), 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"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s544/b/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" subject to ","children":[{"t":"ref","text":"section 545 of this title","href":"/us/usc/t47/s545","tail":", may enforce any requirements contained within the franchise\u2014"}]},{"t":"subpara","id":"/us/usc/t47/s544/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" for facilities and equipment; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t47/s544/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for broad categories of video programming or other services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Enforcement authority respecting franchises effective under prior law"},{"t":"content","children":[{"t":"p","text":"In the case of any franchise in effect on the effective date of this subchapter, the franchising authority may, subject to ","children":[{"t":"ref","text":"section 545 of this title","href":"/us/usc/t47/s545","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Cable service unprotected by Constitution; blockage of premium channel upon request"},{"t":"para","id":"/us/usc/t47/s544/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s544/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" In order to restrict the viewing of of of\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original.","tail":" 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s544/d/3","children":[{"t":"num","text":"(3)"},{"t":"subpara","id":"/us/usc/t47/s544/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t47/s544/d/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" notify all cable subscribers that the cable operator plans to provide a premium channel without charge;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t47/s544/d/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" notify all cable subscribers when the cable operator plans to offer a premium channel without charge;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t47/s544/d/3/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" notify all cable subscribers that they have a right to request that the channel carrying the premium channel be blocked; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t47/s544/d/3/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" block the channel carrying the premium channel upon the request of a subscriber.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t47/s544/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" For the purpose of this section, the term \u201cpremium channel\u201d 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\u201317, or R.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Technical standards"},{"t":"content","children":[{"t":"p","text":"Within one year after ","children":[{"t":"text","text":"October 5, 1992","tail":", the Commission shall prescribe regulations which establish minimum technical standards relating to cable systems\u2019 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\u2019s use of any type of subscriber equipment or any transmission technology."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions"},{"t":"para","id":"/us/usc/t47/s544/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s544/f/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" Paragraph (1) shall not apply to\u2014"},{"t":"subpara","id":"/us/usc/t47/s544/f/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on ","children":[{"t":"text","text":"September 21, 1983","tail":", 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"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t47/s544/f/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any rule, regulation, or order under title 17.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Access to emergency information"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Notice of changes in and comments on services"},{"t":"chapeau","text":"A franchising authority may require a cable operator to do any one or more of the following:"},{"t":"para","id":"/us/usc/t47/s544/h/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" Provide 30 days\u2019 advance written notice of any change in channel assignment or in the video programming service provided over any such channel.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s544/h/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" Inform subscribers, via written notice, that comments on programming and channel position changes are being recorded by a designated office of the franchising authority.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s544/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Disposition of cable upon termination of service"},{"t":"content","children":[{"t":"p","text":"Within 120 days after ","children":[{"t":"text","text":"October 5, 1992","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}