Cable Television Consumer Protection Act of 1989

Cable Television Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to authorize a franchising authority to regulate rates of a cable system for the provision of basic cable and for installing or renting equipment necessary for the receipt of such services if the franchise authority determines that the cable system is not subject to effective competition. Presumes effective competition if: (1) fewer than 30 percent of the households in the cable community subscribe to the cable service of such cable system; or (2) the cable community is served by more than one multichannel video programming distributor (MVPD). Outlines the circumstances under which a cable community shall be considered to be served by more than one MVPD. Requires a franchising authority authorized to regulate rates to establish a fair and efficient method for such regulation, in consultation with the Federal Communications Commission (FCC) and the operator of any affected cable system.

Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local broadcast stations (local non-cable stations) in accordance with this Act. Requires each participating operator to carry a specified number of qualified local broadcast stations, such number increasing with the amount of usable activated channels of such participating operator. Requires, among the signals of qualified local broadcast stations to be carried by each participating operator, the carriage of signals of at least: (1) one qualified noncommercial educational television station for an operator with fewer than 54 usable activated channels; and (2) two such stations for an operator with 54 or more usable active channels. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires, when feasible, the signal of the qualified local broadcast station on the cable system to be carried on the same channel on which the local broadcast station is normally carried over the air or upon a channel mutually agreed upon by the broadcaster and the principal operator. Outlines other required standards for the retransmission by a principal operator of the qualified local broadcast stations required under this Act. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced tier of basic cable service offered by the participating operator. Requires a participating operator to: (1) identify, upon request, those local broadcast signals carried on its system in fulfillment of requirements of this Act; and (2) provide written notice to a qualified local broadcast station, the franchising authority of such cable system, and subscribers of such system at least 30 days prior to either deleting or repositioning such signal on its cable system. Prohibits a participating operator from accepting money or other consideration for the carriage of local broadcast signals as required under this Act.

Authorizes a qualified local broadcast station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints.

Amends provisions concerning renewal of cable television franchises to direct the franchising authority to issue written requests for: (1) a renewal proposal from the incumbent cable operator; and (2) proposals for a new franchise from any other person who notifies the franchising authority of its interest in providing cable service in the relevant area. Directs the franchising authority to provide prompt public notice of all cable franchise proposals received and to commence an administrative proceeding to determine the disposition of each such proposal. Outlines factors to be considered by the franchising authority in determining the disposition of such proposals, including the quality, reasonableness, and compliance of such proposals with community standards as well as standards of existing franchise law and regulations. Requires the franchising authority to issue a written decision to parties submitting proposals. Requires a franchising authority to grant an incumbent cable operator's renewal proposal if the franchising authority finds that the operator's performance and proposal satisfy all applicable standards. Repeals current provisions under the Communications Act of 1934 concerning the proper bases for denial of a proposal for renewal of a cable franchise.

Provides that, in any First Amendment claim against a franchising authority or governmental entity arising from the regulation of cable communications or a decision to grant or deny a franchise or otherwise regulate a cable operator, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees, except to the extent that such a claim involves activities of such authority or entity as an owner of a cable system.

Requires a franchising authority, in establishing cable franchise requirements, to specifically identify those broad categories of programming and other services that are essential to the operation of a cable system in the public interest in that community, including broadcasting in a foreign language or towards a particular minority group. Authorizes any person aggrieved by the failure of a cable operator to meet the required technical standards of a franchise to petition the FCC for an order compelling compliance with such standards.

Prohibits any entity engaged in the production, creation, or distribution of video programming that is owned or controlled by, or affiliated with, one or more cable systems from discriminating in the price, terms, or availability of its programming among cable systems, cable operators, or other MVPDs who purchase such programming for delivery to consumers. Allows such person to impose reasonable, nondiscriminatory requirements for creditworthiness, service, and financial stability, and allows price differentials which are attributable to cost differentials in the creation, sale, delivery, or transmission of such programming or which are made in good faith to meet the low price of a competitor.

Prohibits, after October 31, 1989, any cable operator from controlling cable systems that individually or collectively provide service to more than 15 percent of all cable subscribers in the United States. Provides an exception for a cable operator who already controls 15 percent or more of such service on such date if that operator: (1) does not acquire additional interests in cable systems; and (2) reduces its interest so that, within one year after the enactment of this Act, such percentage is within that permitted. Authorizes the FCC to waive such prohibition in individual cases for up to six months.

Provides that any civil action challenging the provision of this Act relating to the carriage of local broadcast signals by cable operators shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding.