Cable Television Consumer Protection and Competition Act of 1990

Cable Television Consumer Protection and Competition Act of 1990 - Amends the Communications Act of 1934 to make certain findings with regard to cable television programming, competition, and Government regulation.

Prohibits a Federal agency or a State from regulating the rates for the provision of cable service, except as provided under this Act. Authorizes a cable television franchising authority to regulate such rates, but only as provided under this Act.

Directs the Federal Communications Commission (FCC) to establish: (1) a formula to establish the maximum price of basic tier service; (2) a formula to establish the price for installation and lease of the minimum equipment necessary for subscribers to receive the basic service tier; (3) standards concerning the lease or purchase price of converter boxes and remote controls; (4) a formula to identify and allocate costs attributable to satisfying franchise requirements to support public, educational, and governmental channels, along with procedures for the cable operator to recover such costs; (5) additional standards and guidelines to implement regulations prescribed by the FCC; and (6) effective dates for compliance with such formulas, standards, and guidelines.

Requires each cable operator to offer its subscribers a separately available basic service tier to which the minimum rates shall apply and to which subscription is required for access to all other tiers of service. Requires such basic service tier to include any public, educational, and governmental access programming required by the franchise of the cable system. States that such requirements shall not apply to a cable system with 12 or fewer usable activated channels that has 300 or fewer subscribers so long as such system does not delete carriage of any signal of a broadcast television station. Prohibits a cable operator from adding any video programming to the basic tier that is not a signal or programming required to be included in the basic tier package. Allows certain nonprofit television programming to be carried on such basic tier as long as the organization producing such programming is not required to pay Federal income taxes and does not carry advertising. States that basic tier provisions of this Act shall also not apply to a cable system entering a cable television rate regulation agreement before July 1, 1990, where such system was not subject to effective competition. Allows for the continued carriage of basic tier services in the case of a cable operator that offered subscribers a tier of programming as of January 1, 1990, consisting of signals and programming essentially permitted under this Act. Authorizes a cable operator already providing such programming to provide for a rate formula adjustment or a cable television programming retiring to comply with the requirements of this section.

Directs the FCC to establish: (1) criteria for identifying rates for cable programming services that are unreasonable or abusive; (2) fair and expeditious procedures for the receipt, consideration, and resolution of complaints alleging that a rate for cable programming services violates the criteria established; and (3) the procedures to be used to reduce rates determined by the FCC to be unreasonable or abusive. Outlines factors to be considered in determining the reasonableness of such rates and limits complaints permitted concerning rates existing before the effective date of such regulations. Prohibits discrimination among customers of basic cable service. Requires the regulation and installation of equipment necessary for the provision of such services to the hearing-impaired. Directs the FCC to require cable systems to file certain financial information annually with the FCC and requires a report from the FCC to the Congress. Requires the FCC to establish standards, guidelines, and procedures to prevent evasion of rates, services, and other requirements of this section.

Requires each cable operator to carry the signals of a specified number of qualified noncommercial television stations (QNTS), such number increasing with the number of usable activated channels offered by the cable system (ranging from one for a system with 12 or fewer activated channels to three for a system with more than 36 usable activated channels). Requires a cable system with 13 to 36 activated channels to carry at least one QNTS. Provides that duplication of affiliates of State public television networks is not required of a cable operator.

Requires each cable operator to carry in its entirety the primary video and audio transmission of each QNTS carried on its system, as well as material necessary for the receipt of such programming by handicapped persons or for educational or language purposes. Outlines other signal carriage requirements required of a cable operator with regard to QNTS, including: (1) signal integrity; (2) channel assignments (requiring notice if a QNTS is repositioned by a cable operator); and (3) signal quality responsibilities of the QNTS. Prohibits a cable system from accepting monetary payments or other valuable consideration (except for signal quality costs) in exchange for the carriage of a QNTS. Exempts a cable operator from being required to carry a QNTS where the payment of copyright charges as a distant signal would be required of the cable operator. Requires a cable operator to identify upon request those signals carried in fulfillment of the above requirements.

Outlines remedies available to a QNTS when it believes that a cable operator has failed to meet carriage requirements outlined in this Act, requiring the cable operator to be notified of the allegation, a response from the cable operator, and review of such complaint by the FCC.

Requires cable operators that provide basic tier service to carry the signals of all qualified local television stations (QLTS) in accordance with the following provisions: (1) cable operators with more than 12 usable activated channels must carry a minimum number of QLTS (ranging from five QLTS for such operators with 13 to 20 usable activated channels to 25 percent of channel capacity for cable operators with more than 125 usable activated channels); (2) the cable operator must have complete discretion in selecting which QLTS signals shall be carried on its system, with specified exceptions, after such operator has met the minimum required number of QLTS for its amount of usable activated channels; (3) cable operators must carry in its entirety the primary video and audio transmission of each QLTS carried; (4) signals of a QLTS must be carried by the cable operator without material degradation; (5) duplicate QLTS need not be carried by a participating cable operator; (6) the channel position of a QLTS must be a current one or one mutually agreed upon by the participating cable operator and the QLTS, with a specified exception; (7) a participating cable operator shall identify upon request those signals carried in fulfillment of its requirements; and (8) a participating cable operator shall provide written notice to a QLTS that such channel is being repositioned or deleted. Prohibits a cable system from accepting or requesting monetary payment or other valuable consideration in exchange for the carriage of a signal of a QLTS under these provisions, except for certain administrative costs.

Outlines remedies and procedures available to a QLTS when it believes that a cable system has failed to meet such requirements, requiring the cable operator to be notified of the allegation, to respond to such allegation, review by the FCC of such complaint, and remedial actions to be taken by the cable operator in a finding of noncompliance with such requirements. Defines a minimum viewership standard that must be achieved by a qualified local commercial television station in order to be required to be carried by the cable operator in accordance with this Act. Provides viewership standards requirements for new stations commencing operations and otherwise meeting requirements of a local commercial television station. States that the viewership standards requirements shall not apply with respect to carriage of a special format or minority station that otherwise meets the requirements of a local television station. States that compliance with viewership standards requirements shall be demonstrated on the basis of an independent survey of noncable homes. Abolishes rules requiring cable operators to provide, or provide information to subscribers on, input selector switches or comparable devices.

Directs the FCC to establish standards by which cable operators may fulfill their customer service requirements. Requires such standards to govern cable system office hours and telephone availability, installations, outages and service calls, and communications (including bills and refunds) between the cable operator and the customer. Requires the FCC to determine: (1) whether equipment standards are necessary to permit the commercial availability of converter boxes and remote controls compatible with cable systems; and (2) feasibility of including converter and addressability technology for cable systems and other multichannel video systems in television receivers shipped in interstate commerce or imported from any foreign country for sale or resale to the public.

Directs the FCC to prescribe regulations which establish minimum technical standards relating to the facilities and equipment of cable systems suitable to ensure adequate technical operation and signal quality. Requires such standards to be periodically updated to reflect improvements in technology.

Requires the FCC to prescribe regulations to prohibit any video programming vendor in which a multichannel video system operator has an attributable interest, and that licenses video programming for national distribution, from unreasonably refusing to deal with any multichannel video system operator with respect to the provision of video programming. Outlines, with respect to such video programming distributors, provisions concerning: (1) affirmative defenses; (2) remedies for violations of prescribed regulations; (3) enforcement by the Commission; (4) termination of such regulations either nine years after enactment of this Act or an earlier date as determined by the FCC; (5) required reports; and (6) exemptions from such prescribed regulations.

Requires the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programming vendors. Specifies prohibitions to be included in such regulations relating to discrimination, conflicting financial interests, exclusivity, and appropriate penalties.

Provides that any person who encrypts (puts together as a coded commercial package) any satellite-delivered television programming shall: (1) make such programming available for private viewing by home satellite antenna users; and (2) when making such program available through any other person for distribution through any medium, establish reasonable and nondiscriminatory criteria and requirements for the distribution of such programming to home satellite antenna users, and establish terms and conditions for the wholesale distribution of such programming to distributors for cable television subscribers and distributors to home satellite antenna users (with specified exceptions). Provides remedies for violations of such requirements.

Empowers the FCC to make such rules and regulations as necessary to ensure that satellite stations receiving signals in the megahertz band used for private viewing are not unduly restricted from being used for the reception of television programming services.

Directs the FCC to initiate an inquiry and rulemaking proceeding to determine: (1) the technical feasibility of using smaller C-band home satellite dish receivers than are used today; (2) the extent to which existing FCC rules and regulations act as a barrier to the use of such smaller dishes; (3) the extent to which local zoning, construction, or other regulations have acted as a ban to the successful development of the C-band satellite television delivery service; and (4) the extent to which smaller dish sizes might overcome such local barriers. Directs the FCC to amend any of its own policies, rules, or regulations found to hinder the development and use of the smaller satellite dishes.

Directs the FCC, after notice and opportunity for hearing, to prescribe revisions to standards and rules concerning equal employment opportunity under the Communication Act of 1934 in order to implement the amendments made by this Act. Requires such revisions to be designed to promote equality of employment opportunities for females and minorities within any corporation, partnership, joint-stock company, or trust engaged primarily in the management or operation of any cable system. Lists specified positions to which such equal opportunity requirements shall apply, ranging from corporate officers to unskilled laborers and service workers. Requires work groups within such cable entities with more than five full-time employees to file with the FCC an annual statistical report identifying by race, sex, and job title the number of employees in each category covered under the equal opportunity requirements. Outlines other report requirements and increases the fines for failure to use best efforts in meeting such equal opportunity requirements. Requires the FCC to report to the Congress on the effect and operation of procedures, regulations, policies, standards, and guidelines concerning equal employment opportunity in the broadcasting industry. Directs the FCC to prescribe rules and regulations concerning the disposition of cable installed by the cable operator within the premises of a subscriber after the subscriber terminates cable service.

Prohibits a cable operator from selling a cable system for three years after its acquisition. Provides for the treatment of multiple transfers of systems. Provides exceptions to such regulation and allows the FCC to waive such requirement in the public interest. Limits to 120 days a franchising authority's power to disapprove the sale of a cable system by an operator who has held such system for three years.

Directs the FCC to establish: (1) a formula for determining the maximum rates which a cable operator may establish for commercial use of its cable channels; (2) standards concerning the terms and conditions which may be established; and (3) standards concerning methods for collection and billing for commercial use of channel capacity made available for such purpose.

Allows a cable operator required to designate channel capacity for commercial use to use any such channel capacity for the provision of programming from a qualified minority programming source, whether or not such source is affiliated with the cable operator. Limits to 33 percent of overall channel capacity the capacity permitted to be used by such source. Defines a qualified minority programming source as a source that devotes significantly all of its programming to coverage of minority viewpoints or to programming directed at members of minority groups and that is over 50 percent minority-owned.

Prohibits any cable system in the United States from being owned or otherwise controlled by any alien, foreign representative, or foreign corporation or interest as defined in the Communications Act of 1934. Makes exceptions for current foreign or alien ownership and in certain cases where such a corporation already owns two or more systems and seeks to add another.

Increases the civil and criminal penalties for the unauthorized reception of cable television service.

Directs the FCC to conduct a review of, and make a report on, whether it is necessary or appropriate in the public interest to prohibit or constrain acts and practices that may unreasonably restrict diversity and competition in the market for video programming. Directs the FCC to initiate a rulemaking proceeding to impose public interest or other requirements on direct satellite systems providing video programming that are not regulated as a common carrier under the Communications Act of 1934.

Directs the FCC to require, as a condition of initial authorization or renewal for a direct broadcast satellite service providing video programming, that the provider of such service reserve not less than four or more than seven percent of the channel capacity of such service exclusively for noncommercial public service uses.

Establishes a study panel to report to the Congress recommendations on: (1) methods and strategies for promoting the development of programming for transmission over the public use channels; (2) methods and criteria for selecting programming for such channels that avoid conflicts of interest and the exercise of editorial control by the direct broadcast satellite service provider; and (3) existing and potential sources of funding for administrative and production costs for such public use programming.

Directs the FCC to report to specified congressional committees concerning the effects of exclusive licensing arrangements for video programming on competition between classes of multichannel video system operators.

Directs the FCC to study and report to the Congress on the status, direction, and future of the video marketplace in the United States, identifying the principal factors that are and will continue to influence the development of the video marketplace for the remainder of this century.

Requires the FCC to initiate an inquiry and rulemaking to examine the feasibility of providing access to network and independent broadcasting station signals to subscribers to direct broadcast satellite service that cannot receive such signals over the air from a local licensee or from a cable system.

Requires the FCC to report to the Congress on whether, and under what conditions, low power television stations which provide local origination programming should be entitled to carriage on cable systems whose service area encompasses the service area to which a low power television station is licensed. Requires the FCC to provide an opportunity for public comment on such issue and to take into account certain factors for consideration in preparing its report.