To protect the cable consumer.
Cable Consumer Protection Act of 1991 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) or a certified cable television franchising authority to regulate the rates for the provision of basic cable service. Authorizes a franchising authority, after certification to the FCC, to regulate such rates of any cable system which is not subject to effective competition. Defines "effective competition" to mean that: (1) fewer than 30 percent of the households in such cable community subscribe to the cable service of such cable system; or (2) the cable community is served by at least two unaffiliated multichannel video programming distributors meeting specified minimum requirements. Requires the FCC to ensure that rates for basic cable service in any cable system not subject to either effective competition or regulation by a franchising authority are reasonable. Outlines procedures under which a franchising authority shall be deemed via certification to the FCC to be authorized to regulate rates for basic cable service. Outlines factors to be considered by the FCC or a franchising authority in determining whether the rate for basic cable service offered by a cable operator is reasonable.
Sets forth procedures under which a cable operator or other interested party may file a petition challenging the regulation of basic cable service rates by a franchising authority.
Prohibits any cable operator from unreasonably discriminating among subscribers of cable service in the services offered or the rates charged.
Requires the FCC to: (1) require cable operators to file at least annually such financial information as may be needed to administer and enforce this Act; and (2) establish minimum technical standards relating to cable systems' technical operation and signal quality, including testing procedures and protocols used to measure compliance with such standards. Authorizes franchising authorities to impose higher standards than the Federal Government for customer service.
Directs the FCC to establish (and regularly review) customer service standards that ensure that all subscribers of basic cable service are fairly served.
Prohibits a video programmer who licenses video programming for national or regional distribution from: (1) unreasonably refusing to deal with any multichannel video programming distributor (MVPD); or (2) discriminating in the price, terms, and conditions in the sale of the programming among cable systems, cable operators, or other MVPDs, with specified exceptions.
Requires any person who encrypts any C-band satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users.
Prohibits a fixed-service satellite carrier which provides secondary transmissions of superstation programming to the public for private home viewing from: (1) unreasonably refusing to deal with any distributor of video programming which provides such service to C-band home satellite dish subscribers who meet certain licensing requirements; and (2) discriminating in the price, terms, and conditions of sale of programming among the distributors to qualified C-band home satellite dish owners or between such distributors and other MVPDs.
Directs the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programmers which: (1) include provisions designed to prevent a cable operator or other MVPD from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems or which prohibit such MVPD from unreasonably restraining the ability of an unaffiliated video programmer to compete fairly by discriminating in video programming distribution based on affiliation; (2) provide for expedited review of complaints made by a video programmer; (3) provide penalties for filing frivilous complaints; (4) include provisions designed to prevent the establishment of an exclusive distributorship for video programming services within a given area, with exceptions; and (5) include provisions designed to prohibit a cable programmer from entering or extending contracts or agreements for the distribution or sale of video programming which prohibit the cable operator or MVPD from distributing or buying other programming, with an exception.
Limits the liability of a franchising authority to injunctive and declaratory relief, with exceptions.
Sets forth provisions with respect to franchise renewal and grounds for denial.
Prohibits a franchising authority, in awarding franchises within its jurisdiction, from unreasonably refusing to award additional franchises because of the previous award of a franchise to another cable operator. Outlines conditions under which the refusal of a franchise award will not be considered unreasonable.
Directs the FCC to initiate a proceeding to establish standards that ensure equipment compatibility of cable systems and other multichannel video systems with the equipment of nonaffiliated cable or multichannel video systems, including the signals, convertors, remote control devices, and cable-ready technology. Requires the FCC to adopt standards that are technologically and economically feasible and to continually update such standards to reflect improvements and changes in such technology.
Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber.
Authorizes any State or franchising authority to establish and enforce requirements or to exercise jurisdiction by law with respect to matters regarding cable systems, cable television, or other communications services or systems that are: (1) not expressly addressed or covered by this Act; and (2) addressed in or covered by this Act, to the extent consistent with such provisions.
States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming.
Authorizes the FCC to: (1) determine maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; (2) establish reasonable terms and conditions for such use; and (3) establish procedures by which cable operators inform the public of the availability of leased access channels.
Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest.
Makes it unlawful for a cable operator to hold a license for a multichannel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case.
Laid on the table. See S. 12 for further action.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Telecommunications and Finance.
For Further Action See H.R.4850.
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