47 USC Ch. 4: 10
From Title 47-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHSCHAPTER 4-RADIO ACT OF 1927
10
CHAPTER 5-WIRE OR RADIO COMMUNICATION
SUBCHAPTER I-GENERAL PROVISIONS
Sec.
151.
Purposes of chapter; Federal Communications Commission created.
152.
Application of chapter.
153.
Definitions.
154.
Federal Communications Commission.
(a)
Number of commissioners; appointment.
(b)
Qualifications.
(c)
Terms of office; vacancies.
(d)
Compensation of Commission members.
(e)
Principal office; special sessions.
(f)
Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations.
(g)
Expenditures.
(h)
Quorum; seal.
(i)
Duties and powers.
(j)
Conduct of proceedings; hearings.
(k)
Annual reports to Congress.
(l)
Record of reports.
(m)
Publication of reports; admissibility as evidence.
(n)
Compensation of appointees.
(o)
Use of communications in safety of life and property.
155.
Commission.
(a)
Chairman; duties; vacancy.
(b)
Organization of staff.
(c)
Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal.
(d)
Meetings.
(e)
Managing Director; appointment, functions, pay.
156.
Authorization of appropriations.
157.
New technologies and services.
158.
Application fees.
(a)
Assessment and collection.
(b)
Review and adjustment of Schedule by Commission; notification to Congress; judicial review.
(c)
Additional application fee; assessment as penalty; amount; dismissal of application or other filing.
(d)
Inapplicability of application fees to certain radio services; waiver or deferment of payment.
(e)
Deposit of moneys in general fund; reimbursement of United States for administration of chapter.
(f)
Rules and regulations.
(g)
Schedule of Application Fees.
159.
Regulatory fees.
(a)
General authority.
(b)
Establishment and adjustment of regulatory fees.
(c)
Enforcement.
(d)
Waiver, reduction, and deferment.
(e)
Deposit of collections.
(f)
Regulations.
(g)
Schedule.
(h)
Exceptions.
(i)
Accounting system.
SUBCHAPTER II-COMMON CARRIERS
201.
Service and charges.
202.
Discriminations and preferences.
(a)
Charges, services, etc.
(b)
Charges or services included.
(c)
Penalty.
203.
Schedules of charges.
(a)
Filing; public display.
(b)
Changes in schedule; discretion of Commission to modify requirements.
(c)
Overcharges and rebates.
(d)
Rejection or refusal.
(e)
Penalty for violations.
204.
Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing.
205.
Commission authorized to prescribe just and reasonable charges; penalties for violations.
206.
Carriers' liability for damages.
207.
Recovery of damages.
208.
Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation.
209.
Orders for payment of money.
210.
Franks and passes; free service to governmental agencies in connection with national defense.
211.
Contracts of carriers; filing with Commission.
212.
Interlocking directorates; officials dealing in securities.
213.
Valuation of property of carrier.
(a)
Hearing.
(b)
Inventory.
(c)
Original cost.
(d)
Easement, license or franchise.
(e)
Improvements; changes in condition.
(f)
Additional information; access to records and data.
(g)
State commissions.
214.
Extension of lines or discontinuance of service; certificate of public convenience and necessity.
(a)
Exceptions; temporary or emergency service or discontinuance of service; changes in plant, operation or equipment.
(b)
Notification of Secretary of Defense, Secretary of State, and State Governor.
(c)
Approval or disapproval; injunction.
(d)
Order of Commission; hearing; penalty.
215.
Examination of transactions relating to furnishing of services, equipment, etc.; reports to Congress.
(a)
Access to records and documents.
(b)
Wire telephone and telegraph services.
(c)
Exclusive dealing contracts.
216.
Receivers and trustees; application of chapter.
217.
Agents' acts and omissions; liability of carrier.
218.
Management of business; inquiries by Commission.
219.
Reports by carriers; contents and requirements generally.
220.
Accounts, records, and memoranda.
(a)
Forms.
(b)
Depreciation charges.
(c)
Access to information; burden of proof.
(d)
Penalty for failure to comply.
(e)
False entry; destruction; penalty.
(f)
Confidentiality of information.
(g)
Use of other forms; alterations in prescribed forms.
(h)
Exemption; regulation by State commission.
(i)
Consultation with State commissions.
(j)
Report to Congress on need for further legislation.
221.
Consolidations and mergers of telephone companies.
(a)
Notification of State Governor and State commission; public hearing; certification.
(b)
State jurisdiction over services.
(c)
Determination of property used in interstate toll service.
(d)
Valuation of property.
222.
Repealed.
223.
Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications.
(a)
Prohibited acts generally.
(b)
Prohibited acts for commercial purposes; defense to prosecution.
(c)
Restriction on access to subscribers by common carriers; judicial remedies respecting restrictions.
224.
Pole attachments.
(a)
Definitions.
(b)
Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations.
(c)
State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation.
(d)
Determination of just and reasonable rates; "usable space" defined.
225.
Telecommunications services for hearing-impaired and speech-impaired individuals.
(a)
Definitions.
(b)
Availability of telecommunications relay services.
(c)
Provision of services.
(d)
Regulations.
(e)
Enforcement.
(f)
Certification.
(g)
Complaint.
226.
Telephone operator services.
(a)
Definitions.
(b)
Requirements for providers of operator services.
(c)
Requirements for aggregators.
(d)
General rulemaking required.
(e)
Separate rulemaking on access and compensation.
(f)
Technological capability of equipment.
(g)
Fraud.
(h)
Determinations of rate compliance.
(i)
Statutory construction.
227.
Restrictions on use of telephone equipment.
(a)
Definitions.
(b)
Restrictions on use of automated telephone equipment.
(c)
Protection of subscriber privacy rights.
(d)
Technical and procedural standards.
(e)
Effect on State law.
(f)
Actions by States.
228.
Regulation of carrier offering of pay-per-call services.
(a)
Purpose.
(b)
General authority for regulations.
(c)
Common carrier obligations.
(d)
Billing and collection practices.
(e)
Liability.
(f)
Special provisions.
(g)
Effect on other law.
(h)
Effect on dial-a-porn prohibitions.
(i)
"Pay-per-call services" defined.
229.
Communications Assistance for Law Enforcement Act compliance.
(a)
In general.
(b)
Systems security and integrity.
(c)
Commission review of compliance.
(d)
Penalties.
(e)
Cost recovery for Communications Assistance for Law Enforcement Act compliance.
SUBCHAPTER III-SPECIAL PROVISIONS RELATING TO RADIO
Part I-General Provisions
301.
License for radio communication or transmission of energy.
302.
Repealed.
302a.
Devices which interfere with radio reception.
(a)
Regulations.
(b)
Restrictions.
(c)
Exceptions.
(d)
Cellular telecommunications receivers.
303.
Powers and duties of Commission.
303a.
Standards for children's television programming.
(a)
Establishment.
(b)
Advertising duration limitations.
(c)
Review of advertising duration limitations; modification.
(d)
"Commercial television broadcast licensee" defined.
303b.
Consideration of children's television service in broadcast license renewal.
303c.
Television program improvement.
(a)
Short title.
(b)
Definitions.
(c)
Exemption.
(d)
Limitations.
304.
Waiver by license of claims to particular frequency or of electromagnetic spectrum.
305.
Government owned stations.
(a)
Frequencies; compliance with regulations; stations on vessels.
(b)
Vessels of Maritime Administration or Inland and Coastwise Waterways Service.
(c)
Call letters.
(d)
Stations operated by foreign governments.
306.
Foreign ships; application of section 301.
307.
Licenses.
(a)
Grant.
(b)
Allocation of facilities.
(c)
Terms.
(d)
Renewals.
(e)
Operation of certain radio stations without individual licenses.
308.
Requirements for license.
(a)
Writing; exceptions.
(b)
Conditions.
(c)
Commercial communication.
309.
Application for license.
(a)
Considerations in granting application.
(b)
Time of granting application.
(c)
Applications not affected by subsection (b).
(d)
Petition to deny application; time; contents; reply; findings.
(e)
Hearings; intervention; evidence; burden of proof.
(f)
Temporary authorization of temporary operations under subsection (b).
(g)
Classification of applications.
(h)
Form and conditions of station licenses.
(i)
Random selection.
(j)
Use of competitive bidding.
310.
License ownership restrictions.
(a)
Grant to or holding by foreign government or representative.
(b)
Grant to or holding by alien or representative, foreign corporation, etc.
(c)
Authorization for aliens licensed by foreign governments; multilateral or bilateral agreement to which United States and foreign country are parties as prerequisite.
(d)
Assignment and transfer of construction permit or station license.
(e)
Administration of regional concentration rules for broadcast stations.
311.
Requirements as to certain applications in broadcasting service.
(a)
Notices of filing and hearing; form and contents.
(b)
Place of hearing.
(c)
Agreement between two or more applicants; approval of Commission; pendency of application.
(d)
License for operation of station; agreement to withdraw application; approval of Commission.
312.
Administrative sanctions.
(a)
Revocation of station license or construction permit.
(b)
Cease and desist orders.
(c)
Order to show cause.
(d)
Burden of proof.
(e)
Procedure for issuance of cease and desist order.
(f)
"Willful" and "repeated" defined.
312a.
Revocation of operator's license used in unlawful distribution of controlled substances.
313.
Application of antitrust laws to manufacture, sale, and trade in radio apparatus.
(a)
Revocation of licenses.
(b)
Refusal of licenses and permits.
314.
Competition in commerce; preservation.
315.
Candidates for public office.
(a)
Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities.
(b)
Broadcast media rates.
(c)
Definitions.
(d)
Rules and regulations.
316.
Modification by Commission of station licenses or construction permits; burden of proof.
317.
Announcement of payment for broadcast.
(a)
Disclosure of person furnishing.
(b)
Disclosure to station of payments.
(c)
Acquiring information from station employees.
(d)
Waiver of announcement.
(e)
Rules and regulations.
318.
Transmitting apparatus; operator's license.
319.
Construction permits.
(a)
Requirements.
(b)
Time limitation; forfeiture.
(c)
Licenses for operation.
(d)
Government, amateur, or mobile station; waiver.
320.
Stations liable to interfere with distress signals; designation and regulation.
321.
Distress signals and communications; equipment on vessels; regulations.
322.
Exchanging radio communications between land and ship stations and from ship to ship.
323.
Interference between Government and commercial stations.
324.
Use of minimum power.
325.
False, fraudulent, or unauthorized transmissions.
(a)
False distress signals; rebroadcasting programs.
(b)
Consent to retransmission of broadcasting station signals.
(c)
Broadcast to foreign countries for rebroadcast to United States; permit.
(d)
Application for permit.
326.
Censorship.
327.
Naval stations; use for commercial messages; rates.
328.
Repealed.
329.
Administration of radio laws in Territories and possessions.
330.
Prohibition against shipment of certain television receivers.
331.
Very high frequency stations and AM radio stations.
(a)
Very high frequency stations.
(b)
AM radio stations.
332.
Mobile services.
(a)
Factors which Commission must consider.
(b)
Advisory coordinating committees.
(c)
Regulatory treatment of mobile services.
(d)
Definitions.
333.
Willful or malicious interference.
334.
Limitation on revision of equal employment opportunity regulations.
(a)
Limitation.
(b)
Midterm review.
(c)
Authority to make technical revisions.
335.
Direct broadcast satellite service obligations.
(a)
Proceeding required to review DBS responsibilities.
(b)
Carriage obligations for noncommercial, educational, and informational programming.
Part II-Radio Equipment and Radio Operators on Board Ship
351.
Ship radio stations and operations.
352.
Exemptions.
(a)
Vessels excepted.
(b)
Radio station unreasonable or unnecessary.
(c)
Unforeseeable equipment failures.
(d)
Radio direction finding apparatus unreasonable or unnecessary.
353.
Radio equipment and operators.
(a)
Two radio officers required.
(b)
One radio officer required.
(c)
Required watches.
(d)
Hours of watch.
(e)
Operational status of auto alarms in open sea.
353a.
Operators and watches on radiotelephone equipped ships.
354.
Technical requirements of equipment on radiotelegraph equipped ships.
354a.
Technical requirements of equipment on radiotelephone equipped ships.
355.
Survival craft.
356.
Approval of installations by Commission.
357.
Safety information.
(a)
Transmission of information concerning safety at sea.
(b)
Charges for transmission of safety information.
(c)
Reimbursement by Commission.
(d)
Charges for transmission of distress messages.
(e)
Free services.
358.
Master's control over operations.
359.
Certificates of compliance; issuance, modification, and cancellation.
360.
Station licenses; inspection of equipment by Commission.
361.
Control by Commission; review of decisions.
362.
Forfeitures; recovery.
Part III-Radio Installations on Vessels Carrying Passengers for Hire
381.
Vessels transporting more than six passengers for hire required to be equipped with radiotelephone.
382.
Vessels excepted from radiotelephone requirement.
383.
Exemptions by Commission.
384.
Authority of Commission; operations, installations, and additional equipment.
385.
Inspections.
386.
Forfeitures.
Part IV-Assistance for Planning and Construction of Public Telecommunications Facilities; Telecommunications Demonstrations; Corporation for Public Broadcasting; General Provisions
subpart a-assistance for planning and construction of public telecommunications facilities
390.
Declaration of purpose.
391.
Authorization of appropriations.
392.
Grants for construction.
(a)
Applications for grants.
(b)
Amount of grant.
(c)
Information and assurances.
(d)
Studies.
(e)
Rules and regulations.
(f)
Minorities and women.
(g)
Recovering funds.
(h)
Recordkeeping requirements.
(i)
Accessibility of records.
392a.
Repealed.
393.
Criteria for approval and expenditures by Secretary.
(a)
Construction and planning grants.
(b)
Basis for determination.
(c)
Noncommercial radio broadcast station facilities.
393a.
Long-range planning for facilities.
subpart b-national endowment for children's educational television
394.
Establishment of National Endowment.
(a)
Purpose.
(b)
Establishment; contracts and grants.
(c)
Criteria for contracts and grants; applications for contracts and grants.
(d)
Amount of grants.
(e)
Advisory Council on Children's Educational Television.
(f)
Recordkeeping relating to grants; audits.
(g)
Issuance of rules and regulations.
(h)
Authorization of appropriations; availability.
(i)
Definitions.
subpart c-telecommunications demonstrations
395.
Assistance for demonstration projects.
(a)
Authorization for grants and contracts.
(b)
Application approval.
(c)
Contract with applicant.
(d)
Use of funds.
(e)
"Nonbroadcast telecommunications facilities" defined.
(f)
Funding.
(g)
Summary and evaluation.
(h)
Recordkeeping requirements; accessibility.
(i)
Rules and regulations.
(j)
Assistance.
(k)
Authorization of appropriations.
subpart d-corporation for public broadcasting
396.
Corporation for Public Broadcasting.
(a)
Congressional declaration of policy.
(b)
Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act.
(c)
Board of Directors; functions, duties, etc.
(d)
Election of Chairman and Vice Chairman; compensation of Board members.
(e)
Officers and employees; term of office, compensation, qualifications, and removal; political party affiliation, political test or qualification when taking personnel actions.
(f)
Nonprofit and nonpolitical nature of Corporation.
(g)
Purposes and activities of Corporation; powers under District of Columbia Nonprofit Corporation Act.
(h)
Free or reduced rate interconnection service; access to facilities.
(i)
Report to Congress.
(j)
Repeal, alteration, or amendment.
(k)
Financing restrictions.
(l)
Financial management and records.
(m)
Needs of minorities and other groups.
subpart e-general provisions
397.
Definitions.
398.
Federal interference or control.
(a)
Prohibition.
(b)
Equal opportunity employment.
(c)
Control over content or distribution of programs.
399.
Support of political candidates prohibited.
399a.
Use of business or institutional logograms.
(a)
"Business or institutional logogram" defined.
(b)
Permitted uses.
(c)
Authority of Commission not limited.
399b.
Offering of certain services, facilities, or products by public broadcast station.
(a)
"Advertisement" defined.
(b)
Offering of services, facilities, or products permitted; advertisements prohibited.
(c)
Use of funds from offering services, etc.
(d)
Development of accounting system.
SUBCHAPTER IV-PROCEDURAL AND ADMINISTRATIVE PROVISIONS
401.
Enforcement provisions.
(a)
Jurisdiction.
(b)
Orders of Commission.
(c)
Duty to prosecute.
402.
Judicial review of Commission's orders and decisions.
(a)
Procedure.
(b)
Right to appeal.
(c)
Filing notice of appeal; contents; jurisdiction; temporary orders.
(d)
Notice to interested parties; filing of record.
(e)
Intervention.
(f)
Records and briefs.
(g)
Time of hearing; procedure.
(h)
Remand.
(i)
Judgment for costs.
(j)
Finality of decision; review by Supreme Court.
403.
Inquiry by Commission on its own motion.
404.
Reports of investigations.
405.
Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order.
406.
Compelling furnishing of facilities; mandamus; jurisdiction.
407.
Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys' fees.
408.
Order not for payment of money; when effective.
409.
Hearings.
(a)
Filing of initial decisions; exceptions.
(b)
Exceptions to initial decisions; memoranda; determination of Commission or authority within Commission; prohibition against consideration of own decision.
(c)
Notice and opportunity for participation by parties; applicability of administrative procedure provisions.
(d)
Applicability of administrative procedure provisions.
(e)
Subpenas; witnesses; production of documents; fees and mileage.
(f)
Designated place of hearing; aid in enforcement of orders.
(g)
Contempts.
(h)
Depositions.
(i)
Oaths; testimony in writing.
(j)
Foreign depositions.
(k)
Deposition fees.
(l)
Repealed.
(m)
Penalties.
410.
Joint boards and commissions.
(a)
State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses.
(b)
State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission.
(c)
Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman.
411.
Joinder of parties.
412.
Documents filed with Commission as public records; prima facie evidence; confidential records.
413.
Designation of agent for service; method of service.
414.
Exclusiveness of chapter.
415.
Limitations of actions.
(a)
Recovery of charges by carrier.
(b)
Recovery of damages.
(c)
Recovery of overcharges.
(d)
Extension.
(e)
Accrual of cause of action for transmission of message.
(f)
Enforcement petition.
(g)
"Overcharges" defined.
416.
Orders of Commission.
(a)
Service.
(b)
Suspension or modification.
(c)
Compliance.
SUBCHAPTER V-PENAL PROVISIONS; FORFEITURES
501.
General penalty.
502.
Violation of rules, regulations, etc.
503.
Forfeitures.
(a)
Rebates and offsets.
(b)
Activities constituting violations authorizing imposition of forfeiture penalty; amount of penalty; procedures applicable; persons subject to penalty; liability exemption period.
504.
Forfeitures.
(a)
Recovery.
(b)
Remission and mitigation.
(c)
Use of notice of apparent liability.
505.
Venue of trials.
506.
Repealed.
507.
Violation of Great Lakes Agreement.
508.
Disclosure of payments to individuals connected with broadcasts.
(a)
Payments to station employees.
(b)
Production or preparation of programs.
(c)
Supplying of program or program matter.
(d)
Waiver of announcements under section 317(d).
(e)
Announcement under section 317 as sufficient disclosure.
(f)
"Service or other valuable consideration" defined.
(g)
Penalties.
509.
Prohibited practices in contests of knowledge, skill, or chance.
(a)
Influencing, prearranging, or predetermining outcome.
(b)
"Contest" and "the listening or viewing public" defined.
(c)
Penalties.
510.
Forfeiture of communications devices.
(a)
Violation with willful and knowing intent.
(b)
Seizure.
(c)
Laws applicable to seizure and forfeiture.
(d)
Disposition of forfeited property.
SUBCHAPTER V–A-CABLE COMMUNICATIONS
Part I-General Provisions
521.
Purposes.
522.
Definitions.
Part II-Use of Cable Channels and Cable Ownership Restrictions
531.
Cable channels for public, educational, or governmental use.
(a)
Authority to establish requirements with respect to designation or use of channel capacity.
(b)
Authority to require designation for public, educational, or governmental use.
(c)
Enforcement authority.
(d)
Promulgation of rules and procedures.
(e)
Editorial control by cable operator.
(f)
"Institutional network" defined.
532.
Cable channels for commercial use.
(a)
Purpose.
(b)
Designation of channel capacity for commercial use.
(c)
Use of channel capacity by unaffiliated persons; editorial control; restriction on service; rules on rates, terms, and conditions.
(d)
Right of action in district court; relief; factors not to be considered by court.
(e)
Petition to Commission; relief.
(f)
Presumption of reasonableness and good faith.
(g)
Promulgation of rules.
(h)
Cable service unprotected by Constitution.
(i)
Programming from qualified minority or educational programming sources.
(j)
Single channel access to indecent programming.
533.
Ownership restrictions.
(a)
Persons owning or controlling television station licensee; cable operators holding license for multichannel distribution or offering satellite service.
(b)
Common carriers; direct video programming; exception; waiver.
(c)
Promulgation of rules.
(d)
Regulation of ownership by States or franchising authorities.
(e)
Holding of ownership interests or exercise of editorial control by States or franchising authorities.
(f)
Enhancement of effective competition.
(g)
Combination of interests under prior law.
(h)
"Media of mass communications" defined.
534.
Carriage of local commercial television signals.
(a)
Carriage obligations.
(b)
Signals required.
(c)
Low power station carriage obligation.
(d)
Remedies.
(e)
Input selector switch rules abolished.
(f)
Regulations by Commission.
(g)
Sales presentations and program length commercials.
(h)
Definitions.
535.
Carriage of noncommercial educational television.
(a)
Carriage obligations.
(b)
Requirements to carry qualified stations.
(c)
Continued carriage of existing stations.
(d)
Placement of additional signals.
(e)
Systems with more than 36 channels.
(f)
Waiver of nonduplication rights.
(g)
Conditions of carriage.
(h)
Availability of signals.
(i)
Payment for carriage prohibited.
(j)
Remedies.
(k)
Identification of signals.
(l)
Definitions.
536.
Regulation of carriage agreements.
(a)
Regulations.
(b)
"Video programming vendor" defined.
537.
Sales of cable systems.
(a)
3-year holding period required.
(b)
Treatment of multiple transfers.
(c)
Exceptions.
(d)
Waiver authority.
(e)
Limitation on duration of franchising authority power to disapprove transfers.
Part III-Franchising and Regulation
541.
General franchise requirements.
(a)
Authority to award franchises; public rights-of-way and easements; equal access to service; time for provision of service; assurances.
(b)
No cable service without franchise; exception under prior law.
(c)
Status of cable system as common carrier or utility.
(d)
Informational tariffs; regulation by States; "State" defined.
(e)
State regulation of facilities serving subscribers in multiple dwelling units.
(f)
Local or municipal authority as multichannel video programming distributor.
542.
Franchise fees.
(a)
Payment under terms of franchise.
(b)
Amount of fees per annum.
(c)
Itemization of subscriber bills.
(d)
Court actions; reflection of costs in rate structures.
(e)
Decreases passed through to subscribers.
(f)
Itemization of franchise fee in bill.
(g)
"Franchise fee" defined.
(h)
Uncompensated services; taxes, fees and other assessments; limitation on fees.
(i)
Regulatory authority of Federal agencies.
543.
Regulation of rates.
(a)
Competition preference; local and Federal regulation.
(b)
Establishment of basic service tier rate regulations.
(c)
Regulation of unreasonable rates.
(d)
Uniform rate structure required.
(e)
Discrimination; services for the hearing impaired.
(f)
Negative option billing prohibited.
(g)
Collection of information.
(h)
Prevention of evasions.
(i)
Small system burdens.
(j)
Rate regulation agreements.
(k)
Reports on average prices.
(l)
Definitions.
544.
Regulation of services, facilities, and equipment.
(a)
Regulation by franchising authority.
(b)
Requests for proposals; establishment and enforcement of requirements.
(c)
Enforcement authority respecting franchises effective under prior law.
(d)
Cable service unprotected by Constitution; blockage of premium channel upon request.
(e)
Technical standards.
(f)
Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions.
(g)
Access to emergency information.
(h)
Notice of changes in and comments on services.
(i)
Disposition of cable upon termination of service.
544a.
Consumer electronics equipment compatibility.
(a)
Findings.
(b)
Compatible interfaces.
(c)
Rulemaking requirements.
(d)
Review of regulations.
545.
Modification of franchise obligations.
(a)
Grounds for modification by franchising authority; public proceeding; time of decision.
(b)
Judicial proceedings; grounds for modification by court.
(c)
Rearrangement, replacement, or removal of service.
(d)
Rearrangement of particular services from one service tier to another or other offering of service.
(e)
Requirements for services relating to public, educational, or governmental access.
(f)
"Commercially impracticable" defined.
546.
Renewal.
(a)
Commencement of proceedings; public notice and participation.
(b)
Submission of renewal proposals; contents; time.
(c)
Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision.
(d)
Basis for denial.
(e)
Judicial review; grounds for relief.
(f)
Finality of administrative decision.
(g)
"Franchise expiration" defined.
(h)
Alternative renewal procedures.
(i)
Effect of renewal procedures upon action to revoke franchise for cause.
547.
Conditions of sale.
548.
Development of competition and diversity in video programming distribution.
(a)
Purpose.
(b)
Prohibition.
(c)
Regulations required.
(d)
Adjudicatory proceeding.
(e)
Remedies for violations.
(f)
Procedures.
(g)
Reports.
(h)
Exemptions for prior contracts.
(i)
Definitions.
Part IV-Miscellaneous Provisions
551.
Protection of subscriber privacy.
(a)
Notice to subscriber regarding personally identifiable information; definitions.
(b)
Collection of personally identifiable information using cable system.
(c)
Disclosure of personally identifiable information.
(d)
Subscriber access to information.
(e)
Destruction of information.
(f)
Civil action in United States district court; damages; attorney's fees and costs; nonexclusive nature of remedy.
(g)
Regulation by States or franchising authorities.
(h)
Disclosure of information to governmental entity pursuant to court order.
552.
Consumer protection and customer service.
(a)
Franchising authority enforcement.
(b)
Commission standards.
(c)
Consumer protection laws and customer service agreements.
553.
Unauthorized reception of cable service.
(a)
Unauthorized interception or receipt or assistance in intercepting or receiving service; "assist in intercepting or receiving" defined.
(b)
Penalties for willful violation.
(c)
Civil action in district court; injunctions; damages; attorney's fees and costs; regulation by States or franchising authorities.
554.
Equal employment opportunity.
(a)
Entities within scope of coverage.
(b)
Discrimination prohibited.
(c)
Equal opportunity programs; establishment; maintenance; execution; terms.
(d)
Revision of rules; required provisions; annual statistical report; notice and comment on amendments.
(e)
Annual certification of compliance; periodic investigation of employment practices.
(f)
Substantial failure to comply; penalties; notice to public and franchising authorities.
(g)
Discrimination complaints; investigation; enforcement.
(h)
"Cable operator" defined; owners of multiple unit dwellings.
(i)
Regulatory powers of States and franchising authorities; nonexclusive nature of remedies and enforcement provisions; covered franchises.
555.
Judicial proceedings.
(a)
Actions to review determinations by franchising authorities.
(b)
Available relief.
(c)
Review of constitutionality of sections 534 and 535.
555a.
Limitation of franchising authority liability.
(a)
Suits for damages prohibited.
(b)
Exception for completed cases.
(c)
Discrimination claims permitted.
(d)
Rule of construction.
556.
Coordination of Federal, State, and local authority.
(a)
Regulation by States, political subdivisions, State and local agencies, and franchising authorities.
(b)
State jurisdiction with regard to cable services.
(c)
Preemption.
(d)
"State" defined.
557.
Existing franchises.
558.
Criminal and civil liability.
559.
Obscene programming.
SUBCHAPTER VI-MISCELLANEOUS PROVISIONS
601.
Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission.
602, 603.
Repealed.
604.
Effect of transfer.
(a)
Orders, determinations, rules, regulations, permits, contracts, licenses, and privileges.
(b)
Availability of records.
605.
Unauthorized publication or use of communications.
(a)
Practices prohibited.
(b)
Exceptions.
(c)
Scrambling of Public Broadcasting Service programming.
(d)
Definitions.
(e)
Penalties; civil actions; remedies; attorney's fees and costs; computation of damages; regulation by State and local authorities.
(f)
Rights, obligations, and liabilities under other laws unaffected.
(g)
Universal encryption standard.
(h)
Rulemaking for encryption standard.
606.
War powers of President.
(a)
Priority communications.
(b)
Obstruction of interstate or foreign communications.
(c)
Suspension or amendment of rules and regulations applicable to certain emission stations or devices.
(d)
Suspension or amendment of rules and regulations applicable to wire communications; closing of facilities; Government use of facilities.
(e)
Compensation.
(f)
Affect on State laws and powers.
(g)
Limitations upon Presidential power.
(h)
Penalties.
607.
Effective date of chapter.
608.
Separability.
609.
Short title.
610.
Telephone service for disabled.
(a)
Establishment of regulations.
(b)
Hearing aid compatibility requirements.
(c)
Technical standards.
(d)
Labeling of packaging materials for equipment.
(e)
Costs and benefits; encouragement of use of currently available technology.
(f)
Periodic review of regulations; retrofitting.
(g)
Recovery of reasonable and prudent costs.
(h)
State enforcement.
611.
Closed-captioning of public service announcements.
612.
Syndicated exclusivity.
613.
Repealed.
Chapter Referred to in Other Sections
This chapter is referred to in sections 15, 312a, 702, 721, 741, 921, 923, 925, 926 of this title; title 7 sections 923, 1932; title 15 sections 44, 5625, 5656; title 17 section 119; title 18 section 2511; title 22 section 1465bb; title 40 section 791; title 41 sections 43, 356; title 49 sections 24902, 24904, 70117.