In addition to the Division regulations set forth in this chapter there are also applicable FCC rules and regulations dealing with obscenity (47 C.F.R. § 76.702 (2018)) and defining origination cablecasting (47 C.F.R. § 76.5(p) (2018)). Reference is also made to applicable Rhode Island statutes which cover obscenity (R.I. Gen. Laws Chapters 11-31 and 12-27).
Neither a CATV Certificate holder nor RIPTA shall knowingly create, produce, direct, reproduce, publish, present, transmit, disseminate, advertise or exhibit, from whatever source, any programming which is obscene according to contemporary community standards or otherwise illegal on any channel originated by the CATV Certificate holder.
Each Electing CATV Operator and RIPTA shall adopt PEG access user rules and guidelines for PEG access channels, to be filed with the Division prior to the activation of these channels, designed to prohibit the presentation of any obscene material over these channels. Except as hereinabove specified, neither an Electing CATV Operator nor RIPTA shall have control over the content of PEG access programming.
Every CATV Certificate holder shall publish in advance the ratings of the Motion Picture Association of America (MPAA) for all movies cablecast when such ratings are available from the MPAA.
When a program is determined to be obscene or otherwise illegal, under § 1.6 of this Part, the matter shall be referred to the Department of the Attorney General of the State of Rhode Island.
815 R.I. Code R. 815-RICR-10-05-1.6