Any franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this subchapter.
In the case of any franchise granted after the effective date of this subchapter, the franchising authority, to the extent related to the establishment or operation of a cable system-
In the case of any franchise in effect on the effective date of this subchapter, the franchising authority may, subject to section 545 of this title, enforce requirements contained within the franchise for the provision of services, facilities, and equipment, whether or not related to the establishment or operation of a cable system.
Within one year after October 5, 1992, the Commission shall prescribe regulations which establish minimum technical standards relating to cable systems' technical operation and signal quality. The Commission shall update such standards periodically to reflect improvements in technology. No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment or any transmission technology.
Notwithstanding any such rule, regulation, or order, each cable operator shall comply with such standards as the Commission shall prescribe to ensure that viewers of video programming on cable systems are afforded the same emergency information as is afforded by the emergency broadcasting system pursuant to Commission regulations in subpart G of part 73, title 47, Code of Federal Regulations.
A franchising authority may require a cable operator to do any one or more of the following:
Within 120 days after October 5, 1992, the Commission shall prescribe rules concerning the disposition, after a subscriber to a cable system terminates service, of any cable installed by the cable operator within the premises of such subscriber.
1 So in original.
47 U.S.C. § 544
EDITORIAL NOTES
REFERENCES IN TEXTFor "the effective date of this subchapter", referred to in subsecs. (b) and (c), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549 set out as an Effective Date note under section 521 of this title.
AMENDMENTS1996-Subsec. (e). Pub. L. 104-104 substituted "No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment or any transmission technology." for "A franchising authority may require as part of a franchise (including a modification, renewal, or transfer thereof) provisions for the enforcement of the standards prescribed under this subsection. A franchising authority may apply to the Commission for a waiver to impose standards that are more stringent than the standards prescribed by the Commission under this subsection."1994-Subsec. (d)(2). Pub. L. 103-414, §304(a)(12), struck out designation "(A)", inserted "of" after "restrict the viewing", and struck out subpar. (B) which read as follows: "Subparagraph (A) shall take effect 180 days after the effective date of this subchapter." Pub. L. 103-414, §303(a)(23), inserted "of" after "restrict the viewing" in subpar. (A).1992-Subsec. (b)(1). Pub. L. 102-385, §16(c)(1), inserted ", except as provided in subsection (h)," after "but may not".Subsec. (d)(3). Pub. L. 102-385, §15, added par. (3).Subsec. (e). Pub. L. 102-385, §16(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "The Commission may establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise."Subsec. (g). Pub. L. 102-385, §16(b), added subsec. (g).Subsec. (h). Pub. L. 102-385, §16(c)(2), added subsec. (h).Subsec. (i). Pub. L. 102-385, §16(d), added subsec. (i).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1992 AMENDMENTAmendment by Pub. L. 102-385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102-385 set out as a note under section 325 of this title.
EFFECTIVE DATESection effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549 set out as a note under section 521 of this title.
RESTORATION, RETIERMENT AND REPRICING OF SERVICE PREVIOUSLY ELIMINATED, RETIERED, OR REPRICEDSection not to be construed to allow a franchising authority, or a State or political subdivision thereof, to require a cable operator to restore, retier or reprice cable service previously eliminated, retiered, or repriced as of Sept. 26, 1984, see section 9(b) of Pub. L. 98-549 set out as a note under section 543 of this title.