Title 47 — Telecommunications
Part II · Chapter 5 — Wire or Radio Communication
§ 536. Regulation of carriage agreements
Statutory text
Regulations
Within one year after , the Commission shall establish regulations governing program carriage agreements and related practices between cable operators or other multichannel video programming distributors and video programming vendors. Such regulations shall—
include provisions designed to prevent a cable operator or other multichannel video programming distributor from requiring a financial interest in a program service as a condition for carriage on one or more of such operator’s systems;
include provisions designed to prohibit a cable operator or other multichannel video programming distributor from coercing a video programming vendor to provide, and from retaliating against such a vendor for failing to provide, exclusive rights against other multichannel video programming distributors as a condition of carriage on a system;
contain provisions designed to prevent a multichannel video programming distributor from engaging in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors;
provide for expedited review of any complaints made by a video programming vendor pursuant to this section;
provide for appropriate penalties and remedies for violations of this subsection, including carriage; and
provide penalties to be assessed against any person filing a frivolous complaint pursuant to this section.
“Video programming vendor” defined
As used in this section, the term “video programming vendor” means a person engaged in the production, creation, or wholesale distribution of video programming for sale.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Cable Television Consumer Protection and Competition Act of 1992
Pub. L. 102–385 § 12 · 106 Stat. 1460
Enacted · 47 U.S.C. § 536
(June 19, 1934, ch. 652, title VI, § 616, as added Pub. L. 102–385, § 12, Oct. 5, 1992, 106 Stat. 1488.)
Source evidence
Code source credit
(June 19, 1934, ch. 652, title VI, § 616, as added Pub. L. 102–385, § 12, Oct. 5, 1992, 106 Stat. 1488.)Enacted provision · exact public law section
SEC. 12. REGULATION OF CARRIAGE AGREEMENTS. Part II of title VI of the Communications Act of 1934 is amended by inserting after section 615 (as added by section 5 of this Act) the following new section: “SEC. 616. REGULATION OF CARRIAGE AGREEMENTS. “(a) Regulations.— Within one year after the date of enactment of this section, the Commission shall establish regulations governing program carriage agreements and related practices between cable operators or other multichannel video programming distributors and video programming vendors. Such regulations shall— “(1) include provisions designed to prevent a cable operator or other multichannel video programming distributor from requiring a financial interest in a program service as a condition for carriage on one or more of such operator’s systems; “(2) include provisions designed to prohibit a cable operator or other multichannel video programming distributor from coercing a video programming vendor to provide, and from retaliating against such a vendor for failing to provide, exclusive rights against other multichannel video programming distributors as a condition of carriage on a system; “(3) contain provisions designed to prevent a multichannel video programming distributor from engaging in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors; “(4) provide for expedited review of any complaints made by a video programming vendor pursuant to this section; “(5) provide for appropriate penalties and remedies for violations of this subsection, including carriage; and “(6) provide penalties to be assessed against any person filing a frivolous complaint pursuant to this section. “(b) Definition.— As used in this section, the term ‘video programming vendor* means a person engaged in the production, creation, or wholesale distribution of video programming for sale.”.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 60 days after , see section 28 of Pub. L. 102–385, set out as an Effective Date of 1992 Amendment note under section 325 of this title.
Credits
(June 19, 1934, ch. 652, title VI, § 616, as added Pub. L. 102–385, § 12, , 106 Stat. 1488.)