§ 555a. Limitation of franchising authority liability

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.

1. 1992

   Cable Television Consumer Protection and Competition Act of 1992

   Pub. L. 102–385 § 24(a) · 106 Stat. 1460

   Enacted · 47 U.S.C. § 555a

   (June 19, 1934, ch. 652, title VI, § 635A, as added Pub. L. 102–385, § 24(a), Oct. 5, 1992, 106 Stat. 1500.)

   Source evidence

   Code source credit
   (June 19, 1934, ch. 652, title VI, § 635A, as added Pub. L. 102–385, § 24(a), Oct. 5, 1992, 106 Stat. 1500.)

   Enacted provision · exact public law section
   (a) Amendment.— Part IV of title VI of the Communications Act of 1934 is amended by inserting after section 635 (47 U.S.C. 555) the following new section: “SEC. 635A. LIMITATION OF FRANCHISING AUTHORITY LIABILITY. “(a) Suits for Damages Prohibited.— In any court proceeding pending on or initiated after the date of enactment of this section involving any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State, or local law, shall be limited to injunctive relief and declaratory relief. “(b) Exception for Completed Cases.— The limitation contained in subsection (a) shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator’s rights. “(c) Discrimination Claims Permitted.— Nothing in this section shall be construed as limiting the relief authorized with respect to any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves discrimination on the basis of race, color, sex, age, religion, national origin, or handicap. “(d) Rule of Construction.— Nothing in this section shall be construed as creating or authorizing liability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity.”.

1 of 1 references resolved to an enrolled provision