Page:United States Statutes at Large Volume 106 Part 2.djvu/589

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PUBLIC LAW 102-385—OCT. 5, 1992 106 STAT. 1469 cable programming services are unreasonable under paragraph (1)(A), the Commission shall consider, among other factors— "(A) the rates for similarly situated cable systems offering comparable cable programming services, taking into account similarities in facilities, regulatory and governmental costs, the number of subscribers, and other relevant factors; "(B) the rates for cable systems, if any, that are subject to effective competition; "(C) the history of the rates for cable programming services of the system, including the relationship of such rates to changes in general consumer prices; "(D) the rates, as a whole, for cJl the cable programming, cable equipment, and cable services provided by the system, other than programming provided on a per channel or per program basis; " (E) capit£d and operating costs of the cable system, including the quality and costs of the customer service provided by the cable system; and "(F) the revenues (if any) received by a cable operator from advertising from programming that is carried as part of the service for which a rate is being established, and changes in such revenues, or from other consideration obtained in connection with the cable programming services concerned. "(3) LIMITATION ON COMPLAINTS CONCERNING EXISTING RATES.— Except during the 180-day period following the effective date of the regulations prescribed by the Commission under paragraph (1), the procedures established under subparagraph (B) of such paragraph shall be available only with respect to complaints fQed within a reasonable period of time following a change in rates that is initiated after that effective date, including a change in rates that results from a change in that system's service tiers. "(d) UNIFORM RATE STRUCTURE REQUIRED. —A cable operator shall have a rate structure, for the provision of cable service, that is uniform 'throughout the geographic area in which cable service is provided over its cable system. "(e) DISCRIMINATION; SERVICES FOR THE HEARING IMPAIRED. — Nothing in this title shall be construed as prohibiting any Federal agency, State, or a franchising authority from— "(1) prohibiting discrimination among subscribers and potential subscribers to cable service, except that no Federal agency. State, or franchising authority may prohibit a cable operator from offering reasonable discounts to senior citizens or other economically disadvantaged group discounts; or "(2) requiring and regulating the installation or rental of equipment which facilitates the reception of cable service by hearing impaired individuals. "(f) NEGATIVE OPTION BILLING PROHIBITED. — A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. For purposes of this subsection, a subscriber's failure to reftise a cable operator's proposal to provide such service or equipment shall not be deemed to be an affirmative request for such service or equipment.