106 STAT. 1480 PUBLIC LAW 102-385—OCT. 5, 1992 assigned as of March 29, 1990, and (B) deletion of the station from the cable system. The notification provisions of this paragraph shall not be used to undermine or evade the channel positioning or carriage requirements imposed upon cable operators under this section. "(4) GOOD QUALITY SIGNAL REQUIRED.— Notwithstanding the other provisions of this section, a cable operator shall not be required to carry the signal of any (]^ualified local noncommercial educational television station which does not deliver to the cable system's principal headend a signal of good quaUty or a baseband video signal, as may be defined by me Commission.
- (5) CHANNEL POSITIONING.— Each signal carried in fulfillment of the carriage obligations of a cable operator under
this section shall be carrieaf on the cable S3rstem channel number on which the qualified local noncommercial educational television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, at the election . of the station, or on such otiier channel number as is mutually agreed upon by the station and the cable operator. Any dispute regarding the positioning of a qualified local noncommercial educational television station shall be resolved by the Commission. "(h) AVAILABILITY OP SIGNALS.— Signals carried in fiilfillment of the carriage obligations of a cable operator under this section shall be available to every subscriber as part of the cable system's lowest priced service tier that includes the retransmission of local commercial television broadcast signals. "(i) PAYMENT FOR CARRIAGE PROHIBITED. — "(1) IN GENERAL. — ^A cable operator shall not accept monetary payment or other valuable consideration in exchange for carriage of the signal of any quaUfied local noncommercial educational television station carried in fulfillment of the requirements of this section, except that such a station may be required to bear the cost associated with delivering a good quaUty signal or a baseband video signal to the principal headend of the cable system. "(2) DISTANT SIGNAL EXCEPTION. —Notwithstanding the provisions of this section, a cable operator shall not be required to add the signal of a qualified local noncommercial educational television station not already carried under the provision of subsection (c), where such signed would be considered a distant signal for copyright purposes unless such station indemnifies the cable operator for any increased copyright costs resulting from carriage of such signal.
- (j) REMEDIES. —
" (1) COMPLAINT. —Whenever a qualified local noncommercial educational television station beUeves that a cable operator of a cable system has failed to comply with the signal carriage requirements of this section, the station may file a complaint with the Commission. Such complaint shall allege the manner in which such cable operator has failed to comply with such requirements and state the basis for such allegations. "(2) OPPORTUNITY TO RESPOND. —The Commission shall afford such cable operator an opportunity to present data, views, and arguments to establish that the cable operator has complied with the signal carriage requirements of this section.
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