Page:United States Statutes at Large Volume 106 Part 2.djvu/616

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


106 STAT. 1496 PUBLIC LAW 102-385 - -OCT. 5, 1992 which such programming has been authorized or licensed for distribution. "(B) APPLICABILITY TO SATELLITE RETRANSMISSIONS.— Nothing in this section shall apply (i) to the signal of any broadcast affiliate of a national television network or other television signal that is retransmitted by satellite but that is not satelHte broadcast programming, or (ii) to any internal satellite communication of any broadcast network or cable network that is not satellite broadcast programming. "(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CON- TRACTS.—In determining whether an exclusive contract is in the public interest for purposes of paragraph (2)(D), the Commission shall consider each of the following factors with respect to the effect of such contract on the distribution of video programming in areas that are served by a cable operator: "(A) the effect of such exclusive contract on the development of competition in local and national multichannel video programming distribution markets; "(B) the effect of such exclusive contract on competition from multichannel video programming distribution technologies other than cable; "(C) the effect of such exclusive contract on the attraction of capital investment in the production and distribution of new satellite cable programming; "(D) the effect of such exclusive contract on diversity of programming in the multichannel video programming distribution market; and "(E) the duration of the exclusive contract. "(5) SUNSET PROVISION. —The prohibition required by paragraph (2)(D) shall cease to be effective 10 years after the date of enactment of this section, xmless the Commission finds, in a proceeding conducted during the last year of such 10- year period, that such prohibition continues to be necessary to preserve and protect competition and diversity in the distribution of video programming. "(d) ADJUDICATORY PROCEEDING.— Any multichannel video programming distributor aggrieved by conduct that it alleges constitutes a violation of subsection (b), or the regulations of the Commission xmder subsection (c), may commence an adjudicatory proceeding at the Commission. " (e) REMEDIES FOR VIOLATIONS.— "(1) REMEDIES AUTHORIZED. — Upon completion of such adjudicatory proceeding, the Commission shall have the power to order appropriate remedies, including, if necessary, the power to establish prices, terms, and conditions of sale of programming to the aggrieved multichannel video programming distributor. " (2) ADDITIONAL REMEDIES.— The remedies provided in paragraph (1) are in addition to and not in lieu of the remedies available under title V or any other provision of this Act. Regulations. "(f) PROCEDURES.—The Commission shall prescribe regulations to implement this section. The Commission's regulations shall— "(1) provide for an expedited review of any complaints made pursuant to this section; "(2) establish procedures for the Commission to collect such data, including the right to obtain copies of all contracts and docximents reflecting arrangements and understandings alleged