Page:United States Statutes at Large Volume 98 Part 3.djvu/428

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2800

PUBLIC LAW 98-549—OCT. 30, 1984

"(B) to establish or enforce any provision requiring or encouraging any cable operator to conduct business with enterprises which are owned or controlled by members of minority groups (as defined in section 309(i)(3)(C)(ii)) or which have their principal operations located within the community served by the cable operator; or "(C) to enforce any requirement of a franchise in effect on the effective date of this title. "(2) The remedies and enforcement provisions of this section are in addition to, and not in lieu of, those available under this or any other law. "(3) The provisions of this section shall apply to any cable operator, whether operating pursuant to a franchise granted before, on, or after the date of the enactment of this section. "JUDICIAL PROCEEDINGS

Courts, U.S. 47 USC 555.

"SEC. 635. (a) Any cable operator adversely affected by any final determination made by a franchising authority under section 625 or 626 may commence an action within 120 days after receiving notice of such determination, which may be brought in— "(1) the district court of the United States for any judicial district in which the cable system is located; or "(2) in any State court of general jurisdiction having jurisdiction over the parties. "(b) The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a). "COORDINATION OF FEDERAL, STATE, AND LOCAL AUTHORITY

47 USC 556.

47 USC 153.

"SEC. 636. (a) Nothing in this title shall be construed to affect any authority of any State, political subdivision, or agency thereof, or franchising authority, regarding matters of public health, safety, and welfare, to the extent consistent with the express provisions of this title. "(b) Nothing in this title shall be construed to restrict a State from exercising jurisdiction with regard to cable services consistent with this title. "(c) Except as provided in section 637, any provision of law of any State, political subdivision, or agency thereof, or franchising authority, or any provision of any franchise granted by such authority, which is inconsistent with this Act shall be deemed to be preempted and superseded. "(d) For purposes of this section, the term 'State' has the meaning given such term in section 3(v). "EXISTING FRANCHISES

47 USC 557.

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"SEC. 637. (a) The provisions of— "(1) any franchise in effect on the effective date of this title, including any such provisions which relate to the designation, use, or support for the use of channel capacity for public, educational, or governmental use, and "(2) any law of any State (as defined in section 3(v)) in effect on the date of the enactment of this section, or any regulation promulgated pursuant to such law, which relates to such designation, use or support of'such channel capacity.