106 STAT. 1468 PUBLIC LAW 102-385—OCT. 5, 1992 "(A) PROHIBITION.—^A cable operator may not require the subscription to any tier other than the basic service tier required by paragraph (7) as a condition of access to video programming offered on a per channel or per program basis. A cable operator may not discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for video programming offered on a per channel or per program basis. "(B) EXCEPTION; LIMITATION.—The prohibition in subparagraph (A) shall not apply to a cable system that, by reason of the lack of addressable converter boxes or other technological limitations, does not permit the operator to offer programming on a per channel or per program basis in the same manner required by subparagraph (A). This subparagraph shall not be available to any cable operator after— " (i) the technology utilized by the cable system is modified or improved in a way tiiat eliminates such technological limitation; or
- (ii) 10 years after the date of enactment of the
Cable Television Consumer Protection and Competition Act of 1992, subject to subparagraph (C). "(C) WAIVER. — If, in any proceeding initiated at the request of any cable operator, the Commission determines that compliance with the requirements of subparagraph (A) would require the cable operator to increase its rates, the Commission may, to the extent consistent with the public interest, grant such cable operator a waiver from such requirements for such specified period as the Commission determines reasonable and appropriate. "(c) REGULATION OF UNREASONABLE RATES. — "(1) COMMISSION REGULATIONS.— Within 180 days after the date of enactment of the Cable Television Consumer Protection and Competition Act of 1992, the Commission shall, by regulation, estabhsh the following: "(A) criteria prescribed in accordance with paragraph (2) for identifying, in individual cases, rates for cable programming services that are unreasonable; "(B) fair and expeditious procedures for the receipt, consideration, and resolution of complaints from any subscriber, fi*anchising authority, or other relevant State or local government entity alleging that a rate for cable programming services charged by a cable operator violates the criteria prescribed under subparagraph (A), which procedures shall include the minimimi showing that shall be required for a complaint to obtain Commission consideration and resolution of whether the rate in question is unreasonable; and "(C) the procedures to be used to reduce rates for cable programming services that are determined by the Commission to be unreasonable and to refund such portion of the rates or charges that were paid by subscribers after the filing of such complaint and that are determined to be unreasonable. "(2) FACTORS TO BE CONSIDERED. — In establishing the criteria for determining in individual cases whether rates for
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