Page:United States Statutes at Large Volume 106 Part 2.djvu/594

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106 STAT. 1474 PUBLIC LAW 102-385—OCT. 5, 1992 "(B) a cable operator of a cable system with a capacity of more than 35 usable activated channels shall be required to carry two qualified low power stations. " (2) USE OF PUBLIC, EDUCATIONAL, OR GOVERNMENTAL CHANNELS. — ^A cable operator required to carry more than one signal of a qualified low power station under this subsection may do so, subject to approval by the firanchising authority pursuant to section 611, by placing such additional station on public, educational, or governmental channels not in use for their designated purposes. "(d) REMEDIES.— " (1) COMPLAINTS BY BROADCAST STATIONS.—Whenever a local commercial television station believes that a cable operator has failed to meet its obligations under this section, such station shall not^ the operator, in writing, of the alleged failure and identify its reasons for believing that the cable operator is obligated to carry the signal of such station or has otherwise failed to comply with the channel positioning or repositioning or other requirements of this section. The cable operator shall, within 30 days of such written notification, respond in writing to such notification and either commence to carry the signal of such station in accordance with the terms requested or state its reasons for believing that it is not obligated to carry such signal or is in compliance with the channel positioning and repositioning and other requirements of this section. A local commercial television station that is denied carriage or channel positioning or repositioning in accordance with this section by a cable operator may obtain review of such denial by filing a complednt with the Commission. Such complaint shall allege the manner in which such cable operator has failed to meet its obligations and the basis for such allegations. "(2) OPPORTUNITY TO RESPOND. —The Commission shall afford such cable operator an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section. "(3) REMEDIAL ACTIONS; DISMISSAL.— Within 120 days after the date a complaint is filed, the Commission shall determine whether the cable operator has met its obligations under this section. If the Commission determines that the cable operator has failed to meet such obligations, the Commission shall order the cable operator to reposition the complaining station or, in the case of an obligation to carry a station, to commence carriage of the station and to continue such carriage for at least 12 months. If the Commission determines that the cable operator has fully met the requirements of this section, it shall dismiss the complaint. "(e) INPUT SELECTOR SWITCH RULES ABOLISHED.— NO cable operator shall be required— "(1) to provide or make available any input selector switch as defined in section 76.5(mm) of title 47, Code of Federal Regulations, or any comparable device; or "(2) to provide information to subscribers about input selector switches or comparable devices. "(f) REGULATIONS BY COMMISSION.— Within 180 days after the date of enactment of this section, the Commission shall, following a rulemaking proceeding, issue regulations implementing the requirements imposed by this section. Such implementing regula-