Page:United States Statutes at Large Volume 106 Part 2.djvu/599

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PUBLIC LAW 102-385—OCT. 5, 1992 106 STAT. 1479 ried on their systems as of March 29, 1990. The requirements of this subsection may be waived with respect to a particular cable operator and a particular such station, upon the written consent of the cable operator and the station. "(d) PLACEMENT OF ADDITIONAL SIGNALS. — A cable operator required to add the signals of quahfied local noncommercial educational television stations to a cable system under this section may do so, subject to approval by the franchising authority pursuant to section 611, by placing such additional stations on public, educational, or governmental channels not in use for their designated purposes. "(e) SYSTEMS WITH MORE THAN 36 CHANNELS.— A cable operator of a cable system with a capacity of more than 36 usable activated channels which is required to carry the signals of three quahfied local noncommercial educational television stations shall not be required to carry the signals of additional such stations the programming of which substantially duplicates the progrsunming broadcast by another quahfied local noncommercial educational television station requesting carriage. Substantial duplication shall be defined by the Commission in a manner that promotes access to distinctive noncommercial educational television services. "(f) WAIVER OF NONDUPLICATION RIGHTS. —A qualified local noncommercial educational television station whose signal is carried by a cable operator shall not assert any network nonduphcation rights it may have pursuant to section 76.92 of title 47, Code of Federal Regulations, to require the deletion of programs aired on other qualified local noncommercial educational television stations whose signals are carried by that cable operator. "(g) CONDITIONS OF CARRIAGE. — "(1) CONTENT TO BE CARRIED. — ^A cable operator shall retransmit in its entirety the primary video, accompanying audio, and line 21 closed caption transmission of each qualified local noncommercial educational television station whose signal is carried on the cable system, and, to the extent technically feasible, program-related material csuried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped persons or for educational or language purposes. Retransmission of other material in the vertical blarJdng interval or on subcarriers shall be within the discretion of the cable operator. "(2) BANDWIDTH AND TECHNICAL QUALITY.—A cable operator shall provide each quahfied local noncommercial educational television station whose signal is carried in accordance with this section with bandwidth and technical capacity equivalent to that provided to commercial television broadcast stations carried on the cable system and shall carry the signal of each qualified local noncommercial educational television station without material degradation. "(3) CHANGES IN CARRLVGE.—The signal of a qualified local noncommercial educational television station shall not be repositioned by a cable operator unless the cable operator, at least 30 days in advance of such repositioning, has provided written notice to the station and all subscribers of the cable system. For purposes of this paragraph, repositioning includes (A) assignment of a qualified local noncommercial educational television station to a cable system channel number different from the cable system channel number to which the station was