Page:United States Statutes at Large Volume 106 Part 2.djvu/601

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


PUBLIC LAW 102-385—OCT. 5, 1992 106 STAT. 1481 "(3) REMEDIAL ACTIONS; DISMISSAL.— Within 120 days after the date a complaint is filed under this subsection, the Commission shall determine whether the cable operator has complied with the requirements of this section. If the Commission determines that the cable operator has failed to comply with such requirements, the Commission shall state with psirticularity the basis for such findings and order the cable operator to take such remedial action as is necessary to meet such requirements. If the Commission determines that the cable operator has fiiliy complied with such requirements, the Commission shall dismiss the complaint. "(k) IDENTIFICATION OF SIGNALS. — A cable operator shall identify, upon request by any person, those signals carried in fulfillment of the requirements of this section. "(1) DEFINITIONS. —For purposes of this section— "(1) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION. —The term 'qualified noncommercial educational television station' means any television broadcast station which— "(A)(i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and "(ii) has as its licensee an entity which is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B); or "(B) is owned and operated by a mimicipality and transmits predominantly noncommercigd programs for educational purposes. Such term includes (I) the translator of any noncommercial educational television station with five watts or higher power serving the fi-anchise area, (II) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto, and (III) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations. "(2) QUALIFIED LOCAL NONCOMMERCIAL EDUCATIONAL TELE- VISION STATION. — The term 'qualified local noncommercial educational television station' means a qualified noncommercial educational television station— "(A) which is licensed to a principal community whose reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (as in effect on March 29, 1990), or any successor regulations thereto, is within 50 miles of the principal headend of the cable system; or "(B) whose Grade B service contour, as defined in section 73.683(a) of such title (as in effect on March 29, 1990), or any successor regulations thereto, encompasses the principal headend of the cable system. ".