Page:United States Statutes at Large Volume 106 Part 2.djvu/604

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106 STAT. 1484 PUBLIC LAW 102-385—OCT. 5, 1992 chise area, notwithstanding the granting of one or more franchises by such franchising authority; or "(2) require such local or municipal authority to secure a franchise to operate as a multichannel video programming distributor. ". SEC. 8. CONSUMER PROTECTION AND CUSTOMER SERVICE. Section 632 of the Communications Act of 1934 (47 U.S.C. 552) is amended to read as follows: SEC. 632. CONSUMER PROTECTION AND CUSTOMER SERVICE. "(a) FRANCHISING AUTHORITY ENFORCEMENT.— A franchising authority may establish and enforce— "(1) customer service requirements of the cable operator; and "(2) construction schedules and other construction-related requirements, including construction-related performance requirements, of the cable operator. "(b) COMMISSION STANDARDS. — The Commission shall, within 180 days of enactment of the Cable Television Consumer Protection and Competition Act of 1992, establish standards by which cable operators may fulfill their customer service requirements. Such standgirds shall include, at a minimum, requirements governing— "(1) cable system office hours and telephone availability; "(2) installations, outages, and service calls; and "(3) communications between the cable operator and the subscriber (including standards governing bills and refunds). " (c) CONSUMER PROTECTION LAWS AND CUSTOMER SERVICE AGREEMENTS.— "(1) CONSUMER PROTECTION LAWS. —Nothing in this title shall be construed to prohibit any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted by this title. "(2) CUSTOMER SERVICE REQUIREMENT AGREEMENTS. —Nothing in this section shall be construed to preclude a franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards established by the Commission under subsection (b). Nothing in this title shall be construed to prevent the establishment or enforcement of any municipal law or regulation, or any State law, concerning customer service that imposes customer service requirements that exceed the standards set by the Commission under this section, or that addresses matters not addressed by the standards set by the Commission under this section.". SEC. 9. LEASED COMMERCIAL ACCESS. (a) PURPOSE.—Section 612(a) of the Communications Act of 1934 (47 U.S.C. 532(a)) is amended by inserting "to promote competition in the delivery of diverse sources of video programming and" after "purpose of this section is". (b) COMMISSION RULES ON MAXIMUM REASONABLE RATES AND OTHER TERMS AND CONDITIONS. — Section 612(c) of such Act (47 U.S.C. 532(c)) is amended— (1) in paragraph (1) by inserting "and with rules prescribed by the Commission under paragraph (4)" after "purpose of this section"; and (2) by adding at the end the following new paragraph: "(4)(A) The Commission shall have the authority to—