106 STAT. 1488 PUBLIC LAW 102-385—OCT. 5, 1992 tihe flow of the video programming of such programmers to other video distributors; "(C) take particular account of the market structure, ownership patterns, and other relationships of the cable television industry, including the nature and market power of the local franchise, the joint ownership of cable systems and video programmers, and the various types of non-equity controlling interests; (D) account for any efficiencies and other benefits that might be gained through increased ownership or control; "(E) make such rules and regulations reflect the dynamic nature of the communications marketplace; "(F) not impose limitations which would bar cable operators from serving previously unserved rural areas; and (G) not impose limitations which would impsur the development of diverse and high qucdity video programming.". SEC. 12. REGULATION OF CARRIAGE AGREEMENTS. Part II of title VI of the Communications Act of 1934 is amended by inserting after section 615 (as added by section 5 of this Act) the following new section: 47 USC 536. «SEC. 616. REGULATION OF CARRIAGE AGREEMENTS.
- (a) REGULATIONS.—Within one year after the date of enactment
of this section, the Commission shall estabhsh regulations governing program carriage agreements and related practices between cable operators or other multichannel video programming distributors and video programming vendors. Such regulations shs^— "(1) include provisions designed to prevent a cable operator or otiier multichannel video programming distributor from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems; "(2) include provisions designed to prohibit a cable operator or other multichannel video programming distributor from coercing a video programming vendor to provide, and from retaUating against such a vendor for failing to provide, exclusive rights against other multichannel video programming distributors as a condition of carriage on a system; "(3) contain provisions designed to prevent a multichannel video programming distributor from engaging in conduct the effect of which is to unreasonably restrain the ability of an unciffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affOiation or nonafiiliation of vendors ui the selection, terms, or conditions for carriage of video programming provided by such vendors; "(4) provide for expedited review of any complaints made by a video progrsimming vendor pursuant to this section;
- (5) provide for appropriate penalties and remedies for
violations of this subsection, including carriage; and "(6) provide penalties to be assessed against any person filuig a fnvolous complaint pursuant to this section. " (b) DEFINITION.— As used in this section, the term Video programming vendor* means a person engaged in the production, creation, or wholesale distribution of video programming for sale.".