Page:United States Statutes at Large Volume 106 Part 2.djvu/621

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PUBLIC LAW 102-385—OCT. 5, 1992 106 STAT. 1501 of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator's rights. "(c) DISCRIMINATION CLAIMS PERMITTED.—Nothing in this section shall be construed as limiting the relief authorized with respect to any clsdm against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves discrimination on the basis of race, color, sex, age, religion, national origin, or handicap. "(d) RULE OF CONSTRUCTION.— Nothing in this section shall be construed as creating or authorizing hability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity.". (b) CONFORMING AMENDMENT. — Section 635(b) of the Communications Act of 1934 (47 U.S.C. 555(b)) is amended by inserting "and with the provisions of subsection (a)" after "subsection (a). SEC. 25. DIRECT BROADCAST SATELLITE SERVICE OBLIGATIONS. (a) AMENDMENT.— Part I of title III of the Communications Act of 1934 is further amended by inserting after section 334 (as added by section 22(f) of this Act) the following new section: «SEC. 335. DIRECT BROADCAST SATELLITE SERVICE OBLIGATIONS. 47 USC 335. " (a) PROCEEDING REQUIRED TO REVIEW DBS RESPONSIBIL- ITIES.— The Commission shall, within 180 days after the date of enactment of this section, initiate a rulemaking proceeding to impose, on providers of direct broadcast satellite service, public interest or other requirements for providing video programming. Any regulations prescribed pursuant to such rulemaking shall, at a minimum, apply the access to broadcast time requirement of section 312(a)(7) and the use of facilities requirements of section 315 to providers of direct broadcast satellite service providing video programming. Such proceeding also shall examine the opportunities that the establishment of direct broadcast satellite service provides for the principle of localism under this Act, and the methods by which such principle may be served through technological and other developments in, or regulation of, such service. "(b) CARRIAGE OBLIGATIONS FOR NONCOMMERCIAL, EDU- CATIONAL, AND INFORMATIONAL PROGRAMMING.— "(1) CHANNEL CAPACITY REQUIRED. —The Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a provider of direct broadcast satellite service providing video programming, that the provider of such service reserve a portion of its channel capacity, equal to not less than 4 percent nor more than 7 percent, exclusively for noncommercial programming of an educational or informational nature. "(2) USE OF UNUSED CHAJJNEL CAPACITY. — A provider of such service may utilize for any purpose any unused channel capacity required to be reserved under this subsection pending the actual use of such channel capacity for noncommerci^ programming of an educational or informational nature. "(3) PRICES, TERMS, AND CONDITIONS; EDITORIAL CONTROL.— A provider of direct broadcast satellite service shall meet the requirements of this subsection by making chemnel capacity available to national educational programming suppliers, upon reasonable prices, terms, and conditions, as determined by the