Page:United States Statutes at Large Volume 98 Part 3.djvu/418

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2790

Effective date.

PUBLIC LAW 98-549—OCT. 30, 1984

"(1) in its request for proposals for a franchise (including requests for renewal proposals, subject to section 626), may establish requirements for facilities and equipment, but may not establish requirements for video programming or other information services; and "(2) subject to section 625, may enforce any requirements contained within the franchise— "(A) for facilities and equipment; and "(B) for broad categories of video programming or other services. "(c) In the case of any franchise in effect on the effective date of this title, the franchising authority may, subject to section 625, enforce requirements contained within the franchise for the provision of services, facilities, and equipment, whether or not related to the establishment or operation of a cable system. "(d)(1) Nothing in this title shall be construed as prohibiting a franchising authority and a cable operator from specifying, in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions, if such cable services are obscene or are otherwise unprotected by the Constitution of the United States. "(2)(A) In order to restrict the viewing of programming which is obscene or indecent, upon the request of a subscriber, a cable operator shall provide (by sale or lease) a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. "(B) Subparagraph (A) shall take effect 180 days after the effective date of this title. "(e) The Commission may establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise. "(f)(1) Any Federal agency. State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this title. "(2) Paragraph (1) shall not apply to— "(A) any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on September 21, 1983, or (ii) may be amended after such date if the rule, regulation, or order as amended is not inconsistent with the express provisions of this title; and "(B) any rule, regulation, or order under title 17, United States Code. "MODIFICATION OF FRANCHISE OBLIGATIONS

47 USC 545.

"SEC. 625. (a)(1) During the period a franchise is in effect, the cable operator may obtain from the franchising authority modifications of the requirements in such franchise— "(A) in the case of any such requirement for facilities or equipment, including public, educational, or governmental access facilities or equipment, if the cable operator demonstrates that (i) it is commercially impracticable for the operator to comply with such requirement, and (ii) the proposal by the cable operator for modification of such requirement is appropriate because of commercial impracticability; or "(B) in the case of any such requirement for services, if the cable operator demonstrates that the mix, quality, and level of