47 U.S.C. § 544 — Regulation of services, facilities, and equipment

(a) A franchising authority may regulate a cable operator’s services, facilities, and equipment only as this subchapter allows. (b) For a franchise granted after this subchapter took effect, and concerning establishing or operating a cable system: (1) In a franchise proposal request, including a renewal request subject to section 546, the franchising authority may require facilities and equipment, but, except under subsection (h), may not require video programming or other information services. (2) Subject to section 545, it may enforce franchise requirements for (A) facilities and equipment and (B) broad categories of video programming or other services. (c) For a franchise already in effect when this subchapter took effect, the authority may, subject to section 545, enforce requirements for services, facilities, and equipment whether or not related to establishing or operating a cable system. (d)(1) A franchise or renewal may specify that obscene cable services, or services otherwise unprotected by the Constitution, will not be provided or will be provided under conditions. (2) At a subscriber’s request, the operator must sell or lease a device that lets the subscriber block a particular obscene or indecent cable service during times the subscriber chooses. (3)(A) If the operator gives a premium channel free to subscribers who do not subscribe to it, at least 30 days beforehand it must tell all subscribers that it plans to do so, when it plans to do so, and that they may request blocking; it must block the channel when a subscriber requests it. (B) “Premium channel” means a pay service offered per channel or program that offers movies rated X, NC–17, or R by the Motion Picture Association of America. (e) Within one year after October 5, 1992, the Commission must issue minimum technical standards for cable operation and signal quality and periodically update them for technology improvements. A State or franchising authority may not prohibit, condition, or restrict a cable system’s use of any subscriber equipment or transmission technology. (f)(1) A Federal agency, State, or franchising authority may not impose requirements about providing or the content of cable services except as this subchapter expressly allows. (2) This does not apply to (A) a Federal-law rule, regulation, or order in effect September 21, 1983, or later amendments that remain consistent with this subchapter, or (B) a rule, regulation, or order under title 17. (g) Despite such rules, each cable operator must follow Commission standards ensuring cable viewers receive the same emergency information provided by the emergency broadcasting system under the cited Commission regulations. (h) A franchising authority may require an operator to: (1) give 30 days’ advance written notice of a channel-assignment change or a change in the video programming service on a channel; and (2) tell subscribers in writing that a designated authority office records comments about programming and channel-position changes. (i) Within 120 days after October 5, 1992, the Commission must issue rules governing what happens to cable the operator installed inside a subscriber’s premises after the subscriber ends cable service.