47 U.S.C. § 536 — Regulation of carriage agreements

submitted 92 years ago by Pub. L. 102-385 to r/title-47-TELECOMMUNICATIONS · 270 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC must write rules governing program-carriage deals between cable or video distributors and programming vendors. These rules must stop distributors from demanding ownership stakes or exclusive deals as a condition of carriage. They must also bar unfair discrimination against vendors and set up a complaint process with penalties.

(a) Regulations. Within one year of October 5, 1992, the FCC had to write regulations governing program carriage agreements and related practices between cable operators (or other multichannel video programming distributors) and video programming vendors. These regulations must: (1) stop a distributor from requiring a financial interest in a program service as a condition of carrying it; (2) stop a distributor from pressuring a vendor to give it exclusive rights against other distributors as a condition of carriage, and from retaliating against a vendor that refuses; (3) stop a distributor from unreasonably blocking an unaffiliated vendor from competing fairly, by discriminating in distribution based on whether a vendor is affiliated with the distributor; (4) provide for fast-tracked review of complaints filed under this section; (5) set appropriate penalties and remedies for violations, including ordering carriage; and (6) set penalties for anyone who files a frivolous complaint under this section. (b) "Video programming vendor" defined. In this section, "video programming vendor" means a person who produces, creates, or sells video programming wholesale.

the actual law source: uscode.house.gov ↗public domain

(a) Regulations

Within one year after October 5, 1992, the Commission shall establish regulations governing program carriage agreements and related practices between cable operators or other multichannel video programming distributors and video programming vendors. Such regulations shall—

(1)

include provisions designed to prevent a cable operator or other 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 retaliating 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 unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in 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 programming 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 filing a frivolous complaint pursuant to this section.

(b) “Video programming vendor” defined

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.

Source credit: (June 19, 1934, ch. 652, title VI, § 616, as added Pub. L. 102–385, § 12, Oct. 5, 1992, 106 Stat. 1488.)

history & why it existsrecord from the source credit

1934Enacted · Pub. L. 102-385 · 106 Stat. 1488

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-385 on 1934-06-19.

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