47 U.S.C. § 555a — Limitation of franchising authority liability
submitted 92 years ago by Pub. L. 102-385 to r/title-47-TELECOMMUNICATIONS · 264 words · no verdicts yet
For specified cable-regulation claims, available relief is generally limited to injunctions and declarations, with exceptions for completed cases and discrimination claims. The section does not itself create liability.
(a) In a court case pending or begun after October 5, 1992, involving a claim against a franchising authority* or other governmental entity, or its official, member, employee, or agent, arising from cable-service regulation or a decision approving or denying a franchise* grant, renewal, transfer, or amendment, any relief required by federal, State*, or local law is limited to injunctive and declaratory relief. (b) That limit does not apply to an action already determined, before the violation, by a final unappealable order of a court with binding jurisdiction to violate a cable operator’s rights. (c) The section does not limit relief for a claim involving discrimination based on race, color, sex, age, religion, national origin, or handicap. (d) The section does not create or authorize liability under any law for an action or failure to act concerning cable service* or a franchise grant by the listed authorities or people.
In any court proceeding pending on or initiated after October 5, 1992, involving any claim against a franchising authority* or other governmental entity, or any official, member, employee, or agent of such authority or entity, arising from the regulation of cable service* or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise*, any relief, to the extent such relief is required by any other provision of Federal, State*, or local law, shall be limited to injunctive relief and declaratory relief.
The limitation contained in subsection (a) shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator’s rights.
Nothing in this section shall be construed as limiting the relief authorized with respect to any claim 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.
Nothing in this section shall be construed as creating or authorizing liability 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.
Source credit: (June 19, 1934, ch. 652, title VI, § 635A, as added Pub. L. 102–385, § 24(a), Oct. 5, 1992, 106 Stat. 1500.)
- 1934Enacted · Pub. L. 102-385 · 106 Stat. 1500
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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