HR 1746 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1746CommentsClose CommentsPermalink

To amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 5, 2011CommentsClose CommentsPermalink

Ms. BALDWIN (for herself and Mr. LATOURETTE) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Community Access Preservation Act’ or the ‘CAP Act’.CommentsClose CommentsPermalink

SEC. 2. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF PEG USE.

(a) In General- Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (h); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsections:CommentsClose CommentsPermalink





‘(f) Signal Quality and Content-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A cable operator that operates a cable system with channel capacity designated under subsection (b) or that is required to provide channel capacity under subsection (g)(7) shall, with respect to such channel capacity--CommentsClose CommentsPermalink





‘(A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public, educational, or governmental use;CommentsClose CommentsPermalink





‘(B) provide such signals to, and make such signals viewable by, every subscriber of the cable system without additional service or equipment charges; andCommentsClose CommentsPermalink





‘(C) provide to the appropriate local government subdivision, free of charge, any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph (A).CommentsClose CommentsPermalink





‘(2) ENFORCEMENT- The requirements of this subsection may be enforced by--CommentsClose CommentsPermalink





‘(A) a local government subdivision; orCommentsClose CommentsPermalink





‘(B) a State.CommentsClose CommentsPermalink





‘(3) LIMITATION ON ADDITIONAL REQUIREMENTS- A local government subdivision may not impose on a cable operator requirements relating to public, educational, or governmental use of a cable system that are in addition to the requirements of this subsection and subsection (g) unless--CommentsClose CommentsPermalink





‘(A) such requirements are not inconsistent with this section; andCommentsClose CommentsPermalink





‘(B) either--CommentsClose CommentsPermalink





‘(i) such local government subdivision is authorized by State law to impose such requirements; orCommentsClose CommentsPermalink





‘(ii) such local government subdivision is the franchising authority with respect to such cable system at the time such requirements are imposed.CommentsClose CommentsPermalink





‘(g) Preservation of Support of Public, Educational, and Governmental Use-CommentsClose CommentsPermalink





‘(1) STUDY- Not later than 180 days after the date of enactment of the Community Access Preservation Act, the Commission shall submit to Congress a report containing--CommentsClose CommentsPermalink





‘(A) an analysis of the impact of the enactment of State video service franchising laws since 2005 on public, educational, and governmental use of cable systems;CommentsClose CommentsPermalink





‘(B) an analysis of the impact of the conversion from analog to digital transmission technologies on public, educational, and governmental use of cable systems;CommentsClose CommentsPermalink





‘(C) recommendations for changes to this section required to preserve and advance localism and public, educational, and governmental use of advanced communications systems, including broadband systems; andCommentsClose CommentsPermalink





‘(D) recommendations for changes to this section, after cable systems have converted to a fully digital delivery system, relating to requirements for the accessibility of public, educational, or governmental channel capacity and the placement of such channel capacity, except that such recommendations may not include allowing cable operators to impose additional charges on subscribers with respect to the quality, accessibility, functionality, or placement of such channel capacity.CommentsClose CommentsPermalink





‘(2) LEVEL OF SUPPORT REQUIRED- In a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, notwithstanding such legislation, a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of the Community Access Preservation Act an amount for such year to be determined by the local government subdivision, but not to exceed the greatest of the following:CommentsClose CommentsPermalink





‘(A) The amount of support provided in the last calendar year ending before the effective date of such State legislation.CommentsClose CommentsPermalink





‘(B) The average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such State legislation.CommentsClose CommentsPermalink





‘(C) The amount of support that the cable operator is required to provide to such local government subdivision under such State legislation during the year involved.CommentsClose CommentsPermalink





‘(D) An amount of support equal to 2 percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved.CommentsClose CommentsPermalink





‘(3) FORMS OF SUPPORT- For purposes of paragraph (2), support for public, educational, or governmental use of a cable system means all cash payments, in-kind support, and free services that the operator of the cable system, or its predecessor, provides to the local government subdivision for such use of the cable system.CommentsClose CommentsPermalink





‘(4) ADJUSTMENT FOR INFLATION- For a year beginning on or after the effective date described in subparagraphs (A) and (B) of paragraph (2), on the date that the Gross National Product Price Index is first published by the Bureau of Economic Analysis after the end of June of such year, the amounts specified in such subparagraphs shall be increased by the percentage increase, if any, in the Index published on such date from the Index first published after the end of June of the preceding year.CommentsClose CommentsPermalink





‘(5) CASH PAYMENTS- A cable operator that owes amounts under paragraph (2) shall, beginning not later than 30 days after the date of enactment of the Community Access Preservation Act, pay such amounts in cash--CommentsClose CommentsPermalink





‘(A) in accordance with the schedule for payment of franchise fees, communications taxes, or other similar assessments under any applicable franchise; orCommentsClose CommentsPermalink





‘(B) if there is no payment schedule for such assessments under an applicable franchise, in accordance with the most frequent payment schedule for such assessments under applicable State or local law.CommentsClose CommentsPermalink





‘(6) USES; DISPUTES-CommentsClose CommentsPermalink





‘(A) USES- Support provided to any local government subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity.CommentsClose CommentsPermalink





‘(B) DISPUTES-CommentsClose CommentsPermalink





‘(i) MEDIATION- If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid to the local government subdivision, disputed amounts shall be paid into an escrow account, and the parties shall submit to nonbinding mediation.CommentsClose CommentsPermalink





‘(ii) COURT PROCEEDINGS- If the dispute cannot be settled using mediation, either party may seek relief from a court of competent jurisdiction.CommentsClose CommentsPermalink





‘(7) CHANNELS- In a State that adopts legislation affecting cable system franchising requirements relating to the number of channels for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, a cable operator shall, notwithstanding such legislation, provide in a local government subdivision at least the greater of the following number of channels for such use:CommentsClose CommentsPermalink





‘(A) The number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such State legislation.CommentsClose CommentsPermalink





‘(B) If the operator provided fewer than 3 channels for such use in the local government subdivision on the day before the effective date of such State legislation, a number specified by the local government subdivision, but not to exceed 3.CommentsClose CommentsPermalink





‘(8) ENFORCEMENT- The requirements of this subsection may be enforced by--CommentsClose CommentsPermalink





‘(A) a local government subdivision; orCommentsClose CommentsPermalink





‘(B) a State.’.CommentsClose CommentsPermalink





(b) Definitions-CommentsClose CommentsPermalink





(1) CABLE SERVICE- Section 602(6) of the Communications Act of 1934 (47 U.S.C. 522(6)) is amended by striking ‘means’ and inserting ‘means, regardless of the technology or transmission protocol used in the provision of service’.CommentsClose CommentsPermalink





(2) LOCAL GOVERNMENT SUBDIVISION- Section 602 of such Act (47 U.S.C. 522) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (16) through (20) as paragraphs (17) through (21), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (15) the following new paragraph:CommentsClose CommentsPermalink





‘(16) the term ‘local government subdivision’ means--CommentsClose CommentsPermalink





‘(A) except as provided in subparagraph (B), a franchising authority that derives its power to grant a franchise from State or local law; andCommentsClose CommentsPermalink





‘(B) in a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, an entity that was considered a franchising authority deriving its power to grant a franchise from State or local law as of the day before the effective date of such State legislation;’.CommentsClose CommentsPermalink





(3) FRANCHISE FEE- Section 622(g)(2) of such Act (47 U.S.C. 542(g)(2)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking ‘in the case of any franchise in effect on the date of enactment of this title,’;CommentsClose CommentsPermalink





(B) by striking subparagraph (C); andCommentsClose CommentsPermalink





(C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.CommentsClose CommentsPermalink