§ 533.
(a)
Cable operator holding license for multichannel distribution or offering satellite service
It shall be unlawful for a cable operator to hold a license for multichannel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the franchise area served by that cable operator’s cable system. The Commission—
(1)
shall waive the requirements of this paragraph for all existing multichannel multipoint distribution services and satellite master antenna television services which are owned by a cable operator on October 5, 1992;
(2)
may waive the requirements of this paragraph to the extent the Commission determines is necessary to ensure that all significant portions of a franchise area are able to obtain video programming; and
(3)
shall not apply the requirements of this subsection to any cable operator in any franchise area in which a cable operator is subject to effective competition as determined under section 543(l) of this title.
(b)
Repealed. [Pub. L. 104–104, title III, § 302(b)(1)], Feb. 8, 1996, [110 Stat. 124]
(e)
Holding of ownership interests or exercise of editorial control by States or franchising authorities
(1)
Subject to paragraph (2), a State or franchising authority may hold any ownership interest in any cable system.
(2)
Any State or franchising authority shall not exercise any editorial control regarding the content of any cable service on a cable system in which such governmental entity holds ownership interest (other than programming on any channel designated for educational or governmental use), unless such control is exercised through an entity separate from the franchising authority.
(f)
Enhancement of effective competition
(1)
In order to enhance effective competition, the Commission shall, within one year after October 5, 1992, conduct a proceeding—
(A)
to prescribe rules and regulations establishing reasonable limits on the number of cable subscribers a person is authorized to reach through cable systems owned by such person, or in which such person has an attributable interest;
(B)
to prescribe rules and regulations establishing reasonable limits on the number of channels on a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest; and
(C)
to consider the necessity and appropriateness of imposing limitations on the degree to which multichannel video programming distributors may engage in the creation or production of video programming.
(2)
In prescribing rules and regulations under paragraph (1), the Commission shall, among other public interest objectives—
(A)
ensure that no cable operator or group of cable operators can unfairly impede, either because of the size of any individual operator or because of joint actions by a group of operators of sufficient size, the flow of video programming from the video programmer to the consumer;
(B)
ensure that cable operators affiliated with video programmers do not favor such programmers in determining carriage on their cable systems or do not unreasonably restrict the flow of the video programming of such programmers to other video distributors;
(C)
take particular account of the market structure, ownership patterns, and other relationships of the cable television industry, including the nature and market power of the local franchise, the joint ownership of cable systems and video programmers, and the various types of non-equity controlling interests;
(D)
account for any efficiencies and other benefits that might be gained through increased ownership or control;
(E)
make such rules and regulations reflect the dynamic nature of the communications marketplace;
(F)
not impose limitations which would bar cable operators from serving previously unserved rural areas; and
(G)
not impose limitations which would impair the development of diverse and high quality video programming.
([June 19, 1934, ch. 652], title VI, § 613, as added [Pub. L. 98–549, § 2], Oct. 30, 1984, [98 Stat. 2785]; amended [Pub. L. 102–385, § 11], Oct. 5, 1992, [106 Stat. 1486]; [Pub. L. 103–414, title III, § 303(a)(22)], Oct. 25, 1994, [108 Stat. 4295]; [Pub. L. 104–104, title II, § 202(i)], title III, §§ 302(b)(1), Feb. 8, 1996, [110 Stat. 112], 124.)