47 USC 535 - Carriage of noncommercial educational television

U.S Code last checked for updates: Nov 22, 2024

§ 535.

Carriage of noncommercial educational television

(a)

Carriage obligations

(b)

Requirements to carry qualified stations

(1)

General requirement to carry each qualified station

(2)

Systems with 12 or fewer channels

(A)

Notwithstanding paragraph (1), a cable operator of a cable system with 12 or fewer usable activated channels shall be required to carry the signal of one qualified local noncommercial educational television station; except that a cable operator of such a system shall comply with subsection (c) and may, in its discretion, carry the signals of other qualified noncommercial educational television stations.

(B)

In the case of a cable system described in subparagraph (A) which operates beyond the presence of any qualified local noncommercial educational television station—

(i)

the cable operator shall import and carry on that system the signal of one qualified noncommercial educational television station;

(ii)

the selection for carriage of such a signal shall be at the election of the cable operator; and

(iii)

in order to satisfy the requirements for carriage specified in this subsection, the cable operator of the system shall not be required to remove any other programming service actually provided to subscribers on March 29, 1990; except that such cable operator shall use the first channel available to satisfy the requirements of this subparagraph.

(3)

Systems with 13 to 36 channels

(A)

Subject to subsection (c), a cable operator of a cable system with 13 to 36 usable activated channels—

(i)

shall carry the signal of at least one qualified local noncommercial educational television station but shall not be required to carry the signals of more than three such stations, and

(ii)

may, in its discretion, carry additional such stations.

(B)

In the case of a cable system described in this paragraph which operates beyond the presence of any qualified local noncommercial educational television station, the cable operator shall import and carry on that system the signal of at least one qualified noncommercial educational television station to comply with subparagraph (A)(i).

(C)

The cable operator of a cable system described in this paragraph which carries the signal of a qualified local noncommercial educational station affiliated with a State public television network shall not be required to carry the signal of any additional qualified local noncommercial educational television stations affiliated with the same network if the programming of such additional stations is substantially duplicated by the programming of the qualified local noncommercial educational television station receiving carriage.

(D)

A cable operator of a system described in this paragraph which increases the usable activated channel capacity of the system to more than 36 channels on or after March 29, 1990, shall, in accordance with the other provisions of this section, carry the signal of each qualified local noncommercial educational television station requesting carriage, subject to subsection (e).

(c)

Continued carriage of existing stations

(d)

Placement of additional signals

(e)

Systems with more than 36 channels

(f)

Waiver of nonduplication rights

(g)

Conditions of carriage

(1)

Content to be carried

(2)

Bandwidth and technical quality

(3)

Changes in carriage

(4)

Good quality signal required

(5)

Channel positioning

(h)

Availability of signals

(i)

Payment for carriage prohibited

(1)

In general

(2)

Distant signal exception

(j)

Remedies

(1)

Complaint

(2)

Opportunity to respond

(3)

Remedial actions; dismissal

(k)

Identification of signals

(l)

Definitions

For purposes of this section—

(1)

Qualified noncommercial educational television station

The term “qualified noncommercial educational television station” means any television broadcast station which—

(A)

(i)

under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and

(ii)

has as its licensee an entity which is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in

(B)

is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes.

Such term includes (I) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area, (II) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto, and (III) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.

(2)

Qualified local noncommercial educational television station

The term “qualified local noncommercial educational television station” means a qualified noncommercial educational television station—

(A)

which is licensed to a principal community whose reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (as in effect on March 29, 1990), or any successor regulations thereto, is within 50 miles of the principal headend of the cable system; or

(B)

whose Grade B service contour, as defined in section 73.683(a) of such title (as in effect on March 29, 1990), or any successor regulations thereto, encompasses the principal headend of the cable system.

(June 19, 1934, ch. 652, title VI, § 615, as added Pub. L. 102–385, § 5, Oct. 5, 1992, 106 Stat. 1477.)

cite as: 47 USC 535