47 USC 548 - Development of competition and diversity in video programming distribution

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

§ 548.

Development of competition and diversity in video programming distribution

(a)

Purpose

(b)

Prohibition

(c)

Regulations required

(1)

Proceeding required

(2)

Minimum contents of regulations

The regulations to be promulgated under this section shall—

(A)

establish effective safeguards to prevent a cable operator which has an attributable interest in a satellite cable programming vendor or a satellite broadcast programming vendor from unduly or improperly influencing the decision of such vendor to sell, or the prices, terms, and conditions of sale of, satellite cable programming or satellite broadcast programming to any unaffiliated multichannel video programming distributor;

(B)

prohibit discrimination by a satellite cable programming vendor in which a cable operator has an attributable interest or by a satellite broadcast programming vendor in the prices, terms, and conditions of sale or delivery of satellite cable programming or satellite broadcast programming among or between cable systems, cable operators, or other multichannel video programming distributors, or their agents or buying groups; except that such a satellite cable programming vendor in which a cable operator has an attributable interest or such a satellite broadcast programming vendor shall not be prohibited from—

(i)

imposing reasonable requirements for creditworthiness, offering of service, and financial stability and standards regarding character and technical quality;

(ii)

establishing different prices, terms, and conditions to take into account actual and reasonable differences in the cost of creation, sale, delivery, or transmission of satellite cable programming or satellite broadcast programming;

(iii)

establishing different prices, terms, and conditions which take into account economies of scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor; or

(iv)

entering into an exclusive contract that is permitted under subparagraph (D);

(C)

prohibit practices, understandings, arrangements, and activities, including exclusive contracts for satellite cable programming or satellite broadcast programming between a cable operator and a satellite cable programming vendor or satellite broadcast programming vendor, that prevent a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which a cable operator has an attributable interest or any satellite broadcast programming vendor in which a cable operator has an attributable interest for distribution to persons in areas not served by a cable operator as of October 5, 1992; and

(D)

with respect to distribution to persons in areas served by a cable operator, prohibit exclusive contracts for satellite cable programming or satellite broadcast programming between a cable operator and a satellite cable programming vendor in which a cable operator has an attributable interest or a satellite broadcast programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest.

(3)

Limitations

(A)

Geographic limitations

(B)

Applicability to satellite retransmissions

(4)

Public interest determinations on exclusive contracts

In determining whether an exclusive contract is in the public interest for purposes of paragraph (2)(D), the Commission shall consider each of the following factors with respect to the effect of such contract on the distribution of video programming in areas that are served by a cable operator:

(A)

the effect of such exclusive contract on the development of competition in local and national multichannel video programming distribution markets;

(B)

the effect of such exclusive contract on competition from multichannel video programming distribution technologies other than cable;

(C)

the effect of such exclusive contract on the attraction of capital investment in the production and distribution of new satellite cable programming;

(D)

the effect of such exclusive contract on diversity of programming in the multichannel video programming distribution market; and

(E)

the duration of the exclusive contract.

(5)

Sunset provision

(d)

Adjudicatory proceeding

(e)

Remedies for violations

(1)

Remedies authorized

(2)

Additional remedies

(f)

Procedures

The Commission shall prescribe regulations to implement this section. The Commission’s regulations shall—

(1)

provide for an expedited review of any complaints made pursuant to this section;

(2)

establish procedures for the Commission to collect such data, including the right to obtain copies of all contracts and documents reflecting arrangements and understandings alleged to violate this section, as the Commission requires to carry out this section; and

(3)

provide for penalties to be assessed against any person filing a frivolous complaint pursuant to this section.

(g)

Common carriers

(h)

Exemptions for prior contracts

(1)

In general

(2)

Limitation on renewals

(i)

Definitions

As used in this section:

(1)

The term “satellite cable programming” has the meaning provided under section 605 of this title, except that such term does not include satellite broadcast programming.

(2)

The term “satellite cable programming vendor” means a person engaged in the production, creation, or wholesale distribution for sale of satellite cable programming, but does not include a satellite broadcast programming vendor.

(3)

The term “satellite broadcast programming” means broadcast video programming when such programming is retransmitted by satellite and the entity retransmitting such programming is not the broadcaster or an entity performing such retransmission on behalf of and with the specific consent of the broadcaster.

(4)

The term “satellite broadcast programming vendor” means a fixed service satellite carrier that provides service pursuant to section 119 of title 17 with respect to satellite broadcast programming.

(June 19, 1934, ch. 652, title VI, § 628, as added Pub. L. 102–385, § 19, Oct. 5, 1992, 106 Stat. 1494; amended Pub. L. 104–104, title III, § 301(h), Feb. 8, 1996, 110 Stat. 117; Pub. L. 115–141, div. P, title IV, § 402(d), Mar. 23, 2018, 132 Stat. 1089.)

cite as: 47 USC 548