Summary: S.2445 — 97th Congress (1981-1982)All Information (Except Text)

There is one summary for S.2445. Bill summaries are authored by CRS.

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Introduced in Senate (04/27/1982)

Cable Telecommunications Competition and Deregulation Act of 1982 - Amends the Communications Act of 1934 to set forth provisions governing cable telecommunications. Directs the Federal Communications Commission (FCC) to oversee the implementation of such provisions.

Authorizes any State, local government, or cable franchising authority to adopt or continue in effect regulations affecting cable systems which are not inconsistent with the purposes and policies of the cable provisions of this Act.

Directs the cable operator and the cable franchising authority to determine jointly the: (1) amount and nature of basic service; (2) number of channels to be used for program origination; and (3) minimum capacity of telecommunications facilities to be provided by the cable operator.

Prohibits any licensee, owner, or operator of a television station from providing cable telecommunications within a specified grade contour of the station, unless its system carries all the television stations with a contour that overlaps the cable operating area.

Prohibits persons who provide telephone exchange service from providing cable telecommunications in the same operating area, unless the FCC grants permission and there is a sufficient showing that such person will provide significant additional diversity and competition in programming and information. Directs the FCC to require conditions that minimize anticompetitive practices and foster the purposes and policies of the cable provisions whenever such persons are permitted to provide cable telecommmunications. Authorizes, notwithstanding such restrictions, persons who provide telephone exchange service in rural areas with low population density to provide cable telecommunications in such areas.

Permits States, local governments, or cable franchising authorities to regulate the rates of cable operators only for the provisions of basic service to subscribers. Prohibits such entities from regulating rates if the FCC determines that effective competition already exists. Authorizes petition to the FCC to make such determinations.

Authorizes the FCC to ensure that the provision of cable telecommunications will not materially impair the ability of any person to receive broadcast signals which they would otherwise receive.

Directs the FCC to establish ceilings for the franchise fees paid by cable system operators.

Prohibits any state or local government from preventing a cable operator, who is not a person who also provides telephone exchange service in the same operating area, from offering telecommunications facilities. Permits certain persons to provide telecommunications facilities free from any regulation by any State, local government, or cable franchising authority. Prohibits such entities from regulating resale or shared use of telecommunications facilities offered by a cable operator. Authorizes any person to petition the FCC to obtain access to the telecommunications facilities of a cable operator. Sets forth the findings the FCC must make to grant such petition.

States that a cable telecommunications service shall be considered to be subject to effective competition if a reasonably available alternative exists.

Provides for the protection of the privacy of a cable subscriber. States that the Federal criminal code provisions dealing with interceptions of wire communications preempt the privacy provisions of this Act if there is any inconsistency between the provisions.

Prohibits any cable operator, channel programmer, or originator of broadband telecommunications from using the cable system to collect personnally identifiable information on a cable subscriber without the written consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclsosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator, channel programmer, or originator of broadband telecommunications. Authorizes civil damages for violations of these privacy provisions.

Directs the FCC to promote equal employment opportunity by radio stations and cable system operators.

Directs the FCC to encourage the introduction of new and additional services by new applicants, existing licensees, or other persons. Creates a presumption that new services are in the public interest if the FCC finds that such services are technically feasible without causing significant technical degradation to or interference with radio transmissions by other licensees. Sets forth the manner of filing petitions or applications for providing new services.

Prohibits unauthorized interception or reception of broadband telecommunications. Authorizes temporary or final injunctions to prevent or restrain violations of the provisions covering unauthorized use or publication of communications. Sets forth the method of computing damages for violations of such provisions.