47 U.S.C. § 531

Cable channels for public, educational, or governmental use

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(a) Authority to establish requirements with respect to designation or use of channel capacity

A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section.

(b) Authority to require designation for public, educational, or governmental use

A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator’s proposal for a franchise renewal, subject to section 546 of this title, that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section.

A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b).

(d) Promulgation of rules and proceduresIn the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe—(1) rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated, and(2) rules and procedures under which such permitted use shall cease.(e) Editorial control by cable operator

Subject to section 544(d) of this title, a cable operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this section, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity.

(f) “Institutional network” defined

For purposes of this section, the term “institutional network” means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers.

(June 19, 1934, ch. 652, title VI, § 611, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2782; Pub. L. 104–104, title V, § 506(a), Feb. 8, 1996, 110 Stat. 136.)Editorial NotesAmendments

1996—Subsec. (e). Pub. L. 104–104 inserted before period at end “, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

Regulations

Pub. L. 102–385, § 10(c), Oct. 5, 1992, 106 Stat. 1486, provided that: “Within 180 days following the date of the enactment of this Act [Oct. 5, 1992], the Federal Communications Commission shall promulgate such regulations as may be necessary to enable a cable operator of a cable system to prohibit the use, on such system, of any channel capacity of any public, educational, or governmental access facility for any programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct.”

Notes of Decisions

Cited in 81 cases (1 in the last 5 years), 1986–2021 · leading case: Denver Area Educ. Telecomm. Consortium, Inc. v. Fed. Commc'ns Comm'n, 518 U.S. 727 (1996).

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Denver Area Educ. Telecomm. Consortium, Inc. v. Fed. Commc'ns Comm'n, 518 U.S. 727 (1996). · cites it 14× “See 47 U. S. C. §§ 531 (e) (public access), 532(c)(2) (leased access).”

Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002). · cites it 2× “[60] 47 U.S.C. § 531 . [61] Report of the Committee on Energy and Commerce on the Cable Franchise Policy and Communications Act of 1984, H.”

Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921 (2019). “§§ 895.1(f), 895.4(b) (2018). State law requires that use of the public access channels be free of charge and first-come, first-served.”

Robert M. Goldberg v. Cablevision Sys. Corp., a Delaware Corp., 261 F.3d 318 (2d Cir. 2001). · cites it 5× “See 47 U.S.C. § 531 . 3 The Act further *321 allows a franchising authority to “require rules and procedures for the use of the channel capacity designated” for PEG programming and to “enforce any requirement in any franchise [agreement] regarding the providing or use of such…”

Goldberg v. Cable Vision Sys. Corp., 193 F. Supp. 2d 588 (E.D.N.Y 2002). · cites it 12× “Cable operators must comply with the terms of the resultant franchise agreement in addition to following federal and state law.”

Goldberg v. Cablevision Sys. Corp., 281 F. Supp. 2d 595 (E.D.N.Y 2003). · cites it 13× “Cable operators must comply with the terms of the resultant franchise agreement in addition to federal and state law.”

Caprotti v. Town of Woodstock, 721 N.E.2d 957 (NY 1999). · cites it 12× “By statutory grant, the municipality is vested with authority to address allegedly defamatory programming ( see, 47 USC § 531 [b]). Based on that authority, the municipality promulgated what it aptly called "Regulations.”

Robert Horton, Nationalist Television, a Texas Non-Profit Corp. & Barry Hackney v. City of Houston, Texas & Access Houston Cable Corp., 179 F.3d 188 (5th Cir. 1999). · cites it 2× “See generally, Pluralism on the Bench: Understanding Denver Area Educational Telecommunications Consortium v.”

Glendora v. Cablevision Sys. Corp., 893 F. Supp. 264 (S.D.N.Y. 1995). · cites it 4× “” 47 U.S.C. § 531 (e). Section 544(d) permits operator intervention only “if such cable services are obscene or are otherwise unprotected by the Constitution of the United States.”

Time Warner Cable v. City of New York, 943 F. Supp. 1357 (S.D.N.Y. 1996). · cites it 4× “” 47 U.S.C. § 531 (a). These stations are known as PEG channels or PEG access.”

NCTA - The Internet & TV Ass'n v. Frey, 7 F.4th 1 (1st Cir. 2021). · cites it 4× “The House Report that accompanied the bill described these PEG channels as "the video equivalent of the speaker's soap box or the electronic parallel to the printed leaflet" because "they provide groups and individuals who generally have not had access to the electronic media…”

Motion Picture Ass'n of Am., Inc. v. Fed. Commc'ns Comm'n, 309 F.3d 796 (D.C. Cir. 2002). “, 47 U.S.C. § 531 (governing designation of cable channels for public, educational, or governmental use).”

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— 47 U.S.C. § 531(b) — 2 cases

Glendora v. Cablevision Sys. Corp., 893 F. Supp. 264 (S.D.N.Y. 1995). “” 47 U.S.C. § 531 (e). Section 544(d) permits operator intervention only “if such cable services are obscene or are otherwise unprotected by the Constitution of the United States.”

City of Dallas v. Fed. Commc'ns Comm'n, 165 F.3d 341 (5th Cir. 1999).

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