U.S. Code » Title 47 » Chapter CHAPTER 5— WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER V–A— CABLE COMMUNICATIONS › Part Part III— Franchising and Regulation

47 U.S.C. § 547

Conditions of sale

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(a) If a renewal of a franchise held by a cable operator is denied and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be—(1) at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself, or(2) in the case of any franchise existing on the effective date of this subchapter, at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer.(b) If a franchise held by a cable operator is revoked for cause and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be—(1) at an equitable price, or(2) in the case of any franchise existing on the effective date of this subchapter, at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer.(June 19, 1934, ch. 652, title VI, § 627, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2793.)Editorial NotesReferences in Text

For “the effective date of this subchapter”, referred to in subsecs. (a)(2) and (b)(2), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as an Effective Date note under section 521 of this title.

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.

Notes of Decisions
Cited in 8 cases, 1989–2015 · leading case: Time Warner Ent. Co. v. Fed. Commc'ns Comm'n, 240 F.3d 1126 (D.C. Cir. 2001).
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Time Warner Ent. Co. v. Fed. Commc'ns Comm'n, 240 F.3d 1126 (D.C. Cir. 2001). “at 1494; 47 U.S.C. § 547 . 9 . The term "effective competition” means that— (A) fewer than 30 percent of the households in the franchise area subscribe to the cable system; (B) the franchise area is— (i) served by at least two unaffiliated multichannel video programming…”
City of Chicago v. Comcast Cable Holdings, L.L.C., 900 N.E.2d 256 (Ill. 2008). “In a joint motion to dismiss, the defendants argued that the contractual fee provision was preempted by section 542(b) of the Cable Communications Policy Act of 1984 (Communications Act) ( 47 U.S.C. §547 (2000)), as interpreted by the Federal Communications Commission (FCC).”
DIRECTV, Inc. v. Roberts, 477 S.W.3d 293 (Tenn. Ct. App. 2015). “§ 533 , 652;- cable franchise acquisition, 47 U.S.C. § 547 ; cable rates, 47 U.S.C. § 543 (b),(d); and the transfer of cable television systems, 47 C.”
E. Telecom Corp. v. Borough of East Conemaugh, 872 F.2d 30 (3rd Cir. 1989). “” 47 U.S.C. § 547 (a) (Supp. II 1984). Such a proceeding must take place “[djuring the six-month period that begins with the 36th month before the franchise expiration.”
EchoStar Satellite L.L.C. v. Fed. Commc'ns Comm'n, 704 F.3d 992 (D.C. Cir. 2013). · cites it 2× “at 1494 (codified at 47 U.S.C. § 547 ). Clearly, Congress was adept at using the terms “satellite” and “multichannel video programming distributor” when it so chose.”
In re the Dep't of Def. Cable Television Franchise Agreements, 36 Fed. Cl. 171 (Fed. Cl. 1996). · cites it 2× “Indeed, other provisions expressly provide for a franchisor to pay for costs in at least two instances: upon non-renewal and transfer ( 47 U.S.C. § 547 (a)), and upon for cause terminations ( 47 U.”
City of Chicago v. Comcast Cable Holdings, L.L.C. (Ill. 2008). “In a joint motion to dismiss, the defendants argued that the contractual fee provision was preempted by section 542(b) of the Cable Communications Policy Act of 1984 (Communications Act) ( 47 U.S.C. §547 (2000)), as interpreted by the Federal Communications Commission (FCC).”
Echostar Satellite L.L.C. v. Fed. Commc'ns Comm'n, 704 F.3d 992 (D.C. Cir. 2013). “at 1494 (codified at 47 U.S.C. § 547 ). Clearly, Congress was adept at using the terms “satellite” and “multichannel video programming distributor” when it so chose.”
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