1983-07-20 Public Hearings and Regular Meeting

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S 8328 "CRIMINAL AND CIVIL LIARILITy • • CONGRESSIONAL RECORD —SENATE •' SEc. 612. Nothing in this title shall be deemed to affect the criminal or civil liabili- ty of channel programers or cable operators pursuant to the laic of libel, slander, obseen- ity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur such liability for any program carried on any public, educational, governmental, or other channel referred to in subsection (a) of section 606, or for any program required by law to be carried on any other channel. • • franchise and in accordance with the provi- sion thereof. For purposes of this subsec- tion, a franchise agreement containing such requirements shall be considered to have been in effect on such date of enactment if such agreement was the result of a fran- chise proceeding for which a request for -proposals was originally issued, however subsequently modified or replaced, on or prior to September 30, 1982. "PROGRAMING. SERVICES, AND FACILITIES "SEC. 613. (a) No State or political subdivi- sion or agency thereof, or franchising au- thority, may require the provision of partic- ular programing or other broadband serv- ices, or facilities, equipment, services, or other items of value which are not related to the provision of broadband tekx*mmuni- cations service. "(b) A franchising authority may require, as part of the franchise request for propos- als— "(1) channel capacity for public, educa- tional or governmental access purposes; and "(2) the construction of cable system facil- ities or provision of other cable -related equipment. "(c) A cable operator may offer. but may not be required to provide, as part of basic service or any other tier of service-- "(1) channel capacity for other access uses; and (2) particular services. "(d) The cable operator may replace or remove a particular service specified in the cable franchise as part of the basic service or any other tier of cable service or telecom- munications service in any case in which there has been a significant change in cir- cumstances since the cable operator's offer to provide such service. The cable operator may not be required to retain a specified service in any particular category of service other than basic service. "(2) In any case in which a cable operator submits a showing that, as a Insult of a Sig- nificant Chan a in circumstances, particular facilities and equipment required by the franchise are economically, technically, or otherwise impracticable, the franchising au- thority shall enter into negotiations with the cable operator for the termination, modification. or deferral of such require- ment. If such terms and conditions cannot be agreed upon within 45 days, the matter shall be submitted to binding arbitration. For purposes of arbitration, each of the af- fected parties shall select 1 arbitrator and the 2 arbitrators so selected shall choose a third arbitrator. The existing franchise pro- visions. except for those which are the sub- ject of arbitration, shall not be affected by the arbitrators' final decision. "(e) Except as prodded in subsection (C) of this section, a franchising authority may, in accordance with the provisions of this section, enforce any offer to provide partic- ular basic service set forth in subsection,(c) or particular cable services or telecommuni- cations services or cable system facilities or cable -related equipment offered by a cable operator provided that the provision of such services, facili es, or equipment is specifi- cally required by the franchise agreemert. "(f) Notwithstanding the preceding provi- sions of this section, in any case in which a franchise agreement in effect on the date of the enactment of the Cable': elecommunica- tions Act of 1983 requires the cable operator to Provide particular programing,_ services, facilities, cable related equipment, or chan- nel capability for access uses, such require- ments, subject to subsections (d) and (e), shall remain in effect for the term of the "NO REGULATION AS COMMON CARRIER "SEC. 614. No executive agency of the United States, including the Commission, and no State or political subdivision or agency thereof, or franchising authority. shall have authority to impose on a cable system regulation as a common carrier or a utility to the extent that such cable system provides broadband telecommunications service other than basic telephone service.". EXCLUSIVE JURISDICTION SEC. 2. (a) Except to the extent otherwise specifically provided in title VI of the Com- munications Act of 1934, as added by the first section of this Act and as provided. in section 607 of such title, the Federal Gov- ernment shall have exclusive jurisdiction over broadband telecommunications regard- ing matters covered by such title. (b) Any law of any State or political subdi- vision or agency thereof, or franchising au- thority, in effect on the effective date of title VI of the Communications Act of 1934, as added by the first section of this Act, which is In conflict with the provision of subsection (a) of this section relating to the exclusive jurisdiction of the Federal Gov- ernment, shall be deemed superseded, as of the expiration of the 6-month period follow- ing the date of the enactment of this Act, and shall thereafter be null and void and of no effect. (c) Except W the extent otherwise pro- vided by this Act and the amendments made thereby, any State or political subdivision or agency thereof, or franchising authority, may exercise jurisdiction over matters which are of strictly local concern and which are necessary for reasons of public health, safety, and welfare, including the terms and conditions for the granting of a franchise, the construction and operation of a cable system, and the enforcement and ad- ministration of a franchise. June 14, 1983 "DECLARATION "SEC. 8. The Congress declares that com. Petition is a more efficient regulator than government of the provision of diverse com- munications services and as competition continues to develop, the deregulation of communications services should occur.". _ EFFECTIVE DATE SEC. 4. The provisions of this Act and the amendments made thereby shall take effect upon the date of enactment of this Act. REDESIGNATION SEC. 5. The existing title VI of the Com- munications Act of 1934 is redesignated as title VII, and sections 601 through 609 are redesignated as sections 701 through 709. respectively. Mr. HATFIELD. Mr. President, I move to reconsider the vote by which the bill was passed. Mr. BAKER. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. BARER: Mr. President, I wish to commend the distinguished chair- man of the Commerce . Committee (Senator PACKWOOD) and the Senator from Arizona, the chairman of the Subcommittee on Communications (Senator GOLDWATER), the Senator from Kentucky, and others who par- ticipated in the deliberations of the Senate on the cable TV bill. This is an important measure which was hotly debated and adopted in a fairly prompt manner. I extend my congratulations to them for the efficient management of this important matter. Mr. President, as I have already an- nounced, there will be no more record votes tonight. ORDERS FOR WEDNESDAY ORDER FOR RECESS UNTIL 9:30 A.M. TOMORROW Mr. BARER. Mr. President, I ask unanimous consent that when the Senate completes Its business today It NEW AND ADDITIONAL SERVICES stand in recess until the hour of 9:30 Sac. 3. 71tle I of the Communications Act a.m. tomorrow. of 1934 is amended by inserting after section The PRESIDING OFFICER. With- 6 the following new sections: out objection, it is so ordered. NEW AND ADDITIONAL SERVICES "Sac. 7. (a) Consistent with sound spec- trum management, the Commission shall, to the maximum feasible extent, encourage the introduction of new and additional serv- ices by new applicants, existing licensees, or other persons. In any proceeding in which new or additional services are proposed, such services shall be presumed to be in the Public interest whenever the Commission finds that such services are techically feasi- ble without causing significant technical degradation to or interference with radio transmissions by other licensees. "(b) Any person may file with the Com- mission a petition to establish or an applica- tion to offer a new or additional services. "(c) The Commission must determine whether the new or additional service pro- posed in a petition or application is in the public interest within I year after such peti- tion or application is filed. If the Commis- sion initiates its owls proceeding for a new or additional service, such proceeding must be completed within 12 months after it is initiated ORDER FOR REDUCTION IN LEADERSHIP TIME TOMORROW Mr. BAKER. Mr. President, I fur- ther ask unanimous consent that —and may -I say, by the way. that I have talked to the minority leader about this and he is agreeable —on tomorrow the time allocated to the two leaders under the standing order be reduced to 5 minutes each. The PRESIDING OFFICER.. With- out objection, it is so ordered. ORDER FOR THE RECOGNITION OF SENATOR JACKSON ON TOMORROW Mr. BAKER. Mr. President, I ask unanimous consent that, after the rec- ognition of the two leaders under the standing order, the distinguished Sen- ator from Washington (Mr. JACKSON) be recognized on a special order of not to exceed 15 minutes. The PRESIDING OFFICER. With- out objection, it is so ordered.