Cable Consumer Protection Act of 1983

Cable Consumer Protection Act of 1983 - Amends the Communications Act of 1934 to add a new title dealing with cable telecommunications. Grants the Federal Communications Commission (FCC), the States, and local franchising authorities jurisdiction over cable systems. Authorizes any State or local government or franchising authority to award, in accordance with the provisions of the new title, cable franchises within its jurisdiction. Prohibits cable operators, other than those operating on December 31, 1983, from providing its cable system basic service, cable service, or telecommunications service without a cable franchise. Grants State and local franchising authorities jurisdiction to assure the availability and fair terms of any basic service and any telecommunications service. Authorizes the FCC to establish minimum cable system standards for: (1) technical specifications; (2) public, governmental, and educational access capacity; (3) system interconnection; (4) equal employment opportunity and affirmative action; and (5) cross ownership of cable and other media. Authorizes State and local governments or franchising authorities to establish additional requirements to assure that cable systems are constructed and operated in the public interest. Prohibits a State or local government or franchising authority from regulating cable service unless that service is not subject to competition in the relevant market. Requires cable services to be presumed to be subject to effective competition. Authorizes a cable operator to contract with a franchising authority to provide specific cable services under specific conditions. Authorizes the FCC and State or local franchising authorities to adopt regulations to encourage fair and reasonable treatment of cable subscribers. Declares that nothing in the Act shall be construed as prohibiting a franchising authority and cable operator from agreeing that certain cable services shall not be provided or shall be provided subject to conditions if such cable services are obscene or otherwise unprotected by the Constitution. Authorizes the imposition of franchise fees by State or local governments or franchising authorities. Limits the amount of a franchise fee to five percent of the cable operator's gross revenues. Excludes certain taxes and charges from the definition of franchise fee. Requires franchise renewal applications to be filed 24 to 36 months before expiration of a franchise. Sets forth the schedule for consideration of a renewal application by the franchising authority. Prohibits cable operators or cable subscribers from using the cable system to collect personally identifiable information with respect to a cable subscriber without the prior written consent of that subscriber. Permits the collection of such information for billing purposes, to monitor cable operator performance, to monitor for unauthorized reception of telecommunications, or to collect aggregate information about subscriber viewing patterns. Requires such information to be destroyed when it is no longer used or to be used for such purposes. Prohibits disclosure of personally identifiable information obtained for such purposes or personally identifiable information with respect to the services provided to or received by a particular cable subscriber except upon the prior written consent of the subscriber or pursuant to a court order. Requires that a subscriber's consent shall be valid for no more than one year and shall be revocable. Prohibits imposing a penalty or offering an incentive to obtain such consent. Requires the consent to be expressed and signed on a document intended solely for evidencing the subscriber's consent. Requires the cable subscriber to be notified at least 14 days before personally identifiable information is disclosed pursuant to a court order. Requires cable operators to inform subscribers of their right to prevent disclosure of personally identifiable information. Requires that a subscriber shall have access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator or other cable subscriber. Provides for civil damages for violations of subscriber privacy. Declares that nothing in this Act shall be construed as affecting existing cable franchises. Authorizes making such franchises subject to this Act. Authorizes a cable operator to invoke this Act if within one year after its enactment the cable operator can prove that its franchise is an unconscionable contract. Prohibits any person from using the mail or any means of interstate commerce in furtherance of an offer to pay money or give something of value to an official in order to influence the official's decision or to induce the official to influence a franchising authority decision relating to a cable television franchise. Prohibits any person from using the mail or any means of interstate commerce corruptly in furtherance of an offer to pay money or give something of value to any person while knowing or having reason to know that such payment will be offered, given, or promised to an official to influence the official's decision or to induce the official to influence a franchising authority decision relating to a cable television franchise. Sets forth penalties for violations of such prohibitions. Prohibits any person or government authority from intercepting or receiving broadband telecommunications unless specifically authorized to do so or otherwise specifically authorized by Federal law. Requires a State or local franchising authority to adopt regulations to assure that no landlord, mobile home park owner, or governing body of a condominium or cooperative shall interfere with the installation of cable television facilities upon their property except for imposing certain safety and compensation requirements. Requires the FCC to report to Congress every five years on whether it believes changed circumstances in telecommunications services and basic services warrant amendment or repeal of this Act.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on November 3, 1983. It describes the bill, it is not the legal text.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.