Page:United States Statutes at Large Volume 106 Part 2.djvu/584

 106 STAT. 1464 PUBLIC LAW 102-385—OCT. 5, 1992 "(18) the term 'usable activated channels' means activated channels of a cable system, except those channels whose use for the distribution of broadcast signals would conflict with technical and safety regulations as determined by the Commission; and". SEC. 3. REGULATION OF RATES. (a) AMENDMENT. —Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended to read as follows: "SEC. 623. REGULATION OF RATES. "(a) COMPETITION PREFERENCE; LOCAL AND FEDERAL REGULA- TION.— "(1) IN GENERAL. —No Federal agency or State may regulate the rates for the provision of cable service except to the extent provided under this section and section 612. Any franchising authority may regulate the rates for the provision of cable service, or any other communications service provided over a cable system to cable subscribers, but only to the extent provided under this section. No Federal agency. State, or franchising authority may regulate the rates for cable service of a cable system that is owned or operated by a local government or franchising authority within whose jurisdiction that cable system is located and that is the only cable system located within such jurisdiction. "(2) PREFERENCE FOR COMPETITION. —If the Commission finds that a cable system is subject to effective competition, the rates for the provision of cable service by such system shall not be subject to regulation by the Commission or by a State or franchising authority under this section. If the Commission finds that a cable system is not subject to effective competition— "(A) the rates for the provision of basic cable service shall be subject to regulation by a franchising authority, or by the Commission if the Commission exercises jurisdiction pursuant to paragraph (6), in accordance with the regulations prescribed by the Commission under subsection (b); and "(B) the rates for cable programming services shall be subject to regulation by the Commission under subsection (c). "(3) QUALIFICATION OF FRANCHISING AUTHORITY.— A franchising authority that seeks to exercise the regulatory jurisdiction permitted under paragraph (2)(A) shall file with the Commission a written certification that— " (A) the franchising authority will adopt and administer regulations with respect to the rates subject to regulation under this section that are consistent with the regulations prescribed by the Commission under subsection (b); "(B) the franchising authority has the legal authority to adopt, and the personnel to administer, such regulations; and "(C) procedural laws and regulations applicable to rate regulation proceedings by such authority provide a reasonable opportunity for consideration of the views of interested parties. "(4) APPROVAL BY COMMISSION. — ^A certification filed by a franchising authority under paragraph (3) shall be effective

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