Page:United States Statutes at Large Volume 106 Part 2.djvu/606

 106 STAT. 1486 PUBLIC LAW 102-385—OCT. 5, 1992 "(5) For the purposes of this section, the term 'commercial use' means the provision of video programming, whether or not for profit.". SEC. 10. CHILDREN^ PROTECTION FROM INDECENT PROGRAMMING ON LEASED ACCESS CHANNELS. (a) AUTHORITY TO ENFORCE. —Section 612(h) of the Communications Act of 1934 (47 U.S.C. 532(h)) is amended— (1) by inserting "or the cable operator" after "fi-anchising authority'; and (2) by adding at the end thereof the following: 'This subsection snedl permit a cable operator to enforce prospectively a written and published policy of prohibiting programming that the cable operator reasonably beueves descrioes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.". (b) COMMISSION REGULATIONS.— Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is amended by inserting after subsection (i) (as added by section 9(c) of this Act) the following new subsection: "(j)(l) Within 120 days following the date of the enactment of this subsection, the Commission shall promulgate regulations designed to limit the access of children to indecent programming, as defined by Commission regulations, and which cable operators have not voluntarily^ prohibited under subsection (h) by— "(A) requiring cable operators to place on a single channel all indecent programs, as identified by program providers, intended for carriage on channels designated for commercial use under this section; "(B) requiring cable operators to block such single channel unless the subscriber requests access to such channel in writing; and "(C) requiring programmers to inform cable operators if the program would be indecent as defined by Commission regulations. "(2) Cable operators shall comply with the regulations promulgated pursuant to paragraph (1).". Regulations. (c) PROHIBITS SYSTEM USE. —Within 180 days following the 47 USC 531 note, date of the enactment of this Act, the Federal Commimications 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 ptuDlic, educational, or governmental access facility for any programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawfiil conduct. (d) CONFORMING AMENDMENT. — Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking the period at the end and inserting the following: "unless the program mvolves obscene material.". SEC. 11. LIMITATIONS ON OWNERSHIP, CONTROL, AND UTILIZATION. (a) CROSS-OWNERSHIP. —Section 613(a) of the Communications Act of 1934 (47 U.S.C. 533(a)) is amended— (1) by inserting "(1)" immediately after "(a)"; and (2) by adding at the end the following new paragraph: "(2) It shall be unlawfiil for a cable operator to hold a hcense for multichannel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any

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