Page:United States Statutes at Large Volume 106 Part 2.djvu/614

 106 STAT. 1494 PUBLIC LAW 102-385—OCT. 5, 1992 (1) by inserting "that has been submitted in comphance with subsection (b)" after "Any denial of a proposal for renew"; and (2) by striking "or has effectively acquiesced" and inserting "or the cable operator gives written notice of a failure or inability to cure and the franchising authority fails to object within a reasonable time after receipt of such notice". (e) HARMLESS ERROR. — Section 626(e)(2)(A) of the Communications Act of 1934 (47 U.S.C. 546(e)(2)(A)) is amended by inserting after "franchising authority" the following: ", other than harmless error,". (f) CONFLICT BETWEEN REVOCATION AND RENEWAL PROCEED- INGS. — Section 626 of the Communications Act of 1934 (47 U.S.C. 546) is amended by adding at the end the following new subsection: "(i) Notwithstanding the provisions of subsections (a) through (h), any lawful action to revoke a cable operator's franchise for cause shall not be negated by the subsequent initiation of renewal proceedings by the cable operator under this section.". SEC. 19. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION. Part III of title VI of the Commimications Act of 1934 is amended by inserting after section 627 (47 U.S.C. 547) the following new section: 47 USC 548. 'SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION. "(a) PURPOSE.— The purpose of this section is to promote the public interest, convenience, and necessity by increasing competition and diversity in the multichannel video programming market, to increase the availability of satellite cable programming and satellite broadcast programming to persons in rural and other areas not currently able to receive such programming, and to spur the development of communications tecmiologies. "(b) PROHIBITION.— It shall be imlawful for a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor to engage in unfsdr methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor from providing satelUte cable programming or satellite broadcast programming to subscribers or consumers. "(c) REGULATIONS REQUIRED.— "(1) PROCEEDING REQUIRED. — Within 180 days after the date of enactment of this section, the Commission shall, in order to promote the public interest, convenience, and necessity by increasing competition and diversity in the multichannel video programming market and the continuing development of communications technologies, prescribe regulations to specify particular conduct that is prohibited by subsection (b). "(2) MINIMUM CONTENTS OF REGULATIONS. — The regulations to be promulgated under this section shall— "(A) establish effective safeguards to prevent a cable operator which has an attributable interest in a satellite cable programming vendor or a satellite broadcast programming vendor from unduly or improperly influencing the decision of such vendor to sell, or the prices, terms, and conditions of sale of, satelUte cable programming or satellite

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