Page:United States Statutes at Large Volume 110 Part 1.djvu/140

 110 STAT. 116 PUBLIC LAW 104-104—FEB. 8, 1996 (c) GREATER DEREGULATION FOR SMALLER CABLE COMPANIES.— Section 623 (47 U.S.C 543) is amended by adding at the end thereof the following: "(m) SPECIAL RULES FOR SMALL COMPANIES.— "(1) IN GENERAL.— Subsections (a), (b), and (c) do not apply to a small cable operator with respect to— "(A) cable programming services, or "(B) a basic service tier that was the only service tier subject to regulation as of December 31, 1994, in any franchise area in which that operator services 50,000 or fewer subscribers. "(2) DEFINITION OF SMALL CABLE OPERATOR.—For purposes of this subsection, the term 'small cable operator' means a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000.". (d) MARKET DETERMINATIONS. — (1) MARKET DETERMINATIONS; EXPEDITED DECISIONMAK- ING.— Section 614(h)(1)(C) (47 U.S.C. 534(h)(1)(C)) is amended— (A) by striking "in the manner provided in section 73.3555(d)(3)(i) of title 47, Code of Federal Regulations, as in effect on May 1, 1991," in clause (i) and inserting "by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns,"; and (B) by striking clause (iv) and inserting the following: "(iv) Within 120 days after the date on which a request is filed under this subparagraph (or 120 days after the date of enactment of the Telecommunications Act of 1996, if later), the Commission shall grant or deny the request.". 47 USC 534 note. (2) APPLICATION TO PENDING REQUESTS. —The amendment made by paragraph (1) shall apply to— (A) any request pending under section 614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) on the date of enactment of this Act; and (B) any request filed under that section after that date. (e) TECHNICAL STANDARDS.— Section 624(e) (47 U.S.C. 544(e)) is amended by striking the last two sentences and inserting the following: "No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment or any transmission technology.". (f) CABLE EQUIPMENT COMPATIBILITY.—Section 624A (47 U.S.C. 47 USC 544a. 544A) is amended— (1) in subsection (a) by striking "and" at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting "; and"; and by adding at the end the following new paragraph: "(4) compatibility among televisions, video cassette recorders, and cable systems can be assured with narrow technical standards that mandate a minimum degree of common design and operation, leaving all features, functions, protocols, and other product and service options for selection through open competition in the market.";

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