Page:United States Statutes at Large Volume 98 Part 3.djvu/429

 PUBLIC LAW 98-549—OCT. 30, 1984

98 STAT. 2801

shall remain in effect, subject to the express provisions of this title, and for not longer than the then current remaining term of the franchise as such franchise existed on such effective date. "(b) For purposes of subsection (a) and other provisions of this title, a franchise shall be considered in effect on the effective date of this title if such franchise was granted on or before such effective date. "CRIMINAL AND CIVIL LIABILITY

"SEC. 638. Nothing in this title shall be deemed to affect the 47 USC 558. criminal or civil liability of cable programmers or cable operators pursuant to the Federal, State, or local law of libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur any such liability for any program carried on any channel designated for public, educational, governmental use or on any other channel obtained under section 612 or under similar arrangements. "OBSCENE PROGRAMMING

"SEC. 639. Whoever transmits over any cable system any matter 47 USC 559. which is obscene or otherwise unprotected by the Constitution of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both.". JURISDICTION

SEC. 3. (a)(1) Section 2(a) of the Communications Act of 1934 is amended by adding at the end thereof the following: "The provisions of this Act shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in title VL". (2) Section 2(b) of such Act is amended by inserting after "section 301" the following: "and title VI". (b) The provisions of this Act and amendments made by this Act shall not be construed to affect any jurisdiction the Federal Communications Commission may have under the Communications Act of 1934 with respect to any communication by wire or radio (other than cable service, as defined in section 602(5) of such Act) which is provided through a cable system, or persons or facilities engaged in such communications.

47 USC 152.

Ante, p. 2780. 47 USC 521 note. 47 USC 609.

POLE ATTACHMENTS

SEC. 4. Section 224(c) of the Communications Act of 1934 is 47 USC 224. amended by adding at the end thereof the following new paragraph: "(3) For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments— "(A) unless the State has issued and made effective rules and regulations implementing the State's regulatory authority over pole attachments; and "(B) with respect to any individual matter, unless the State takes final action on a complaint regarding such matter— "(i) within 180 days after the complaint is filed with the State, or "(ii) within the applicable period prescribed for such final action in such rules and regulations of the State, if the

�