Cable Telecommunications Act of 1983

Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to authorize any governmental entity empowered to grant a cable television franchise to require: (1) that a reasonable amount of channel capacity be designated for public, educational, or government purposes; and (2) that rules be promulgated governing the use of such channel capacity, including rules for creating an agency or nonprofit organization to administer the use of such channel capacity. Allows the cable system operator to use such channel capacity for other purposes until there is a demand for use of such capacity for public, educational, or governmental purposes. Prohibits a cable operator from exercising any editorial control over any video programming for such purposes.

Requires a cable operator to designate a specified percentage of its channel capacity not required for use under Federal law for commercial use by persons unaffiliated with the operator. Prohibits any Federal, State, or local authority from requiring the designation of a greater percentage of channel capacity for commercial use by unaffiliated persons. Allows an operator to continue using such designated capacity until a written agreement with an unaffiliated person is obtained. Directs the operator to establish prices, terms, and conditions for such use that are sufficient to assure that the operation, financial condition, and market development of the cable system are not adversely affected. Prohibits a cable operator from exercising any editorial control over video programming for such use except to the extent necessary to assure that such cable system is not adversely affected. Prohibits the use of such channel capacity to provide a cable service being provided on the enactment date of this Act in order to avoid providing a diversity of information sources. Authorizes any person aggrieved by the failure of an operator to make channel capacity available for such commercial use to seek to compel that such capacity be made available by bringing an action in the appropriate Federal district court or by petitioning the Federal Communications Commission (FCC). Authorizes the FCC to prescribe rules necessary to assure that a cable operator or owner provides for a diversity of information sources over the cable system: (1) upon finding that prior adjudications constitute a pattern of such failure by such person; and (2) whenever cable systems with 36 or more activated channels are available to 70 percent of U.S. households and are subscribed to by 70 percent of the households to which such systems are available.

Prohibits a person from owning or controlling a cable system if such person: (1) is the licensee of a television broadcast station the predicted grade B contour (field strength) of which covers any part of the community served by such cable system; (2) owns or controls a daily newspaper published in such community; or (3) is a common carrier providing telephone exchange service in any part of such community, excluding specified rural areas. Authorizes the FCC to prescribe rules concerning the common ownership or control of cable systems by persons who own or control other media of mass communications serving the community served by the cable system. Prohibits any State or local authority from regulating the diversity of ownership of mass media interests.

Prohibits any State or local authority that has an interest in any cable system from directly or indirectly controlling the content of any programming on such system, except programming on educational, public, or government channels, unless such authority establishes an independent board or separate management company.

Prohibits the owner of a multiple unit dwelling from interfering with the provision of cable service requested by a resident. Permits the owner to require that: (1) the costs of installation, construction, operation, or removal of the cable facilities be borne by the subscriber, the operator, or both; (2) the condition of the dwelling and the safety and convenience of other residents are not adversely affected by the installation or construction of such facilities; and (3) the owner be fully compensated by the cable operator for any damages caused by such facilities. Directs the FCC to establish the amount of just compensation to which the owner is entitled.

Authorizes a governmental or franchising authority to award one or more cable franchises within its jurisdiction. Directs such authority to assure that the opportunity to purchase cable service is not denied to any class of potential subscribers because of income or economic status. Provides that a franchise shall be construed to authorize the construction of a cable system over public rights-of-way and through easements dedicated for compatible uses, provided the property owners are compensated for any resulting damages. Prohibits a cable system from providing cable service without a franchise.

Permits a governmental or franchising authority to require the construction of cable system facilities or the provision of certain equipment as part of an initial franchise or a franchise renewal proceeding. Directs such authority to negotiate and, if necessary, enter binding arbitration with a cable operator over the termination, modification, or deferral of a requirement for facilities or equipment (excluding facilities or equipment for educational, public, or government use) that the operator shows to be impracticable as a result of a significant change in circumstances.

Provides that the terms of any franchise agreement resulting from a request for proposals originally issued on or before September 30, 1982, shall remain in effect for the remaining term of the franchise.

Declares that no cable system shall be subject to regulation as a common carrier or utility by reason of providing cable service.

Authorizes a governmental or franchising authority to require a cable operator to pay a franchise fee not to exceed an annual aggregate of five percent of such operator's gross revenues. Permits a cable operator to pass the cost of any increase in the franchise fee through to subscribers.

Prohibits a governmental or franchising authority from requiring the provisions of services, facilities, or other items not related to the provision of cable service under a franchise.

Authorizes a franchising authority to regulate the rates for the provision of basic cable service and the installation or rental of equipment necessary for the receipt of such service for any cable system that is not located within the grade B contour of four or more full power television signals with at least one affiliate of each of the three major commercial television networks. Authorizes such an authority to regulate the rates of a franchise in effect on the enactment date of this Act for the greater of five years or one-half of the remaining term of the franchise. Authorizes annual rate increases not exceeding the regional consumer price index if subscribers are given 30 days notice. Provides that requests for rate increases shall be deemed to be granted if not acted upon within 90 days. Bars any other regulation of rates, with specified exceptions, by any Federal, State, local, or other franchising authority.

Prohibits any such authority from regulating the provision or content of cable services, except that: (1) any applicable FCC regulation in effect on September 21, 1983, may remain in effect; (2) a franchising authority may enforce the terms of a franchise agreement under which the cable operator agrees to provide particular services; (3) a franchising authority and a cable operator may specify that certain services that are obscene or otherwise unprotected by the Constitution may not be provided; and (4) an operator may be required to offer basic cable services. Allows an operator to rearrange, replace, or remove a service specified in a franchise if there has been a significant change in circumstances.

Requires a franchising authority to grant an application for the renewal or extension of an operator's franchise, unless: (1) the operator has not substantially complied with the franchise or applicable law or has committed a felony; (2) there has been a change in the operator's qualifications that impairs the provision of service; (3) the facilities to be provided by the operator are unreasonable in terms of cost and community need; (4) the signal of the operator's system has not met the FCC's technical standards; or (5) the proposals of the application are otherwise unreasonable. Sets forth time requirements and procedures governing the filing, consideration, and denial of applications and the judicial review of adverse decisions.

Prohibits a franchising authority, upon the expiration of a franchise, from acquiring an ownership interest in a cable system, or requiring a sale of a system to another person, at less than the system's fair market value. Prohibits a franchising authority from acquiring an ownership interest in a system subject to a franchise termination resulting from a material breach by a cable operator, unless the operator was provided notice of, and a reasonable opportunity to remedy, the breach.

Prohibits any cable operator or any other person who provides cable services from using the cable system to collect personnally identifiable information on a cable subscriber without the written or electronic consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personnally identifiable information collected and maintained by a cable operator or other person providing cable services. Authorizes civil damages for violations of these privacy provisions.

States that cable operators have no liability for programs on public, educational, or governmental channels or for channels designated for commercial use by unaffiliated persons.

Prohibits any person from intercepting or receiving cable services or assisting in intercepting or receiving cable services without specific authorization by a cable operator or by law. Sets forth provisions governing civil remedies, the determination of civil damages, and criminal penalties for violations of such prohibition.

Provides that a State shall not be considered to regulate the rates, terms, and conditions for pole attachments unless: (1) the State has issued and made effective regulations implementing such regulatory authority; and (2) the State takes final action on a complaint about an individual matter within 60 days.