47 USC 335 - Direct broadcast satellite service obligations

U.S Code last checked for updates: May 15, 2024

§ 335.

Direct broadcast satellite service obligations

(a)

Proceeding required to review DBS responsibilities

(b)

Carriage obligations for noncommercial, educational, State public affairs, and informational programming

(1)

Channel capacity required

(A)

In general

(B)

Requirement for qualified satellite provider

(2)

Use of unused channel capacity

(3)

Prices, terms, and conditions; editorial control

(4)

Limitations

In determining reasonable prices under paragraph (3)—

(A)

the Commission shall take into account the nonprofit character of the programming provider and any Federal funds used to support such programming;

(B)

the Commission shall not permit such prices to exceed, for any channel made available under this subsection, 50 percent of the total direct costs of making such channel available; and

(C)

in the calculation of total direct costs, the Commission shall exclude—

(i)

marketing costs, general administrative costs, and similar overhead costs of the provider of direct broadcast satellite service; and

(ii)

the revenue that such provider might have obtained by making such channel available to a commercial provider of video programming.

(5)

Definitions

For purposes of this subsection:

(A)

The term “provider of direct broadcast satellite service” means—

(i)

a licensee for a Ku-band satellite system under part 100 of title 47 of the Code of Federal Regulations; or

(ii)

any distributor who controls a minimum number of channels (as specified by Commission regulation) using a Ku-band fixed service satellite system for the provision of video programming directly to the home and licensed under part 25 of title 47 of the Code of Federal Regulations.

(B)

The term “national educational programming supplier” includes any qualified noncommercial educational television station, other public telecommunications entities, and public or private educational institutions.

(C)

The term “qualified satellite provider” means any provider of direct broadcast satellite service that—

(i)

provides the retransmission of the State public affairs networks of at least 15 different States;

(ii)

offers the programming of State public affairs networks upon reasonable prices, terms, and conditions as determined by the Commission under paragraph (4); and

(iii)

does not delete any noncommercial programming of an educational or informational nature in connection with the carriage of a State public affairs network.

(D)

The term “State public affairs network” means a non-commercial non-broadcast network or a noncommercial educational television station—

(i)

whose programming consists of information about State government deliberations and public policy events; and

(ii)

that is operated by—

(I)

a State government or subdivision thereof;

(II)

an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of such title and that is governed by an independent board of directors; or

(III)

a cable system.

(June 19, 1934, ch. 652, title III, § 335, as added Pub. L. 102–385, § 25(a), Oct. 5, 1992, 106 Stat. 1501; amended Pub. L. 111–175, title II, § 209, May 27, 2010, 124 Stat. 1254.)

cite as: 47 USC 335