CHAPTER 62. BROADCASTER SAFEGUARDS - Texas Statutes

UTILITIES CODE

TITLE 2. PUBLIC UTILITY REGULATORY ACT

SUBTITLE C. TELECOMMUNICATIONS UTILITIES

CHAPTER 62. BROADCASTER SAFEGUARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 62.001. APPLICABILITY OF CHAPTER. This chapter does not

apply to a cable company.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 62.002. DEFINITIONS. In this chapter:

(1) "Audio programming":

(A) means programming:

(i) provided by an amplitude modulation or frequency modulation

broadcast radio station; or

(ii) generally considered comparable to programming described by

Subparagraph (i); and

(B) does not include an audio-related service offered by an

incumbent local exchange company on September 1, 1995.

(2) "Video programming" means programming provided by or

generally considered comparable to programming provided by a

television broadcast station as defined by Section 602,

Communications Act of 1934 (47 U.S.C. Section 522).

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 62.003. REQUIREMENTS RELATING TO AUDIO AND VIDEO

PROGRAMMING. (a) This section applies only to a provider of

advanced services or local exchange telephone service that has

more than 500,000 access lines in service in this state and that

delivers audio programming with localized content or video

programming to its subscribers in those service areas where such

provider is not regulated as a cable system under federal law.

(b) Notwithstanding any other provision of this title, a

provider of advanced services or local exchange telephone service

shall provide subscribers access to the signals of the local

broadcast television and radio stations licensed by the Federal

Communications Commission to serve those subscribers over the

air; provided with respect to low power television stations, this

section shall only apply to those low power television stations

that are "qualified low power stations" as defined in 47 U.S.C.

Section 534(h)(2).

(c) To facilitate access by subscribers of a provider of

advanced services or local exchange telephone service to the

signals of local broadcast stations, a station either shall be

granted mandatory carriage or may request retransmission consent

with the provider.

(d) This title does not require a provider of advanced services

or local exchange telephone service to provide a television or

radio station valuable consideration in exchange for carriage.

(e) A provider of advanced services or local exchange telephone

service shall transmit without degradation the signals a local

broadcast station delivers to the provider. The transmission

quality offered a broadcast station may not be lower than the

quality made available to another broadcast station or video or

audio programming source.

(f) A provider of advanced services or local exchange telephone

service that delivers audio or video programming to its

subscribers may not:

(1) discriminate among broadcast stations or between broadcast

stations on the one hand and programming providers on the other

with respect to transmission of their signals, taking into

account any consideration afforded a provider of advanced

services or local exchange telephone service by any such

programming provider or broadcast station; or

(2) delete, change, or alter a copyright identification

transmitted as part of a broadcast station's signal.

(g) A provider of advanced services or local exchange telephone

service that delivers audio or video programming shall be subject

to any applicable network nonduplication or syndicated

exclusivity rules promulgated by the Federal Communications

Commission to the extent applicable to cable systems as defined

by the commission.

(h) A provider of advanced services or local exchange telephone

service that delivers audio or video programming to its

subscribers shall include all programming providers in a

subscriber programming guide, if any, that lists program

schedules.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 25, eff. September 7, 2005.