Understanding Cable Television: A Comprehensive Guide
Cable television is a video delivery service provided by a cable operator to subscribers via coaxial cable or fiber optics. Programming delivered wirelessly, such as via satellite, is not considered “cable television” by the Federal Communications Commission (FCC). A cable system operator owns or controls the cable system and provides service, which includes transmitting video and other programming to subscribers. The physical infrastructure used to deliver this service is called a cable system.
Cable services are often bundled into tiered packages with varying rates. Basic service typically includes over-the-air broadcasts and public access channels, regulated by local authorities. Cable programming service encompasses channels beyond the basic tier, while per-channel or per-program options allow subscribers to pay for specific content.
Before operating, cable operators must register with the FCC, disclosing information about ownership, service area, signals carried, and regulatory compliance. State and local regulations also govern cable television, often addressing franchising, subscriber service, and basic cable rates.
The Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 established fundamental policies concerning cable television ownership, channel usage, subscriber rates, and market competition. These acts aimed to promote diverse viewpoints, encourage market-driven growth, ensure cable expansion, and protect consumer interests.
Local franchising authorities typically regulate basic cable service rates, while the FCC does not regulate cable programming service rates. Cable systems meeting specific criteria for effective competition may be exempt from rate regulation.
Federal guidelines mandate minimum customer service standards for cable operators, covering areas like telephone responsiveness, installations, service interruptions, billing accuracy, and information provided to customers. Unauthorized access to cable services is a federal crime with substantial penalties.
The 1992 Cable Act introduced “must-carry” and “retransmission consent” options for local commercial television stations. Must-carry guarantees carriage on cable systems, while retransmission consent requires cable systems to obtain permission from broadcasters before carrying their signals, often involving compensation. Noncommercial educational and qualified low-power television stations also have carriage rights.
Cable systems carrying local stations under must-carry or retransmission consent must carry the entire program schedule, adhering to network nonduplication, syndicated exclusivity, and sports broadcasting rules. Copyright law mandates that cable operators obtain compulsory licenses for carrying programming.
The FCC regulates “origination cablecasting,” programming under the editorial control of the system operator, but generally not broadcast signals or access channels. Regulations include provisions for blocking objectionable content and implementing the TV Parental Guidelines rating system. The V-chip in televisions allows blocking programs based on these ratings.
Political candidates have equal opportunity rights to use cable facilities, with regulations against censorship, discrimination, and unfair charging practices. Lottery information is generally prohibited, with exceptions for state lotteries and certain non-profit or governmental organizations. Paid programming requires sponsorship identification. Children’s programs have commercial limits, and cigarette advertising is prohibited.
Cable systems often provide access channels for community programming and origination channels for specialized programming packages. Local authorities can require channels for public, educational, or governmental use (PEG channels). Leased commercial access allows unaffiliated parties to distribute programming on cable systems.
Equal Employment Opportunity (EEO) rules prohibit discrimination and require cable operators to implement EEO programs. Cable system ownership is subject to national subscriber limits and vertical ownership restrictions to prevent market dominance and favoritism toward affiliated programmers. Cross-ownership restrictions exist between cable and telephone companies, as well as cable and BRS/SMATV systems.
Technical requirements govern pole attachments, ensuring fair access to utility poles for cable systems. Technical standards ensure compatibility between cable systems and consumer equipment, while prohibited frequencies protect critical services. Use of aeronautical frequencies requires notification and monitoring to prevent interference. Microwave facilities used for signal transmission require licensing.
Home wiring rules address the disposition of cable wiring after service termination, promoting competition by allowing the use of existing wiring for other services. CableCARDs facilitate compatibility between cable systems and consumer equipment, enabling subscribers to use retail devices instead of leased set-top boxes. Record retention requirements ensure compliance and transparency. Subscriber privacy is protected by regulations limiting the collection and disclosure of personal information.
The FCC handles complaints related to interference and technical issues, while local franchising authorities address issues like basic cable rates, customer service, and billing. Special relief or waivers from rules can be requested through petitions. Show cause orders and forfeiture actions address rule violations. Rulemaking proceedings allow public participation in developing and amending regulations. Citizen participation is encouraged through comments, complaints, and participation in regulatory proceedings. Various reports and forms are used for compliance and data collection.
