State Codes and Statutes
Statutes > Texas > Utilities-code > Title-2-public-utility-regulatory-act > Chapter-62-broadcaster-safeguards
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.
State Codes and Statutes
Statutes > Texas > Utilities-code > Title-2-public-utility-regulatory-act > Chapter-62-broadcaster-safeguards
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.
State Codes and Statutes
Statutes >
Texas >
Utilities-code >
Title-2-public-utility-regulatory-act >
Chapter-62-broadcaster-safeguards 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.
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