,,ii #aacth ,,congress #ast ,session ,s4 #aghi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjac,ms4 ,baldwin 7for herself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to establish signal quality and content requirements for the carriage of public1 educational1 and governmental channels1 to preserve support of such channels1 and for other purposes4 #a4 ,peg signal quality and content2 preservation of support of peg use 7a7 ,in general ,section #faa of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eca7 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7h72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,signal quality and content 7#a7 ,in general ,a cable operator that operates a cable system with channel capacity designated under subsection 7b7 or that is required to provide channel capacity under subsection 7g77#f7 shall1 with respect to such channel capacity-- 7,a7 carry signals for public1 educational1 or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public1 educational1 or governmental use2 7,b7 provide such signals to1 and make such signals viewable by1 every subscriber of the cable system without additional service or equipment charges2 and 7,c7 provide to the appropriate local government subdivision1 free of charge1 any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph 7,a74 7#b7 ,enforcement ,the requirements of this subsection may be enforced by-- 7,a7 a local government subdivision2 or 7,b7 a ,state4 7g7 ,preservation of support of public1 educational1 and governmental use 7#a7 ,level of support required ,in a ,state that adopts legislation affecting cable system franchising requirements relating to support for public1 educational1 or governmental use of a cable system that becomes effective after ,may #ca1 #bjje1 notwithstanding such legislation1 a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of this subsection an amount for such year to be determined by the local government subdivision1 but not to exceed the greatest of the following3 7,a7 ,the amount of support provided in the last calendar year ending before the effective date of such ,state legislation4 7,b7 ,the average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such ,state legislation4 7,c7 ,the amount of support that the cable operator is required to provide to such local government subdivision under such ,state legislation during the year involved4 7,d7 ,an amount of support equal to #b percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved4 7#b7 ,forms of support ,for purposes of paragraph 7#a71 support for public1 educational1 or governmental use of a cable system means all cash payments1 in-kind support1 and free services that the operator of the cable system1 or its predecessor1 provides to the local government subdivision for such use of the cable system4 7#c7 ,adjustment for inflation ,for a year beginning on or after the effective date described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 on the date that the ,gross ,national ,product ,price ,index is first published by the ,bureau of ,economic ,analysis after the end of ,june of such year1 the amounts specified in such subparagraphs shall be increased by the percentage increase1 if any1 in the ,index published on such date from the ,index first published after the end of ,june of the preceding year4 7#d7 ,cash payments ,a cable operator that owes amounts under paragraph 7#a7 shall1 beginning not later than #cj days after the date of enactment of this subsection1 pay such amounts in cash-- 7,a7 in accordance with the schedule for payment of franchise fees1 communications taxes1 or other similar assessments under any applicable franchise2 or 7,b7 if there is no payment schedule for such assessments under an applicable franchise1 in accordance with the most frequent payment schedule for such assessments under applicable ,state or local law4 7#e7 ,uses2 disputes 7,a7 ,uses ,support provided to any local government subdivision under this subsection shall be dedicated to public1 educational1 or governmental use of channel capacity4 7,b7 ,disputes 7i7 ,mediation ,if there is a dispute as to amounts owed under this subsection1 undisputed amounts shall be paid to the local government subdivision1 disputed amounts shall be paid into an escrow account1 and the parties shall submit to nonbinding mediation4 7ii7 ,court proceedings ,if the dispute cannot be settled using mediation1 either party may seek relief from a court of competent jurisdiction4 7#f7 ,channels ,in a ,state that adopts legislation affecting cable system franchising requirements relating to the number of channels for public1 educational1 or governmental use of a cable system that becomes effective after ,may #ca1 #bjje1 a cable operator shall1 notwithstanding such legislation1 provide in a local government subdivision at least the greater of the following number of channels for such use3 7,a7 ,the number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such ,state legislation4 7,b7 ,if the operator provided fewer than #c channels for such use in the local government subdivision on the day before the effective date of such ,state legislation1 a number specified by the local government subdivision1 but not to exceed #c4 7#g7 ,enforcement ,the requirements of this subsection may be enforced by-- 7,a7 a local government subdivision2 or 7,b7 a ,state4 4 7b7 ,definitions 7#a7 ,cable service ,section #fjb7f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ebb7f77 is amended by striking means and inserting means1 regardless of the technology or transmission protocol used in the provision of service4 7#b7 ,local government subdivision ,section #fjb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ebb7 is amended-- 7,a7 by redesignating paragraphs 7#ac7 through 7#bj7 as paragraphs 7#ad7 through 7#ba71 respectively2 and 7,b7 by inserting after paragraph 7#ab7 the following3 7#ac7 the term local government subdivision means-- 7,a7 except as provided in subparagraph 7,b71 a franchising authority that derives its power to grant a franchise from ,state or local law2 and 7,b7 in a ,state that adopts legislation affecting cable system franchising requirements relating to support for public1 educational1 or governmental use of a cable system that becomes effective after ,may #ca1 #bjje1 an entity that was considered a franchising authority deriving its power to grant a franchise from ,state or local law as of the day before the effective date of such ,state legislation2 4 7#c7 ,franchise fee ,section #fbb7;g77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edb7;g77#b77 is amended-- 7,a7 in subparagraph 7,b71 by striking in the case of any franchise in effect on the date of enactment of this title12 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively4