§ 555a. Limitation of franchising authority liability

323 words·~1 min read·/usc/title-47/section-555a

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(a)Suits for damages prohibited In any court proceeding pending on or initiated after October 5, 1992, involving any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State, or local law, shall be limited to injunctive relief and declaratory relief.

(b)Exception for completed cases The limitation contained in subsection

(a)shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator’s rights.

(c)Discrimination claims permitted Nothing in this section shall be construed as limiting the relief authorized with respect to any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves discrimination on the basis of race, color, sex, age, religion, national origin, or handicap.

(d)Rule of construction Nothing in this section shall be construed as creating or authorizing liability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity.

(June 19, 1934, ch. 652, title VI, § 635A, as added Pub. L. 102–385, § 24(a), Oct. 5, 1992, 106 Stat. 1500.)

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Cited by 2 sections

statutes-at-large

Public Law 102–385
To amend the Communications Act of 1934 to provide increased consumer protection and to promote increased competition in the cable television and related markets, and for other purposes

statute-compilations

Sec. 635A
LIMITATION OF FRANCHISING AUTHORITY LIABILITY

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U.S. Code

False, fraudulent, or unauthorized transmissions
§ 325

4 references not yet in our index

June 19, 1934, ch. 652
Pub. L. 102–385, § 24(a)
106 Stat. 1500
section 28 of Pub. L. 102–385

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cites case law

§ 555a

Limitation of franchising authority liability

Stat. Comp.×1

Stat.×1

U.S.C.§ 325

ActJune 19, 1934, ch. 652

Pub. L.Pub. L. 102–385, § 24(a)

Stat.106 Stat. 1500

Pub. L.section 28 of Pub. L. 102–385

Cites 5Cited by 2 across 2 sources