S.3457 - Consumers Having Options in Cable Entertainment Act109th Congress (2005-2006)
Summary: S.3457 — 109th Congress (2005-2006)
Introduced in Senate (06/07/2006)
Consumers Having Options in Cable Entertainment Act - CHOICE Act - Defines, for this Act, "eligible video service provider" as a video service provider: (1) with an attributable interest in a cable channel that, among other requirements, offers that cable channel on an a-la-carte basis and declares its intention to offer its digital subscribers on an a-la-carte basis any cable channels it carries that are offered to it on an a-la-carte basis; or (2) without an attributable interest in a cable channel that files a declaration of its intention to offer its digital subscribers on an a-la-carte basis any cable channels it carries that are offered to it on an a-la-carte basis.
Prohibits requiring such providers to obtain a state or local video franchise, build out its video distribution system in any particular manner, or provide distribution facility and equipment access to any other video service provider.
Allows local governments to require such providers to pay a reasonable fee for public rights-of-way management. Prohibits local governments from soliciting in-kind contributions or institutional network services from the provider unless the contributions or services are credited to that fee.
Exempts video service provided by such providers from the Communications Act of 1934, except for specified provisions. Preempts any franchising provision and any provision of state or local laws inconsistent with this Act.
Amends the Communications Act of 1934: (1) in pole attachment provisions, to modify definitions and to exempt wireless service facilities; and (2) to modify requirements regarding provision of local commercial and noncommercial television signals by cable operators.
Prohibits, notwithstanding any other provision of law, a local commercial television station under common control with a cable channel from having the benefit of the Commission's network program non-duplication rules unless the cable channel is made available to multichannel video programming distributors on an a-la-carte basis.