---
kind: "section"
citation: "47 U.S.C. § 535"
title: "47"
title_heading: "Telecommunications"
number: "535"
heading: "Carriage of noncommercial educational television"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/535"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter V–A — Cable Communications"
  - "Part II — Use of Cable Channels and Cable Ownership Restrictions"
---

# §535. Carriage of noncommercial educational television

- (a) **Carriage obligations—** In addition to the carriage requirements set forth in [section 534 of this title](/usc/47/534.md), each [cable operator](/usc/47/522.md?p=5) of a [cable system](/usc/47/522.md?p=7) shall carry the signals of qualified noncommercial educational television [stations](/usc/47/153.md?p=42) in accordance with the provisions of this section.
- (b) **Requirements to carry qualified stations—**
  - (1) **General requirement to carry each qualified station—** Subject to paragraphs [(2)](#b-2) and [(3)](#b-3) and [subsection (e)](#e), each [cable operator](/usc/47/522.md?p=5) shall carry, on the [cable system](/usc/47/522.md?p=7) of that [cable operator](/usc/47/522.md?p=5), any qualified local noncommercial educational television [station](/usc/47/153.md?p=42) requesting carriage.
  - (2) **Systems with 12 or fewer channels—**
    - (A) Notwithstanding [paragraph (1)](#b-1), a [cable operator](/usc/47/522.md?p=5) of a [cable system](/usc/47/522.md?p=7) with 12 or fewer [usable activated channels](/usc/47/522.md?p=19) shall be required to carry the signal of one qualified local noncommercial educational television [station](/usc/47/153.md?p=42); except that a [cable operator](/usc/47/522.md?p=5) of such a system shall comply with [subsection (c)](#c) and may, in its discretion, carry the signals of other qualified noncommercial educational television [stations](/usc/47/153.md?p=42).
    - (B) In the case of a [cable system](/usc/47/522.md?p=7) described in [subparagraph (A)](#b-2-A) which operates beyond the presence of any qualified local noncommercial educational television [station](/usc/47/153.md?p=42)—
      - (i) the [cable operator](/usc/47/522.md?p=5) shall import and carry on that system the signal of one qualified noncommercial educational television [station](/usc/47/153.md?p=42);
      - (ii) the selection for carriage of such a signal shall be at the election of the [cable operator](/usc/47/522.md?p=5); and
      - (iii) in order to satisfy the requirements for carriage specified in this subsection, the [cable operator](/usc/47/522.md?p=5) of the system shall not be required to remove any [other programming service](/usc/47/522.md?p=14) actually provided to subscribers on March 29, 1990; except that such [cable operator](/usc/47/522.md?p=5) shall use the first [channel](/usc/47/522.md?p=4) available to satisfy the requirements of this subparagraph.
  - (3) **Systems with 13 to 36 channels—**
    - (A) Subject to [subsection (c)](#c), a [cable operator](/usc/47/522.md?p=5) of a [cable system](/usc/47/522.md?p=7) with 13 to 36 [usable activated channels](/usc/47/522.md?p=19)—
      - (i) shall carry the signal of at least one qualified local noncommercial educational television [station](/usc/47/153.md?p=42) but shall not be required to carry the signals of more than three such [stations](/usc/47/153.md?p=42), and
      - (ii) may, in its discretion, carry additional such [stations](/usc/47/153.md?p=42).
    - (B) In the case of a [cable system](/usc/47/522.md?p=7) described in this paragraph which operates beyond the presence of any qualified local noncommercial educational television [station](/usc/47/153.md?p=42), the [cable operator](/usc/47/522.md?p=5) shall import and carry on that system the signal of at least one qualified noncommercial educational television [station](/usc/47/153.md?p=42) to comply with [subparagraph (A)(i)](#b-3-A-i).
    - (C) The [cable operator](/usc/47/522.md?p=5) of a [cable system](/usc/47/522.md?p=7) described in this paragraph which carries the signal of a qualified local noncommercial educational [station](/usc/47/153.md?p=42) affiliated with a [State](/usc/47/522.md?p=18) public television network shall not be required to carry the signal of any additional qualified local noncommercial educational television [stations](/usc/47/153.md?p=42) affiliated with the same network if the programming of such additional [stations](/usc/47/153.md?p=42) is substantially duplicated by the programming of the qualified local noncommercial educational television [station](/usc/47/153.md?p=42) receiving carriage.
    - (D) A [cable operator](/usc/47/522.md?p=5) of a system described in this paragraph which increases the usable activated [channel](/usc/47/522.md?p=4) capacity of the system to more than 36 [channels](/usc/47/522.md?p=4) on or after March 29, 1990, shall, in accordance with the other provisions of this section, carry the signal of each qualified local noncommercial educational television [station](/usc/47/153.md?p=42) requesting carriage, subject to [subsection (e)](#e).
- (c) **Continued carriage of existing stations—** Notwithstanding any other provision of this section, all [cable operators](/usc/47/522.md?p=5) shall continue to provide carriage to all qualified local noncommercial educational television [stations](/usc/47/153.md?p=42) whose signals were carried on their systems as of March 29, 1990. The requirements of this subsection may be waived with respect to a particular [cable operator](/usc/47/522.md?p=5) and a particular such [station](/usc/47/153.md?p=42), upon the written consent of the [cable operator](/usc/47/522.md?p=5) and the [station](/usc/47/153.md?p=42).
- (d) **Placement of additional signals—** A [cable operator](/usc/47/522.md?p=5) required to add the signals of qualified local noncommercial educational television [stations](/usc/47/153.md?p=42) to a [cable system](/usc/47/522.md?p=7) under this section may do so, subject to approval by the [franchising authority](/usc/47/522.md?p=10) pursuant to [section 531 of this title](/usc/47/531.md), by placing such additional [stations](/usc/47/153.md?p=42) on public, educational, or governmental [channels](/usc/47/522.md?p=4) not in use for their designated purposes.
- (e) **Systems with more than 36 channels—** A [cable operator](/usc/47/522.md?p=5) of a [cable system](/usc/47/522.md?p=7) with a capacity of more than 36 [usable activated channels](/usc/47/522.md?p=19) which is required to carry the signals of three qualified local noncommercial educational television [stations](/usc/47/153.md?p=42) shall not be required to carry the signals of additional such [stations](/usc/47/153.md?p=42) the programming of which substantially duplicates the programming broadcast by another qualified local noncommercial educational television [station](/usc/47/153.md?p=42) requesting carriage. Substantial duplication shall be defined by the Commission in a manner that promotes access to distinctive noncommercial educational television services.
- (f) **Waiver of nonduplication rights—** A qualified local noncommercial educational television [station](/usc/47/153.md?p=42) whose signal is carried by a [cable operator](/usc/47/522.md?p=5) shall not assert any network nonduplication rights it may have pursuant to section 76.92 of title 47, Code of Federal Regulations, to require the deletion of programs aired on other qualified local noncommercial educational television [stations](/usc/47/153.md?p=42) whose signals are carried by that [cable operator](/usc/47/522.md?p=5).
- (g) **Conditions of carriage—**
  - (1) **Content to be carried—** A [cable operator](/usc/47/522.md?p=5) shall retransmit in its entirety the primary video, accompanying audio, and line 21 closed caption transmission of each qualified local noncommercial educational television [station](/usc/47/153.md?p=42) whose signal is carried on the [cable system](/usc/47/522.md?p=7), and, to the extent technically feasible, program-related material carried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped [persons](/usc/47/522.md?p=15) or for educational or language purposes. Retransmission of other material in the vertical blanking interval or on subcarriers shall be within the discretion of the [cable operator](/usc/47/522.md?p=5).
  - (2) **Bandwidth and technical quality—** A [cable operator](/usc/47/522.md?p=5) shall provide each qualified local noncommercial educational television [station](/usc/47/153.md?p=42) whose signal is carried in accordance with this section with bandwidth and technical capacity equivalent to that provided to commercial television [broadcast stations](/usc/47/153.md?p=6) carried on the [cable system](/usc/47/522.md?p=7) and shall carry the signal of each qualified local noncommercial educational television [station](/usc/47/153.md?p=42) without material degradation.
  - (3) **Changes in carriage—** The signal of a qualified local noncommercial educational television [station](/usc/47/153.md?p=42) shall not be repositioned by a [cable operator](/usc/47/522.md?p=5) unless the [cable operator](/usc/47/522.md?p=5), at least 30 days in advance of such repositioning, has provided written notice to the [station](/usc/47/153.md?p=42) and all subscribers of the [cable system](/usc/47/522.md?p=7). For purposes of this paragraph, repositioning includes (A) assignment of a qualified local noncommercial educational television [station](/usc/47/153.md?p=42) to a [cable system](/usc/47/522.md?p=7) [channel](/usc/47/522.md?p=4) number different from the [cable system](/usc/47/522.md?p=7) [channel](/usc/47/522.md?p=4) number to which the [station](/usc/47/153.md?p=42) was assigned as of March 29, 1990, and (B) deletion of the [station](/usc/47/153.md?p=42) from the [cable system](/usc/47/522.md?p=7). The notification provisions of this paragraph shall not be used to undermine or evade the [channel](/usc/47/522.md?p=4) positioning or carriage requirements imposed upon [cable operators](/usc/47/522.md?p=5) under this section.
  - (4) **Good quality signal required—** Notwithstanding the other provisions of this section, a [cable operator](/usc/47/522.md?p=5) shall not be required to carry the signal of any qualified local noncommercial educational television [station](/usc/47/153.md?p=42) which does not deliver to the [cable system](/usc/47/522.md?p=7)’s principal headend a signal of good quality or a baseband video signal, as may be defined by the Commission.
  - (5) **Channel positioning—** Each signal carried in fulfillment of the carriage obligations of a [cable operator](/usc/47/522.md?p=5) under this section shall be carried on the [cable system](/usc/47/522.md?p=7) [channel](/usc/47/522.md?p=4) number on which the qualified local noncommercial educational television [station](/usc/47/153.md?p=42) is broadcast over the air, or on the [channel](/usc/47/522.md?p=4) on which it was carried on July 19, 1985, at the election of the [station](/usc/47/153.md?p=42), or on such other [channel](/usc/47/522.md?p=4) number as is mutually agreed upon by the [station](/usc/47/153.md?p=42) and the [cable operator](/usc/47/522.md?p=5). Any dispute regarding the positioning of a qualified local noncommercial educational television [station](/usc/47/153.md?p=42) shall be resolved by the Commission.
- (h) **Availability of signals—** Signals carried in fulfillment of the carriage obligations of a [cable operator](/usc/47/522.md?p=5) under this section shall be available to every subscriber as part of the [cable system](/usc/47/522.md?p=7)’s lowest priced [service tier](/usc/47/522.md?p=17) that includes the retransmission of local commercial television broadcast signals.
- (i) **Payment for carriage prohibited—**
  - (1) **In general—** A [cable operator](/usc/47/522.md?p=5) shall not accept monetary payment or other valuable consideration in exchange for carriage of the signal of any qualified local noncommercial educational television [station](/usc/47/153.md?p=42) carried in fulfillment of the requirements of this section, except that such a [station](/usc/47/153.md?p=42) may be required to bear the cost associated with delivering a good quality signal or a baseband video signal to the principal headend of the [cable system](/usc/47/522.md?p=7).
  - (2) **Distant signal exception—** Notwithstanding the provisions of this section, a [cable operator](/usc/47/522.md?p=5) shall not be required to add the signal of a qualified local noncommercial educational television [station](/usc/47/153.md?p=42) not already carried under the provision of [subsection (c)](#c), where such signal would be considered a distant signal for copyright purposes unless such [station](/usc/47/153.md?p=42) indemnifies the [cable operator](/usc/47/522.md?p=5) for any increased copyright costs resulting from carriage of such signal.
- (j) **Remedies—**
  - (1) **Complaint—** Whenever a qualified local noncommercial educational television [station](/usc/47/153.md?p=42) believes that a [cable operator](/usc/47/522.md?p=5) of a [cable system](/usc/47/522.md?p=7) has failed to comply with the signal carriage requirements of this section, the [station](/usc/47/153.md?p=42) may file a complaint with the Commission. Such complaint shall allege the manner in which such [cable operator](/usc/47/522.md?p=5) has failed to comply with such requirements and [state](/usc/47/522.md?p=18) the basis for such allegations.
  - (2) **Opportunity to respond—** The Commission shall afford such [cable operator](/usc/47/522.md?p=5) an opportunity to present data, views, and arguments to establish that the [cable operator](/usc/47/522.md?p=5) has complied with the signal carriage requirements of this section.
  - (3) **Remedial actions; dismissal—** Within 120 days after the date a complaint is filed under this subsection, the Commission shall determine whether the [cable operator](/usc/47/522.md?p=5) has complied with the requirements of this section. If the Commission determines that the [cable operator](/usc/47/522.md?p=5) has failed to comply with such requirements, the Commission shall [state](/usc/47/522.md?p=18) with particularity the basis for such findings and order the [cable operator](/usc/47/522.md?p=5) to take such remedial action as is necessary to meet such requirements. If the Commission determines that the [cable operator](/usc/47/522.md?p=5) has fully complied with such requirements, the Commission shall dismiss the complaint.
- (k) **Identification of signals—** A [cable operator](/usc/47/522.md?p=5) shall identify, upon request by any [person](/usc/47/522.md?p=15), those signals carried in fulfillment of the requirements of this section.
- (l) **Definitions—** For purposes of this section—
  - (1) **Qualified noncommercial educational television station—** The term “qualified noncommercial educational television [station](/usc/47/153.md?p=42)” means any television [broadcast station](/usc/47/153.md?p=6) which—
    - (A)
      - (i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television [broadcast station](/usc/47/153.md?p=6) and which is owned and operated by a public agency, [nonprofit](/usc/47/397.md?p=8) foundation, [corporation](/usc/47/153.md?p=15), or association; and
      - (ii) has as its [licensee](/usc/47/153.md?p=30) an entity which is eligible to receive a community service grant, or any successor grant thereto, from the [Corporation](/usc/47/153.md?p=15) for Public [Broadcasting](/usc/47/153.md?p=7), or any successor organization thereto, on the basis of the formula set forth in [section 396(k)(6)(B) of this title](/usc/47/396.md?p=k-6-B); or
    - (B) is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes.

    Such term includes (I) the translator of any noncommercial educational television [station](/usc/47/153.md?p=42) with five watts or higher power serving the [franchise](/usc/47/522.md?p=9) area, (II) a full-service [station](/usc/47/153.md?p=42) or translator if such [station](/usc/47/153.md?p=42) or translator is licensed to a [channel](/usc/47/522.md?p=4) reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto, and (III) such [stations](/usc/47/153.md?p=42) and translators operating on [channels](/usc/47/522.md?p=4) not so reserved as the Commission determines are qualified as noncommercial educational [stations](/usc/47/153.md?p=42).

  - (2) **Qualified local noncommercial educational television station—** The term “qualified local noncommercial educational television [station](/usc/47/153.md?p=42)” means a qualified noncommercial educational television [station](/usc/47/153.md?p=42)—
    - (A) which is licensed to a principal community whose reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (as in effect on March 29, 1990), or any successor regulations thereto, is within 50 miles of the principal headend of the [cable system](/usc/47/522.md?p=7); or
    - (B) whose Grade B service contour, as defined in section 73.683(a) of such title (as in effect on March 29, 1990), or any successor regulations thereto, encompasses the principal headend of the [cable system](/usc/47/522.md?p=7).

## Source credit

(June 19, 1934, ch. 652, title VI, § 615, as added Pub. L. 102–385, § 5, Oct. 5, 1992, 106 Stat. 1477.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as an Effective Date of 1992 Amendment note under section 325 of this title.