---
kind: "section"
citation: "47 U.S.C. § 544"
title: "47"
title_heading: "Telecommunications"
number: "544"
heading: "Regulation of services, facilities, and equipment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/544"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter V–A — Cable Communications"
  - "Part III — Franchising and Regulation"
---

# §544. Regulation of services, facilities, and equipment

- (a) **Regulation by franchising authority—** Any [franchising authority](/usc/47/522.md?p=10) may not regulate the services, facilities, and equipment provided by a [cable operator](/usc/47/522.md?p=5) except to the extent consistent with this subchapter.
- (b) **Requests for proposals; establishment and enforcement of requirements—** In the case of any [franchise](/usc/47/522.md?p=9) granted after the effective date of this subchapter, the [franchising authority](/usc/47/522.md?p=10), to the extent related to the establishment or operation of a [cable system](/usc/47/522.md?p=7)—
  - (1) in its request for proposals for a [franchise](/usc/47/522.md?p=9) (including requests for renewal proposals, subject to [section 546 of this title](/usc/47/546.md)), may establish requirements for facilities and equipment, but may not, except as provided in [subsection (h)](#h), establish requirements for [video programming](/usc/47/522.md?p=20) or other [information services](/usc/47/153.md?p=24); and
  - (2) subject to [section 545 of this title](/usc/47/545.md), may enforce any requirements contained within the [franchise](/usc/47/522.md?p=9)—
    - (A) for facilities and equipment; and
    - (B) for broad categories of [video programming](/usc/47/522.md?p=20) or other services.
- (c) **Enforcement authority respecting franchises effective under prior law—** In the case of any [franchise](/usc/47/522.md?p=9) in effect on the effective date of this subchapter, the [franchising authority](/usc/47/522.md?p=10) may, subject to [section 545 of this title](/usc/47/545.md), enforce requirements contained within the [franchise](/usc/47/522.md?p=9) for the provision of services, facilities, and equipment, whether or not related to the establishment or operation of a [cable system](/usc/47/522.md?p=7).
- (d) **Cable service unprotected by Constitution; blockage of premium channel upon request—**
  - (1) Nothing in this subchapter shall be construed as prohibiting a [franchising authority](/usc/47/522.md?p=10) and a [cable operator](/usc/47/522.md?p=5) from specifying, in a [franchise](/usc/47/522.md?p=9) or renewal thereof, that certain [cable services](/usc/47/522.md?p=6) shall not be provided or shall be provided subject to conditions, if such [cable services](/usc/47/522.md?p=6) are obscene or are otherwise unprotected by the Constitution of the [United States](/usc/47/153.md?p=58).
  - (2) In order to restrict the viewing of of of[^1] programming which is obscene or indecent, upon the request of a subscriber, a [cable operator](/usc/47/522.md?p=5) shall provide (by sale or lease) a device by which the subscriber can prohibit viewing of a particular [cable service](/usc/47/522.md?p=6) during periods selected by that subscriber.
  - (3)
    - (A) If a [cable operator](/usc/47/522.md?p=5) provides a premium [channel](/usc/47/522.md?p=4) without charge to cable subscribers who do not subscribe to such premium [channel](/usc/47/522.md?p=4), the [cable operator](/usc/47/522.md?p=5) shall, not later than 30 days before such premium [channel](/usc/47/522.md?p=4) is provided without charge—
      - (i) notify all cable subscribers that the [cable operator](/usc/47/522.md?p=5) plans to provide a premium [channel](/usc/47/522.md?p=4) without charge;
      - (ii) notify all cable subscribers when the [cable operator](/usc/47/522.md?p=5) plans to offer a premium [channel](/usc/47/522.md?p=4) without charge;
      - (iii) notify all cable subscribers that they have a right to request that the [channel](/usc/47/522.md?p=4) carrying the premium [channel](/usc/47/522.md?p=4) be blocked; and
      - (iv) block the [channel](/usc/47/522.md?p=4) carrying the premium [channel](/usc/47/522.md?p=4) upon the request of a subscriber.
    - (B) For the purpose of this section, the term “premium [channel](/usc/47/522.md?p=4)” shall mean any pay service offered on a per [channel](/usc/47/522.md?p=4) or per program basis, which offers movies rated by the Motion Picture Association of America as X, NC–17, or R.
- (e) **Technical standards—** Within one year after October 5, 1992, the Commission shall prescribe regulations which establish minimum technical standards relating to [cable systems](/usc/47/522.md?p=7)’ technical operation and signal quality. The Commission shall update such standards periodically to reflect improvements in technology. No [State](/usc/47/522.md?p=18) or [franchising authority](/usc/47/522.md?p=10) may prohibit, condition, or restrict a [cable system](/usc/47/522.md?p=7)’s use of any type of subscriber equipment or any transmission technology.
- (f) **Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions—**
  - (1) Any [Federal agency](/usc/47/522.md?p=8), [State](/usc/47/522.md?p=18), or [franchising authority](/usc/47/522.md?p=10) may not impose requirements regarding the provision or content of [cable services](/usc/47/522.md?p=6), except as expressly provided in this subchapter.
  - (2) [Paragraph (1)](#f-1) shall not apply to—
    - (A) any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on September 21, 1983, or (ii) may be amended after such date if the rule, regulation, or order as amended is not inconsistent with the express provisions of this subchapter; and
    - (B) any rule, regulation, or order under title 17.
- (g) **Access to emergency information—** Notwithstanding any such rule, regulation, or order, each [cable operator](/usc/47/522.md?p=5) shall comply with such standards as the Commission shall prescribe to ensure that viewers of [video programming](/usc/47/522.md?p=20) on [cable systems](/usc/47/522.md?p=7) are afforded the same emergency information as is afforded by the emergency [broadcasting](/usc/47/153.md?p=7) system pursuant to Commission regulations in subpart G of part 73, [title 47](/usc/47.md), Code of Federal Regulations.
- (h) **Notice of changes in and comments on services—** A [franchising authority](/usc/47/522.md?p=10) may require a [cable operator](/usc/47/522.md?p=5) to do any one or more of the following:
  - (1) Provide 30 days’ advance written notice of any change in [channel](/usc/47/522.md?p=4) assignment or in the [video programming](/usc/47/522.md?p=20) service provided over any such [channel](/usc/47/522.md?p=4).
  - (2) Inform subscribers, via written notice, that comments on programming and [channel](/usc/47/522.md?p=4) position changes are being recorded by a designated office of the [franchising authority](/usc/47/522.md?p=10).
- (i) **Disposition of cable upon termination of service—** Within 120 days after October 5, 1992, the Commission shall prescribe rules concerning the disposition, after a subscriber to a [cable system](/usc/47/522.md?p=7) terminates service, of any cable installed by the [cable operator](/usc/47/522.md?p=5) within the premises of such subscriber.

## Footnotes

[^1]: So in original.

## Source credit

(June 19, 1934, ch. 652, title VI, § 624, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2789; amended Pub. L. 102–385, §§ 15, 16, Oct. 5, 1992, 106 Stat. 1490; Pub. L. 103–414, title III, §§ 303(a)(23), 304(a)(12), Oct. 25, 1994, 108 Stat. 4295, 4297; Pub. L. 104–104, title III, § 301(e), Feb. 8, 1996, 110 Stat. 116.)

## Notes

### Editorial Notes

### References in Text

For “the effective date of this subchapter”, referred to in subsecs. (b) and (c), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as an Effective Date note under section 521 of this title.

### Amendments

1996—Subsec. (e). Pub. L. 104–104 substituted “No State or franchising authority may prohibit, condition, or restrict a cable system’s use of any type of subscriber equipment or any transmission technology.” for “A franchising authority may require as part of a franchise (including a modification, renewal, or transfer thereof) provisions for the enforcement of the standards prescribed under this subsection. A franchising authority may apply to the Commission for a waiver to impose standards that are more stringent than the standards prescribed by the Commission under this subsection.”

1994—Subsec. (d)(2). Pub. L. 103–414, § 304(a)(12), struck out designation “(A)”, inserted “of” after “restrict the viewing”, and struck out subpar. (B) which read as follows: “Subparagraph (A) shall take effect 180 days after the effective date of this subchapter.”

Pub. L. 103–414, § 303(a)(23), inserted “of” after “restrict the viewing” in subpar. (A).

1992—Subsec. (b)(1). Pub. L. 102–385, § 16(c)(1), inserted “, except as provided in subsection (h),” after “but may not”.

Subsec. (d)(3). Pub. L. 102–385, § 15, added par. (3).

Subsec. (e). Pub. L. 102–385, § 16(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Commission may establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise.”

Subsec. (g). Pub. L. 102–385, § 16(b), added subsec. (g).

Subsec. (h). Pub. L. 102–385, § 16(c)(2), added subsec. (h).

Subsec. (i). Pub. L. 102–385, § 16(d), added subsec. (i).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

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

### Effective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

### Restoration, Retierment and Repricing of Service Previously Eliminated, Retiered, or Repriced

Section not to be construed to allow a franchising authority, or a State or political subdivision thereof, to require a cable operator to restore, retier or reprice cable service previously eliminated, retiered, or repriced as of Sept. 26, 1984, see section 9(b) of Pub. L. 98–549, set out as a note under section 543 of this title.