PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 125 ing, restricting, or conditioning the provision of a telecommunications service by a cable operator or an affiliate thereof. "(C) A franchising authority may not order a cable operator or affiliate thereof— "(i) to discontinue the provision of a telecommunications service, or "(ii) to discontinue the operation of a cable system, to the extent such cable system is used for the provision of a telecommunications service, by reason of the failure of such cable operator or affiliate thereof to obtain a franchise or franchise renewal under this title with respect to the provision of such telecommunications service. "(D) Except as otherwise permitted by sections 611 and 612, a franchising authority may not require a cable operator to provide any telecommunications service or facilities, other than institutional networks, as a condition of the initial grant of a franchise, a franchise renewal, or a transfer of a franchise.". (b) FRANCHISE FEES. —Section 622(b) (47 U.S.C. 542(b)) is amended by inserting "to provide cable services" immediately before the period at the end of the first sentence thereof. SEC. 304. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES. Part III of title VI is amended by inserting after section 628 (47 U.S.C. 548) the following new section: "SEC. 629. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES. Regulations "(a) COMMERCIAL CONSUMER AVAILABILITY OF EQUIPMENT USED To ACCESS SERVICES PROVIDED BY MULTICHANNEL VIDEO PROGRAM- MING DISTRIBUTORS.— The Commission shall, in consultation with appropriate industry standard-setting organizations, adopt regulations to assure the commercial availability, to consumers of multichannel video programming and other services offered over multichannel video programming systems, of converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, from manufacturers, retailers, and other vendors not affiliated with any multichannel video programming distributor. Such regulations shall not prohibit any multichannel video programming distributor from also offering converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, to consumers, if the system operator's charges to consumers for such devices and equipment are separately stated and not subsidized by charges for any such service. "(b) PROTECTION OF SYSTEM SECURITY.— The Commission shall not prescribe regulations under subsection (a) which would jeopardize security of multichannel video programming and other services offered over multichannel video programming systems, or impede the legal rights of a provider of such services to prevent theft of service. "(c) WAIVER.— The Commission shall waive a regulation adopted under subsection (a) for a limited time upon an appropriate showing by a provider of multichannel video programming and other services offered over multichannel video programming systems, or an equipment provider, that such waiver is necessary to assist the development or introduction of a new or improved multichannel video programming or other service offered over multichannel video
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