An amendment numbered 3 printed in House Report 109-491 to allow a franchising authority to issue an order requiring compliance with FCC revised consumer protection rules.

1. Rewrites page 21, line 17 through page 23, line 22

   ReplacesPrinted page

   Removes page 21, line 17 through page 23, line 22 of the printed bill. See that page

   Inserted: (B) The Commission's revised consumer protection rules shall provide for forfeiture penalties, or customer rebates, refunds or credits, or both, and shall establish forfeiture, rebate, refund, and credit guidelines with respect to violations of such rules. Such guidelines shall--

   Inserted: (i) provide for increased forfeiture penalties for repeated violations of the standards in such rules; and

   Inserted: (ii) establish procedures by which any forfeiture penalty assessed by the Commission under this subsection shall be paid by the cable operator directly to the franchising authority affected by the violation.

   Inserted: (4) Complaints.--

   Inserted: (A) In general.--Any person may file a complaint with respect to an alleged violation of the Commission's revised consumer protection rules in a franchise area by a cable operator franchised under this section--

   Inserted: (i) with the franchising authority in such area; or

   Inserted: (ii) with the Commission.

   Inserted: (B) Local franchising authority procedure.--On its own motion or at the request of any person, a franchising authority for a franchise area may--

   Inserted: (i) initiate its own complaint proceeding with respect to such an alleged violation; or

   Inserted: (ii) file a complaint with the Commission regarding such an alleged violation.

   Inserted: (C) Timing.--The Commission or the franchising authority conducting a proceeding under this paragraph shall render a decision on any complaint filed under this paragraph within 90 days of its filing.

   Inserted: (5) Local franchising orders.--

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   Inserted: (A) Requiring compliance.--In a proceeding commenced by a franchising authority, a franchising authority may issue an order requiring compliance with the Commission's revised consumer protection rules, but a franchising authority may not create any new standard or regulation, or expand upon or modify the Commission's revised consumer protection rules.

   Inserted: (B) Access to records.--In such a proceeding, the franchising authority may issue an order requiring the filing of any data, documents, or records (including any contract, agreement, or arrangement between the subscriber and the cable operator) that are directly related to the alleged violation.

   Inserted: (C) Cost of franchising authority orders.--A franchising authority may charge a cable operator franchised under this section a nominal fee to cover the costs of issuing orders under this paragraph.

   Inserted: (6) Commission remedies; appeals.--

   Inserted: (A) Remedies.--An order of a franchising authority under this subsection shall be enforced by the Commission under this Act if--

   Inserted: (i) the order is not appealed to the Commission;

   Inserted: (ii) the Commission does not agree to grant review during the 30-day period described in subparagraph (B); or

   Inserted: (iii) the order is sustained on appeal by the Commission.

   Inserted: (B) Appeals.--Any party may file a notice of appeal of an order of a franchising authority under this subsection with the Commission, and shall transmit a copy of such notice to the other parties to the franchising authority proceeding. Such appeal shall be deemed denied at the end of the 30-day period beginning on the date of the filing unless the Commission agrees within such period to grant review of the appeal.

   Inserted: (C) Timing.--After the filing of a notice of appeal under subparagraph (B), if such notice is not denied by operation of such subparagraph, the Commission shall render a decision within 90 days of such filing.

   Inserted: (7) Annual report.--

   Inserted: (A) In general.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Commission shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this subsection, including the following:

   Inserted: (i) The number of complaints filed with franchising authorities under clause (4)(A)(i).

   Inserted: (ii) Any trends concerning complaints, such as increases in the number of particular types of complaints or in new types of complaints.

   Inserted: (iii) The timeliness of the response of such franchising authorities and the results of the complaints filed with such franchising authorities, if not appealed to the Commission.

   Inserted: (iv) The number of complaints filed with the Commission under clause (4)(A)(ii).

   Inserted: (v) The number of appeals filed with the Commission under paragraph (6)(B) and the number of such appeals which the Commission agreed to hear.

   Inserted: (vi) The timeliness of the Commission's responses to such complaints and appeals.

   Inserted: (vii) The results of such complaints and appeals filed with the Commission.

   Inserted: (B) Submission of information by franchising authorities.--The Commission may request franchising authorities to submit information about the complaints filed with the franchising authorities under subparagraph (4)(A)(i), including the number of such complaints and the timeliness of the response and the results of such complaints.

   Inserted: (8) Definition.--For purposes of this subsection, the term 'Commission's revised consumer protection rules' means the national consumer protection and customer service rules under section 632(b) as revised by the Commission pursuant to paragraph (2) of this subsection.

   Original wording

   Page 21, strike line 17 and all that follows through page 23, line 22, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed