§ 516. Modification by the Commission of cable television tariff requirements

(a) The Commission may modify, reduce, or suspend requirements under sections 225 and 226, subsection 227(a), and section 229 of this title if it finds that provisions of federal law have the effect of substantially preventing the Commission from exercising its authority under those sections to investigate or determine if cable television rates are just and reasonable. In exercising its authority under this section, the Commission may adopt such terms and conditions as it finds reasonable and shall ensure that the remaining requirements under this title will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.

(b) When exercising its authority under this section, the Commission may act by rule or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of cable television service provider and may apply differently to each class.

(c) Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. If the federal government allows states to regulate cable television rates, the Commission shall reimpose any regulatory provisions modified, reduced, or suspended pursuant to this section. (Added 2005, No. 146 (Adj. Sess.), § 1.)