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COMMITTEE AMENDMENT ADOPTED
April 5, 2007
S. 598
Introduced by Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy and Bryant
S. Printed 4/5/07--S.
Read the first time March 20, 2007.
TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT "THE TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "Television Programming Protection Act".
SECTION 2. Chapter 12 of Title 58 of the 1976 Code is amended by adding:
Section 58-12-500. (A) Except as provided in subsection (C), a cable or video service provider that uses digital transmission technology to deliver cable or video programming must completely block all video and audio on any channel that a subscriber has not purchased at no charge to the subscriber.
(B) A cable or video service provider that uses analog transmission technology to deliver cable or video programming must provide notice to its subscribers that informs the subscriber that, upon request by the subscriber, the cable or video service provider will block all video and audio on any channel that the subscriber has not purchased at no charge to the subscriber. The notice must be given to current subscribers by a bill insert, by separate mailing, or by electronic notice. Within five days of receiving a subscriber's request, the cable or video service provider must block all video and audio on any channel that the subscriber has not purchased. The time frames stated herein shall not apply if the cable or video service provider is unable to comply with them due to circumstances beyond the cable or video service provider's control.
(C) A cable or video service provider that intends to deliver channels to its subscribers on a promotional basis shall provide its subscribers advanced notice of its intent to do so and shall inform them that, upon a subscriber's request, all video and audio on such channels can be completely blocked. Unless a subscriber makes such a request in the manner prescribed by the provider, a cable or video service provider may, on a promotional basis, deliver to a subscriber one or more channels the subscriber has not purchased.
Section 58-12-510. When a subscriber notifies the cable or video service provider that he wishes to block video and audio and one or more blocked channels are transmitted due to equipment failure of the cable or video service provider, the cable or video service provider that uses digital transmission technology to deliver cable or video programming must immediately block the channels. When a subscriber notifies the cable or video service provider that he wishes to block video and audio and one or more blocked channels are transmitted due to equipment failure of the cable or video service provider, the cable or video service provider that uses analog transmission technology to deliver cable or video programming the video or cable service provider must block the channel within forty-eight hours after the subscriber notifies the cable or video service provider of the failed blocking. The time frames stated herein shall not apply if the cable or video service provider is unable to comply with them due to circumstances beyond the cable or video service provider's control."
SECTION 3. This act takes effect upon approval by the Governor.
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