AN ACT

 

1Providing for the prohibition of the collection and recording of
2consumer's visual and auditory information by cable operators
3and direct broadcast satellite service providers.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Cable and
8Satellite Television Consumer Protection Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Cable service." The term includes:

14(1) The transmission of television programming or
15services directly to a receiving device located at a
16consumer's premises, including, but not limited to, the
17provision of premium channels, the provision of music or
18other audio services or channels and any other service

1received in connection with the provision of cable television
2programming.

3(2) Consumer interaction, if any, which is required for
4the selection of such television programming or other
5programming service.

6"Commission." The Pennsylvania Public Utility Commission.

7"Consumer." A member of the general public who receives
8either:

9(1) cable service from a cable service operator; or

10(2) direct broadcast satellite service from a direct
11broadcast satellite service provider;

12and does not further distribute such service in the ordinary
13course of business.

14"Direct broadcast satellite service." The term includes:

15(1) The distribution or broadcasting by satellite of
16television programming or services directly to a receiving
17device located at a consumer's premises, including, but not
18limited to, the provision of premium channels, the provision
19of music or other audio services or channels and any other
20service received in connection with the provision of direct
21broadcast satellite television programming.

22(2) Consumer interaction, if any, which is required for
23the selection of such television programming or other
24programming service.

25"Operator." Any company or business:

26(1) that provides cable television services directly or,
27through one or more affiliates, owns a significant interest
28in the cable service; or

29(2) who otherwise controls or is responsible for,
30through any arrangement, the management and operation of such

1a cable service.

2"Provider." Any company or business:

3(1) that transmits, broadcasts or otherwise provides
4direct broadcast satellite service or, through one or more
5affiliates, owns a significant interest in the direct
6broadcast satellite service; or

7(2) who otherwise controls or is responsible for,
8through any arrangement, the management and operation of such
9a service.

10Section 3. Unlawful collection or recording.

11(a) Offense.--An operator or provider of a cable or direct
12broadcast satellite service is prohibited from accessing,
13collecting or recording visual or auditory information from the
14vicinity of a device used to display television programming to
15the consumer.

16(b) Regulations.--The commission may promulgate rules and
17regulations to administer and enforce this act.

18Section 4. Civil penalties for violations.

19(a) General rule.--If any operator violates section 3, the
20operator shall pay to the Commonwealth a sum not exceeding
21$25,000.

22(b) Continuing offenses.--In addition to the penalty
23prescribed in subsection (a), each day that an operator is in
24violation of this act or an order of the commission shall be a
25separate and distinct offense.

26Section 5. Effective date.

27This act shall take effect in 60 days.