47 U.S.C. § 555a : US Code - Section 555A: Limitation of franchising authority liability
Search 47 U.S.C. § 555a : US Code - Section 555A: Limitation of franchising authority liability
(a) Suits for damages prohibited
In any court proceeding pending on or initiated after October 5,
1992, involving any claim against a franchising authority or other
governmental entity, or any official, member, employee, or agent of
such authority or entity, arising from the regulation of cable
service or from a decision of approval or disapproval with respect
to a grant, renewal, transfer, or amendment of a franchise, any
relief, to the extent such relief is required by any other
provision of Federal, State, or local law, shall be limited to
injunctive relief and declaratory relief.
(b) Exception for completed cases
The limitation contained in subsection (a) of this section shall
not apply to actions that, prior to such violation, have been
determined by a final order of a court of binding jurisdiction, no
longer subject to appeal, to be in violation of a cable operator's
rights.
(c) Discrimination claims permitted
Nothing in this section shall be construed as limiting the relief
authorized with respect to any claim against a franchising
authority or other governmental entity, or any official, member,
employee, or agent of such authority or entity, to the extent such
claim involves discrimination on the basis of race, color, sex,
age, religion, national origin, or handicap.
(d) Rule of construction
Nothing in this section shall be construed as creating or
authorizing liability of any kind, under any law, for any action or
failure to act relating to cable service or the granting of a
franchise by any franchising authority or other governmental
entity, or any official, member, employee, or agent of such
authority or entity.
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