47 U.S.C. § 571 | Regulatory treatment of video programming services

(a)

Limitations on cable regulation

(1)

Radio-based systems

section 572 of this titleTo the extent that a common carrier (or any other person) is providing video programming to subscribers using radio communication, such carrier (or other person) shall be subject to the requirements of subchapter III and , but shall not otherwise be subject to the requirements of this subchapter.

(2)

Common carriage of video traffic

section 572 of this title section 522(7)(C) of this titleTo the extent that a common carrier is providing transmission of video programming on a common carrier basis, such carrier shall be subject to the requirements of subchapter II and , but shall not otherwise be subject to the requirements of this subchapter. This paragraph shall not affect the treatment under of a facility of a common carrier as a cable system.

(3)

Cable systems and open video systems

To the extent that a common carrier is providing video programming to its subscribers in any manner other than that described in paragraphs (1) and (2)—

(A)

section 573 of this title such carrier shall be subject to the requirements of this subchapter, unless such programming is provided by means of an open video system for which the Commission has approved a certification under ; or

(B)

section 573 of this title if such programming is provided by means of an open video system for which the Commission has approved a certification under , such carrier shall be subject to the requirements of this part, but shall be subject to parts I through IV of this subchapter only as provided in 573(c) of this title.

(4)

Election to operate as open video system

section 573 of this title section 573 of this titleA common carrier that is providing video programming in a manner described in paragraph (1) or (2), or a combination thereof, may elect to provide such programming by means of an open video system that complies with . If the Commission approves such carrier’s certification under , such carrier shall be subject to the requirements of this part, but shall be subject to parts I through IV of this subchapter only as provided in 573(c) of this title.

(b)

Limitations on interconnection obligations

A local exchange carrier that provides cable service through an open video system or a cable system shall not be required, pursuant to subchapter II of this chapter, to make capacity available on a nondiscriminatory basis to any other person for the provision of cable service directly to subscribers.

(c)

Additional regulatory relief

section 214 of this titleA common carrier shall not be required to obtain a certificate under with respect to the establishment or operation of a system for the delivery of video programming.

June 19, 1934, ch. 652 Pub. L. 104–104, title III, § 302(a)Feb. 8, 1996110 Stat. 118(, title VI, § 651, as added , , .)