47 USC 571 – Regulatory treatment of video programming services
(a) Limitations on cable regulation
(1) Radio-based systems
To 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 section 572 of this title, but shall not otherwise be subject to the requirements of this subchapter.
(2) Common carriage of video traffic
To 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 section 572 of this title, but shall not otherwise be subject to the requirements of this subchapter. This paragraph shall not affect the treatment under section 522(7)(C) of this title 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) 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 section 573 of this title; or
(B) if such programming is provided by means of an open video system for which the Commission has approved a certification under section 573 of this title, 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
A 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 section 573 of this title. If the Commission approves such carrier’s certification under section 573 of this title, 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
Terms Used In 47 USC 571
- cable service: has the meaning given such term in section 522 of this title. See 47 USC 153
- cable system: has the meaning given such term in section 522 of this title. See 47 USC 153
- carrier: means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter. See 47 USC 153
- local exchange carrier: means any person that is engaged in the provision of telephone exchange service or exchange access. See 47 USC 153
- person: includes an individual, partnership, association, joint-stock company, trust, or corporation. See 47 USC 153
A common carrier shall not be required to obtain a certificate under section 214 of this title with respect to the establishment or operation of a system for the delivery of video programming.