
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC571]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
   Part V--Video Programming Services Provided by Telephone Companies
 
Sec. 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 of this chapter 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 of this chapter 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

    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.

(June 19, 1934, ch. 652, title VI, Sec. 651, as added Pub. L. 104-104, 
title III, Sec. 302(a), Feb. 8, 1996, 110 Stat. 118.)
