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U.S. Code as of:
01/19/04
Section 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.
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