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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_b913cbb93f1e0d6d2ffe00e2
Source file: Laws/federal/codes/united-states-code/title-47/section-571-regulatory-treatment-of-video-programming-services--bc62492da6.md
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Source location: Title 47, Chapter 5, § 571; chapter-005-wire-or-radio-communication.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section572&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section572&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section522/7/C&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section573&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section573&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section573&num=0&edition=prelim). If the Commission approves such carrier’s certification under [section 573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section573&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section214&num=0&edition=prelim) with respect to the establishment or operation of a system for the delivery of video programming.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 214 — Extension of lines or discontinuance of service; certificate of public convenience and necessity

**(a) Exceptions; temporary or emergency service or discontinuance of service; changes in plant, operation or equipment** No carrier shall undertake the construction of a new line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line: Provided, That no such certificate shall be required under this section for the construction, acquisition, or operation of (1) a line within a single State unless such line constitutes part of an interstate line, (2) local, branch, or terminal lines not exceeding ten miles in length, or (3) any line acquired under [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section221&num=0&edition=prelim): Provided further, That the Commission may, upon appropriate request being made, authorize temporary or emergency service, or the supplementing of existing facilities, without regard to the provisions of this section. No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 572 — Prohibition on buy outs

**(a) Acquisitions by carriers** No local exchange carrier or any affiliate of such carrier owned by, operated by, controlled by, or under common control with such carrier may purchase or otherwise acquire directly or indirectly more than a 10 percent financial interest, or any management interest, in any cable operator providing cable service within the local exchange carrier’s telephone service area. **(b) Acquisitions by cable operators** No cable operator or affiliate of a cable operator that is owned by, operated by, controlled by, or under common ownership with such cable operator may purchase or otherwise acquire, directly or indirectly, more than a 10 percent financial interest, or any management interest, in any local exchange carrier providing telephone exchange service within such cable operator’s franchise area. **(c) Joint ventures** A local exchange carrier and a cable operator whose telephone service area and cable franchise area, respectively, are in the same market may not enter into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services within such market. **(d) Exceptions** (1) **Rural systems** — Notwithstanding subsections (a), (b), and (c) of this section, a local exchange carrier (with respect to a cable system located in its telephone service area) and a cable operator (with respect to the facilities of a local exchange carrier used to provide telephone exchange service in its cable franchise area) may obtain a controlling interest in, management interest in, or enter into a joint venture or partnership with the operator of such system or facilities for the use of such system or facilities to the extent that— (A) such system or facilities only serve incorporated or un

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 572

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 573 — Establishment of open video systems

**(a) Open video systems** (1) **Certificates of compliance** — A local exchange carrier may provide cable service to its cable service subscribers in its telephone service area through an open video system that complies with this section. To the extent permitted by such regulations as the Commission may prescribe consistent with the public interest, convenience, and necessity, an operator of a cable system or any other person may provide video programming through an open video system that complies with this section. An operator of an open video system shall qualify for reduced regulatory burdens under subsection (c) of this section if the operator of such system certifies to the Commission that such carrier complies with the Commission’s regulations under subsection (b) and the Commission approves such certification. The Commission shall publish notice of the receipt of any such certification and shall act to approve or disapprove any such certification within 10 days after receipt of such certification. (2) **Dispute resolution** — The Commission shall have the authority to resolve disputes under this section and the regulations prescribed thereunder. Any such dispute shall be resolved within 180 days after notice of such dispute is submitted to the Commission. At that time or subsequently in a separate damages proceeding, the Commission may, in the case of any violation of this section, require carriage, award damages to any person denied carriage, or any combination of such sanctions. Any aggrieved party may seek any other remedy available under this chapter. **(b) Commission actions** (1) **Regulations required** — Within 6 months after February 8, 1996, the Commission shall complete all actions necessary (including any reconsideration) to prescribe regulations

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 573

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 571 — Regulatory treatment of video program-

Page 310 TITLE 47—TELECOMMUNICATIONS § 571 1 So in original. Probably should be ‘‘distributor,’’. (b) Consumer rights in e-billing If a provider of a covered service provides a bill to a consumer in an electronic format, the provider shall include in the bill— (1) an itemized statement that breaks down the total amount charged for or relating to the provision of the covered service by the amount charged for the provision of the serv- ice itself and the amount of all related taxes, administrative fees, equipment fees, or other charges; (2) the termination date of the contract for the provision of the covered service entered into between the consumer and the provider; and (3) the termination date of any applicable promotional discount. (c) Consumer rights to accurate equipment charges A provider of a covered service or fixed broadband internet access service may not charge a consumer for— (1) using covered equipment provided by the consumer; or (2) renting, leasing, or otherwise providing to the consumer covered equipment if— (A) the provider has not provided the equipment to the consumer; or (B) the consumer has returned the equip- ment to the provider, except to the extent that the charge relates to the period begin- ning on the date when the provider provided the equipment to the consumer and ending on the date when the consumer returned the equipment to the provider. (d) Definitions In this section: (1) Broadband internet access service The term ‘‘broadband internet access serv- ice’’ has the meaning given such term in sec- tion 8.1(b) of title 47, Code of Federal Regula- tions, or any successor regulation. (2) Covered equipment The term ‘‘covered equipment’’ means equip- ment (such as a router) employed on the prem- ises of a person

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 571

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