47 U.S.C. § 562 — Requirements relating to charges for cov-

Page 309 TITLE 47—TELECOMMUNICATIONS § 562 Pub. L. 98–549, set out as a note under section 521 of this title. § 559. Obscene programming Whoever transmits over any cable system any matter which is obscene or otherwise unpro- tected by the Constitution of the United States shall be fined under title 18 or imprisoned not more than 2 years, or both. (June 19, 1934, ch. 652, title VI, § 639, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2801; amended Pub. L. 104–104, title V, § 503, Feb. 8, 1996, 110 Stat. 136.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–104 substituted ‘‘under title 18’’ for ‘‘not more than $10,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title. § 560. Scrambling of cable channels for nonsub- scribers (a) Subscriber request Upon request by a cable service subscriber, a cable operator shall, without charge, fully scramble or otherwise fully block the audio and video programming of each channel carrying such programming so that one not a subscriber does not receive it. (b) ‘‘Scramble’’ defined As used in this section, the term ‘‘scramble’’ means to rearrange the content of the signal of the programming so that the programming can- not be viewed or heard in an understandable manner. (June 19, 1934, ch. 652, title VI, § 640, as added Pub. L. 104–104, title V, § 504, Feb. 8, 1996, 110 Stat. 136.) § 561. Scrambling of sexually explicit adult video service programming (a) Requirement In providing sexually explicit adult program- ming or other programming that is indecent on any channel of its service primarily dedicated to sexually-oriented programming, a multichannel video programming distributor shall fully scramble or otherwise fully block the video and audio portion of such channel so that one not a subscriber to such channel or programming does not receive it. (b) Implementation Until a multichannel video programming dis- tributor complies with the requirement set forth in subsection (a), the distributor shall limit the access of children to the programming referred to in that subsection by not providing such pro- gramming during the hours of the day (as deter- mined by the Commission) when a significant number of children are likely to view it. (c) ‘‘Scramble’’ defined As used in this section, the term ‘‘scramble’’ means to rearrange the content of the signal of the programming so that the programming can- not be viewed or heard in an understandable manner. (June 19, 1934, ch. 652, title VI, § 641, as added Pub. L. 104–104, title V, § 505(a), Feb. 8, 1996, 110 Stat. 136.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of this section, see the Table of Laws Held Unconstitu- tional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitu- tion.congress.gov. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–104, title V, § 505(b), Feb. 8, 1996, 110 Stat. 136, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall take effect 30 days after the date of enactment of this Act [Feb. 8, 1996].’’ § 562. Requirements relating to charges for cov- ered services (a) Consumer rights in sales (1) Right to transparency Before entering into a contract with a con- sumer for the provision of a covered service, a provider of a covered service shall provide the consumer, by phone, in person, online, or by other reasonable means, the total monthly charge for the covered service, whether offered individually or as part of a bundled service, se- lected by the consumer (explicitly noting the amount of any applicable promotional dis- count reflected in such charge and when such discount will expire), including any related ad- ministrative fees, equipment fees, or other charges, a good faith estimate of any tax, fee, or charge imposed by the Federal Government or a State or local government (whether im- posed on the provider or imposed on the con- sumer but collected by the provider), and a good faith estimate of any fee or charge that is used to recover any other assessment im- posed on the provider by the Federal Govern- ment or a State or local government. (2) Right to formal notice A provider of a covered service that enters into a contract described in paragraph (1) shall, not later than 24 hours after entering into the contract, send the consumer, by email, online link, or other reasonably com- parable means, a copy of the information de- scribed in such paragraph. (3) Right to cancel A provider of a covered service that enters into a contract described in paragraph (1) shall permit the consumer to cancel the contract, without paying early cancellation fees or other disconnection fees or penalties, during the 24-hour period beginning when the pro- vider of the covered service sends the copy re- quired by paragraph (2). 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 (other than a provider of a cov- ered service or fixed broadband internet access service) to provide a covered service or to pro- vide fixed broadband internet access service. (3) Covered service The term ‘‘covered service’’ means service provided by a multichannel video program- ming distributer, 1 to the extent such dis- tributor is acting as a multichannel video pro- gramming distributor. (June 19, 1934, ch. 652, title VI, § 642, as added Pub. L. 116–94, div. P, title X, § 1004(a), Dec. 20, 2019, 133 Stat. 3200.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 116–94, div. P, title X, § 1004(b), Dec. 20, 2019, 133 Stat. 3201, provided that: ‘‘Section 642 of the Com- munications Act of 1934 [47 U.S.C. 562], as added by sub- section (a) of this section, shall apply beginning on the date that is 6 months after the date of the enactment of this Act [Dec. 20, 2019]. The Federal Communications Commission may grant an additional 6-month exten- sion if the Commission finds that good cause exists for such an additional extension.’’ PART V—VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES § 571. Regulatory treatment of video program- ming 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 sec- tion 572 of this title, but shall not otherwise be subject to the requirements of this sub- chapter. (2) Common carriage of video traffic To the extent that a common carrier is pro- viding 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 oth- erwise 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 pro- viding video programming to its subscribers in any manner other than that described in para- graphs (1) and (2)— (A) such carrier shall be subject to the re- quirements 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 para- graph (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 ap- proves such carrier’s certification under sec- tion 573 of this title, such carrier shall be sub- ject to the requirements of this part, but shall be subject to parts I through IV of this sub- chapter 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 sub-