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 (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- Page 311 TITLE 47—TELECOMMUNICATIONS § 572 chapter 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 ob- tain a certificate under section 214 of this title with respect to the establishment or operation of a system for the delivery of video program- ming. (June 19, 1934, ch. 652, title VI, § 651, as added Pub. L. 104–104, title III, § 302(a), Feb. 8, 1996, 110 Stat. 118.) § 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 in- terest, 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 oper- ator that is owned by, operated by, controlled by, or under common ownership with such cable operator may purchase or otherwise acquire, di- rectly or indirectly, more than a 10 percent fi- nancial interest, or any management interest, in any local exchange carrier providing tele- phone exchange service within such cable opera- tor’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 sub- scribers or to provide telecommunications serv- ices 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 tele- phone 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 in- corporated or unincorporated— (i) places or territories that have fewer than 35,000 inhabitants; and (ii) are outside an urbanized area, as de- fined by the Bureau of the Census; and (B) in the case of a local exchange carrier, such system, in the aggregate with any other system in which such carrier has an interest, serves less than 10 percent of the households in the telephone service area of such carrier. (2) Joint use Notwithstanding subsection (c), a local ex- change carrier may obtain, with the concur- rence of the cable operator on the rates, terms, and conditions, the use of that part of the transmission facilities of a cable system extending from the last multi-user terminal to the premises of the end user, if such use is rea- sonably limited in scope and duration, as de- termined by the Commission. (3) Acquisitions in competitive markets Notwithstanding subsections (a) and (c), a local exchange carrier may obtain a control- ling interest in, or form a joint venture or other partnership with, or provide financing to, a cable system (hereinafter in this para- graph referred to as ‘‘the subject cable sys- tem’’), if— (A) the subject cable system operates in a television market that is not in the top 25 markets, and such market has more than 1 cable system operator, and the subject cable system is not the cable system with the most subscribers in such television market; (B) the subject cable system and the cable system with the most subscribers in such television market held on May 1, 1995, cable television franchises from the largest mu- nicipality in the television market and the boundaries of such franchises were identical on such date; (C) the subject cable system is not owned by or under common ownership or control of any one of the 50 cable system operators with the most subscribers as such operators existed on May 1, 1995; and (D) the system with the most subscribers in the television market is owned by or under common ownership or control of any one of the 10 largest cable system operators as such operators existed on May 1, 1995. (4) Exempt cable systems Subsection (a) does not apply to any cable system if— (A) the cable system serves no more than 17,000 cable subscribers, of which no less than 8,000 live within an urban area, and no less than 6,000 live within a nonurbanized area as of June 1, 1995; (B) the cable system is not owned by, or under common ownership or control with, any of the 50 largest cable system operators in existence on June 1, 1995; and (C) the cable system operates in a tele- vision market that was not in the top 100 television markets as of June 1, 1995. (5) Small cable systems in nonurban areas Notwithstanding subsections (a) and (c), a local exchange carrier with less than $100,000,000 in annual operating revenues (or any affiliate of such carrier owned by, oper- ated by, controlled by, or under common con- trol with such carrier) may purchase or other- wise acquire more than a 10 percent financial interest in, or any management interest in, or