Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§571 Regulatory Treatment of Video Programming Services

Title 47 › CHAPTER 5 — WIRE OR RADIO COMMUNICATION › SUBCHAPTER V–A — CABLE COMMUNICATIONS › Part V — Video Programming Services Provided by Telephone Companies › § 571

Last updated Sep 22, 2026|Official source

Summary

Different kinds of video services follow different rules. If a carrier sends video over radio, it must follow subchapter III and section 572 and no other rules in this subchapter. If a carrier only transmits video on a common‑carrier basis, it must follow subchapter II and section 572 and no other rules in this subchapter. That does not change how section 522(7)(C) treats a carrier’s facility as a cable system. If a carrier delivers video in other ways (for example, like regular cable), it must follow this subchapter unless it uses an open video system certified by the Commission under section 573. If certified under section 573, the carrier follows this part but only parts I–IV as section 573(c) allows. A carrier using radio or common carriage can choose to operate as an open video system and, if certified, follow the same limited rules. Local exchange carriers that offer cable or open video systems do not have to give other parties nondiscriminatory capacity under subchapter II. A common carrier also does not need a certificate under section 214 to build or run a video delivery system.

Full Legal Text

Title 47, §571

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(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, 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, 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.

Reference

Citations & Metadata

Citation

47 U.S.C. § 571

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110