Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Common carriers that deliver video to subscribers are treated differently depending on how they send it. If video is sent by radio, the carrier must follow subchapter III and section 572 only. If video is sent as a common-carrier transmission, the carrier must follow subchapter II and section 572 only (and this does not change how a facility is treated under section 522(7)(C) as a cable system). If video is provided in some other way, the carrier must follow this subchapter unless the video is supplied through an open video system with a Commission certification under section 573. If the open video system is certified under section 573, the carrier must follow this part, and parts I–IV of this subchapter only as section 573(c) says. Carriers covered by the radio or common-carrier rules may choose to use a certified open video system and, if approved under section 573, will be treated the same way. A local exchange carrier that offers cable service through an open video system or a cable system does not have to, under subchapter II, make capacity available on equal terms to others to provide cable service directly to subscribers. A common carrier does not have to get a certificate under section 214 to set up or run a video delivery system.

Full Legal Text

Title 47, §571

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

(a)(1)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)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)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)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)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)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 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60