# § 571. Regulatory treatment of video programming services
**(a)** **Limitations on cable regulation**
**(1)** **Radio-based systems** section 572 of this title
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 , but shall not otherwise be subject to the requirements of this subchapter.
**(2)** **Common carriage of video traffic** section 572 of this titlesection 522(7)(C) of this title
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 , but shall not otherwise be subject to the requirements of this subchapter. This paragraph shall not affect the treatment under 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** section 573 of this titlesection 573 of this title
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 . If the Commission approves such carrier’s certification under , 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** section 214 of this title
A common carrier shall not be required to obtain a certificate under with respect to the establishment or operation of a system for the delivery of video programming.
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**Source Credit**: (June 19, 1934, ch. 652, title VI, § 651, as added Pub. L. 104–104, title III, § 302(a), Feb. 8, 1996, 110 Stat. 118.)