Page:United States Statutes at Large Volume 110 Part 1.djvu/142

 110 STAT. 118 PUBLIC LAW 104-104—FEB. 8, 1996 (j) AGGREGATION OF EQUIPMENT COSTS. —Section 623(a) (47 U.S.C. 543(a)) is amended by adding at the end the following new paragraph: " (7) AGGREGATION OF EQUIPMENT COSTS.— "(A) IN GENERAL.—The Commission shall allow cable operators, pursuant to any rules promulgated under subsection (b)(3), to aggregate, on a franchise, system, regional, or company level, their equipment costs into broad categories, such as converter boxes, regardless of the varying levels of functionality of the equipment within each such broad category. Such aggregation shall not be permitted with respect to equipment used by subscribers who receive only a rate regulated basic service tier. "(B) REVISION TO COMMISSION RULES; FORMS. —Within 120 days of the date of enactment of the Telecommunications Act of 1996, the Commission shall issue revisions to the appropriate rules and forms necessary to implement subparagraph (A).", (k) TREATMENT OF PRIOR YEAR LOSSES.— 47 USC 543. (1) AMENDMENT.— Section 623 (48 U.S.C. 543) is amended by adding at the end thereof the following: "(n) TREATMENT OF PRIOR YEAR LOSSES. — Notwithstanding any other provision of this section or of section 612, losses associated with a cable system (including losses associated with the grant or award of a franchise) that were incurred prior to September 4, 1992, with respect to a cable system that is owned and operated by the original franchisee of such system shall not be disallowed, in whole or in part, in the determination of whether the rates for any tier of service or any type of equipment that is subject to regulation under this section are lawful.". 47 USC 543 note. (2) EFFECTIVE DATE.— The amendment made by paragraph (1) shall take effect on the date of enactment of this Act and shall be applicable to any rate proposal filed on or after September 4, 1993, upon which no final action has been taken by December 1, 1995. SEC. 302. CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES. (a) PROVISIONS FOR REGULATION OF CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES. —Title VI (47 U.S.C. 521 et seq.) is amended by adding at the end the following new part: "PART V—VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES 47 USC 57L "SEC. 651. REGULATORY TREATMENT OF VIDEO PROGRAMMING SERV- ICES. " (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 title III and section 652, but shall not otherwise be subject to the requirements of this title. "(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 title II and section 652,

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