Page:United States Statutes at Large Volume 110 Part 1.djvu/143

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 119 but shall not otherwise be subject to the requirements of this title. This paragraph shall not affect the treatment under section 602(7)(C) 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 title, unless such programming is provided by means of an open video system for which the Commission has approved a certification under section 653; or "(B) if such programming is provided by means of an open video system for which the Commission has approved a certification under section 653, such carrier shall be subject to the requirements of this part, but shall be subject to parts I through IV of this title only as provided in 653(c). "(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 653. If the Commission approves such carrier's certification under section 653, such carrier shall be subject to the requirements of this part, but shall be subject to parts I through IV of this title only as provided in 653(c). "(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 title II of this Act, 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 c ommon carrier shall not be required to obtain a certificate under section 214 with respect to the establishment or operation of a system for the delivery of video programming. "SEC. 652. PROHIBITION ON BUY OUTS. 47 USC 572. "(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 interest, 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 operator that is owned by, operated by, controlled by, or under common ownership with such cable operator may purchase or otherwise acquire, directly or indirectly, more than a 10 percent financial interest, or any management interest, in any local exchange carrier providing telephone exchange service within such cable operator'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

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