Page:United States Statutes at Large Volume 110 Part 1.djvu/148

 110 STAT. 124 PUBLIC LAW 104-104—FEB. 8, 1996 of a subscriber's bill attributable to the fee under this subparagraph as a separate item on the bill. "(3) REGULATORY STREAMLINING.—With respect to the establishment and operation of an open video system, the requirements of this section shall apply in lieu of, and not in addition to, the requirements of title II. "(4) TREATMENT AS CABLE OPERATOR.— Nothing in this Act precludes a video programming provider making use of an open video system from being treated as an operator of a cable system for purposes of section 111 of title 17, United States Code. "(d) DEFINITION OF TELEPHONE SERVICE AREA.— For purposes of this section, the term 'telephone service area' when used in connection with a common carrier subject in whole or in part to title II of this Act means the area within which such carrier is offering telephone exchange service.". (b) CONFORMING AND TECHNICAL AMENDMENTS.— (1) REPEAL.— Subsection (b) of section 613 (47 U.S.C. 533(b)) is repealed. 47 USC 522. (2) DEFINITIONS.— Section 602 (47 U.S.C. 531) is amended— (A) in paragraph (7), by striking ", or (D)" and inserting the following: ", unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section 653 of this title; or (E)"; (B) by redesignating paragraphs (12) through (19) as paragraphs (13) through (20), respectively; and (C) by inserting after paragraph (11) the following new paragraph: "(12) the term 'interactive on-demand services' means a service providing video programming to subscribers over switched networks on an on-demand, point-to-point basis, but does not include services providing video programming prescheduled by the programming provider;". (3) TERMINATION OF VIDEO-DIALTONE REGULATIONS.—The Commission's regulations and policies with respect to video dialtone requirements issued in CC Docket No. 87-266 shall cease to be effective on the date of enactment of this Act. This paragraph shall not be construed to require the termination of any video-dialtone system that the Commission has approved before the date of enactment of this Act. SEC. 303. PREEMPTION OF FRANCHISING AUTHORITY REGULATION OF TELECOMMUNICATIONS SERVICES. (a) PROVISION OF TELECOMMUNICATIONS SERVICES BY A CABLE OPERATOR.— Section 621(b) (47 U.S.C. 541(b)) is amended by adding at the end thereof the following new paragraph: "(3)(A) If a cable operator or affiliate thereof is engaged in the provision of telecommunications services— "(i) such cable operator or affiliate shall not be required to obtain a franchise under this title for the provision of telecommunications services; and "(ii) the provisions of this title shall not apply to such cable operator or affiliate for the provision of telecommunications services. "(B) A franchising authority may not impose any requirement under this title that has the purpose or effect of prohibiting, limit-

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