---
kind: "section"
citation: "47 U.S.C. § 573"
title: "47"
title_heading: "Telecommunications"
number: "573"
heading: "Establishment of open video systems"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/573"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter V–A — Cable Communications"
  - "Part V — Video Programming Services Provided by Telephone Companies"
---

# §573. Establishment of open video systems

- (a) **Open video systems—**
  - (1) **Certificates of compliance—** A [local exchange carrier](/usc/47/153.md?p=32) may provide [cable service](/usc/47/153.md?p=8) to its [cable service](/usc/47/153.md?p=8) subscribers in its telephone service area through an open video system that complies with this section. To the extent permitted by such regulations as the Commission may prescribe consistent with the public interest, convenience, and necessity, an [operator](/usc/47/153.md?p=38-A) of a [cable system](/usc/47/153.md?p=9) or any other [person](/usc/47/153.md?p=39) may provide video programming through an open video system that complies with this section. An [operator](/usc/47/153.md?p=38-A) of an open video system shall qualify for reduced regulatory burdens under [subsection (c)](#c) of this section if the [operator](/usc/47/153.md?p=38-A) of such system certifies to the Commission that such [carrier](/usc/47/153.md?p=11) complies with the Commission’s regulations under [subsection (b)](#b) and the Commission approves such certification. The Commission shall publish notice of the receipt of any such certification and shall act to approve or disapprove any such certification within 10 days after receipt of such certification.
  - (2) **Dispute resolution—** The Commission shall have the authority to resolve disputes under this section and the regulations prescribed thereunder. Any such dispute shall be resolved within 180 days after notice of such dispute is submitted to the Commission. At that time or subsequently in a separate damages proceeding, the Commission may, in the case of any violation of this section, require carriage, award damages to any [person](/usc/47/153.md?p=39) denied carriage, or any combination of such sanctions. Any aggrieved party may seek any other remedy available under this chapter.
- (b) **Commission actions—**
  - (1) **Regulations required—** Within 6 months after February 8, 1996, the Commission shall complete all actions necessary (including any reconsideration) to prescribe regulations that—
    - (A) except as required pursuant to section [531](/usc/47/531.md), [534](/usc/47/534.md), or [535](/usc/47/535.md) of this title, prohibit an [operator](/usc/47/153.md?p=38-A) of an open video system from discriminating among video programming providers with regard to carriage on its open video system, and ensure that the rates, terms, and conditions for such carriage are just and reasonable, and are not unjustly or unreasonably discriminatory;
    - (B) if demand exceeds the channel capacity of the open video system, prohibit an [operator](/usc/47/153.md?p=38-A) of an open video system and its [affiliates](/usc/47/153.md?p=2) from selecting the video programming services for carriage on more than one-third of the activated channel capacity on such system, but nothing in this subparagraph shall be construed to limit the number of channels that the [carrier](/usc/47/153.md?p=11) and its [affiliates](/usc/47/153.md?p=2) may offer to provide directly to subscribers;
    - (C) permit an [operator](/usc/47/153.md?p=38-A) of an open video system to carry on only one channel any video programming service that is offered by more than one video programming provider (including the [local exchange carrier](/usc/47/153.md?p=32)’s video programming [affiliate](/usc/47/153.md?p=2)): Provided, That subscribers have ready and immediate access to any such video programming service;
    - (D) extend to the distribution of video programming over open video systems the Commission’s regulations concerning sports exclusivity (47 C.F.R. 76.67), network nonduplication (47 C.F.R. 76.92 et seq.), and syndicated exclusivity (47 C.F.R. 76.151 et seq.); and
    - (E)
      - (i) prohibit an [operator](/usc/47/153.md?p=38-A) of an open video system from unreasonably discriminating in favor of the [operator](/usc/47/153.md?p=38-A) or its [affiliates](/usc/47/153.md?p=2) with regard to material or information (including advertising) provided by the [operator](/usc/47/153.md?p=38-A) to subscribers for the purposes of selecting programming on the open video system, or in the way such material or information is presented to subscribers;
      - (ii) require an [operator](/usc/47/153.md?p=38-A) of an open video system to ensure that video programming providers or copyright holders (or both) are able suitably and uniquely to identify their programming services to subscribers;
      - (iii) if such identification is transmitted as part of the programming signal, require the [carrier](/usc/47/153.md?p=11) to transmit such identification without change or alteration; and
      - (iv) prohibit an [operator](/usc/47/153.md?p=38-A) of an open video system from omitting television [broadcast stations](/usc/47/153.md?p=6) or other unaffiliated video programming services carried on such system from any navigational device, guide, or menu.
  - (2) **Consumer access—** Subject to the requirements of [paragraph (1)](#b-1) and the regulations thereunder, nothing in this section prohibits a [common carrier](/usc/47/153.md?p=11) or its [affiliate](/usc/47/153.md?p=2) from negotiating mutually agreeable terms and conditions with over-the-air [broadcast stations](/usc/47/153.md?p=6) and other unaffiliated video programming providers to allow consumer access to their signals on any level or screen of any gateway, menu, or other program guide, whether provided by the [carrier](/usc/47/153.md?p=11) or its [affiliate](/usc/47/153.md?p=2).
- (c) **Reduced regulatory burdens for open video systems—**
  - (1) **In general—** Any provision that applies to a cable [operator](/usc/47/153.md?p=38-A) under—
    - (A) [sections 533](/usc/47/533.md) (other than [subsection (a)](#a) thereof), 536, 543(f), 548, 551, and [554](/usc/47/554.md) of this title, shall apply,
    - (B) sections [531](/usc/47/531.md), [534](/usc/47/534.md), and [535](/usc/47/535.md) of this title, and [section 325 of this title](/usc/47/325.md), shall apply in accordance with the regulations prescribed under [paragraph (2)](#c-2), and
    - (C) sections [532](/usc/47/532.md) and [537](/usc/47/537.md) of this title, and parts III and IV of this subchapter (other than sections [543(f)](/usc/47/543.md?p=f), [548](/usc/47/548.md), [551](/usc/47/551.md), and [554](/usc/47/554.md) of this title), shall not apply,

    to any [operator](/usc/47/153.md?p=38-A) of an open video system for which the Commission has approved a certification under this section.

  - (2) **Implementation—**
    - (A) **Commission action—** In the rulemaking proceeding to prescribe the regulations required by [subsection (b)(1)](#b-1), the Commission shall, to the extent possible, impose obligations that are no greater or lesser than the obligations contained in the provisions described in paragraph (1)(B) of this subsection. The Commission shall complete all action (including any reconsideration) to prescribe such regulations no later than 6 months after February 8, 1996.
    - (B) **Fees—** An [operator](/usc/47/153.md?p=38-A) of an open video system under this part may be subject to the payment of fees on the gross revenues of the [operator](/usc/47/153.md?p=38-A) for the provision of [cable service](/usc/47/153.md?p=8) imposed by a local franchising authority or other governmental entity, in lieu of the franchise fees permitted under [section 542 of this title](/usc/47/542.md). The rate at which such fees are imposed shall not exceed the rate at which franchise fees are imposed on any cable [operator](/usc/47/153.md?p=38-A) transmitting video programming in the franchise area, as determined in accordance with regulations prescribed by the Commission. An [operator](/usc/47/153.md?p=38-A) of an open video system may designate that portion 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 subchapter II.
  - (4) **Treatment as cable operator—** Nothing in this chapter precludes a video programming provider making use of an open video system from being treated as an [operator](/usc/47/153.md?p=38-A) of a [cable system](/usc/47/153.md?p=9) for purposes of [section 111 of title 17](/usc/17/111.md).
- (d) **“Telephone service area” defined—** For purposes of this section, the term “telephone service area” when used in connection with a [common carrier](/usc/47/153.md?p=11) subject in whole or in part to subchapter II of this chapter means the area within which such [carrier](/usc/47/153.md?p=11) is offering [telephone exchange service](/usc/47/153.md?p=54).

## Source credit

(June 19, 1934, ch. 652, title VI, § 653, as added Pub. L. 104–104, title III, § 302(a), Feb. 8, 1996, 110 Stat. 121.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(2) and (c)(4), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.