I 
109TH CONGRESS 
1ST SESSION H. R. 3146
To promote deployment of competitive video services and eliminate redundant 
and unnecessary regulation. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Mrs. BLACKBURN (for herself and Mr. WYNN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To promote deployment of competitive video services and 
eliminate redundant and unnecessary regulation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Video Choice Act of 
2005’’. 
SEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY 
RELIEF. 
The Communications Act of 1934 (47 U.S.C. 151 et 
seq.) is amended by adding at the end the following new 
title:
‘‘TITLE VIII—VIDEO CHOICE 
REGULATORY RELIEF 
‘‘SEC. 801. DEFINITIONS. 
‘‘(a) COMPETITIVE VIDEO SERVICES PROVIDER.—
For purposes of this title, the term ‘competitive video serv-
ices provider’ means any provider of video programming, 
interactive on-demand services, other programming serv-
ices, or any other video services, who has, pursuant to any 
Federal, State, or local law, any right, permission, or au-
thority to establish or use lines in or across public rights-
of-way, which right, permission or authority does not rely 
on, and is independent of, any cable franchise obtained 
pursuant to section 621. 
‘‘(b) OTHER TERMS.—For the purposes of this title, 
any term used in this title that is defined by section 602 
has the meaning provided by that section. 
‘‘SEC. 802. REGULATORY RELIEF. 
‘‘(a) REDUNDANT FRANCHISES PROHIBITED.—Not-
withstanding any other provision of this Act, no competi-
tive video services provider may be required, whether pur-
suant to section 621 or to any other provision of Federal, 
State, or local law, to obtain a franchise, in order to pro-
vide any video programming, interactive on-demand serv-
ices, other programming services, or any other video serv-
ices in any geographic area if the provider has, pursuant
to any Federal, State, or local law, any right, permission, 
or authority to establish lines in or across public rights-
of-way in such geographic area, which right, permission 
or authority does not rely on, and is independent of, any 
cable franchise obtained pursuant to section 621. 
‘‘(b) FEES.—
‘‘(1) FEES PERMITTED.—Any competitive video 
services provider may be subject to the payment of 
fees to a local franchising authority, based on the 
gross revenues of the provider within the jurisdiction 
of such franchising authority, subject to the limita-
tions of paragraph (2). 
‘‘(2) LIMITS ON FEES.—In determining the fees 
that may be required under paragraph (1)—
‘‘(A) the rate at which fees are imposed 
shall not exceed—
‘‘(i) the rate at which franchise fees 
are imposed on any cable operator pro-
viding cable service in the jurisdiction of 
the franchising authority, as determined in 
accordance with section 622 and any re-
lated regulations; or 
‘‘(ii) in any jurisdiction in which no 
cable operator provides service, no more 
than the rate at which franchise fees could
be imposed rate on a cable operator in ac-
cordance with section 622 and any related 
regulations; and 
‘‘(B) the only revenues that shall be con-
sidered are those attributable to services that 
would be considered in calculating franchise 
fees if the provider were deemed a cable oper-
ator for purposes of section 622 and any re-
lated regulations. 
‘‘(3) ITEMIZED
BILLING
PERMITTED.—The 
competitive video services provider may designate 
that portion of the end user’s bill attributable to the 
fee under this subsection as a separate item on the 
bill. 
‘‘(c) REGULATORY TREATMENT.—
‘‘(1) OBLIGATIONS AND DUTIES.—Any competi-
tive video services provider shall—
‘‘(A) be subject to the retransmission con-
sent provisions of section 325(b); 
‘‘(B) carry, within each local franchise 
area, any public, educational, or governmental 
use channels that are carried by cable operators 
within such franchise area, and, in any fran-
chise area not served by a cable operator, pro-
vide reasonable public, educational or govern-
mental access facilities pursuant to section 611; 
‘‘(C) carry the signals of local commercial 
television stations as required by section 614; 
‘‘(D) carry the signals of local noncommer-
cial educational television stations as required 
by section 615; 
‘‘(E) not deny services to any group of po-
tential residential subscribers because of the in-
come of the residents of the local area in which 
such group resides; 
‘‘(F) be entitled to the benefits and protec-
tion of section 628; 
‘‘(G) protect the personally identifiable in-
formation of its subscribers in the same manner 
as is required of cable operators with respect to 
subscribers to cable services under section 631; 
‘‘(H) comply with any consumer protection 
and customer service requirements promulgated 
by the Commission pursuant to section 632; 
‘‘(I) be entitled to the benefits and protec-
tion of section 633; 
‘‘(J) be subject to the requirements of sec-
tion 641;