PREEMPTION OF FRANCHISING AUTHORITY REGULATION OF TELECOMMUNICATIONS SERVICES.

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-110 STAT. 125ing, restricting, or conditioning the provision of a telecommunications service by a cable operator or an affiliate thereof. “(C) A franchising authority may not order a cable operator or affiliate thereof— “(i) to discontinue the provision of a telecommunications service, or “(ii) to discontinue the operation of a cable system, to the extent such cable system is used for the provision of a telecommunications service, by reason of the failure of such cable operator or affiliate thereof to obtain a franchise or franchise renewal under this title with respect to the provision of such telecommunications service. “(D) Except as otherwise permitted by sections 611 and 612, a franchising authority may not require a cable operator to provide any telecommunications service or facilities, other than institutional networks, as a condition of the initial grant of a franchise, a franchise renewal, or a transfer of a franchise.”. (b) Franchise Fees.— Section 622(b) (47 U.S.C. 542(b)) is amended by inserting “to provide cable services” immediately before the period at the end of the first sentence thereof.