text: 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 services provider' means any 
  provider of video programming, interactive on-demand services, other 
  programming services, or any other video services, who has, pursuant to 
  any Federal, State, or local law, any right, permission, or authority 
  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.--Notwithstanding any other 
  provision of this Act, no competitive video services provider may be 
  required, whether pursuant to section 621 or to any other provision of 
  Federal, State, or local law, to obtain a franchise, in order to 
  provide any video programming, interactive on-demand services, other 
  programming services, or any other video services 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 limitations 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 providing cable 
                          service in the jurisdiction of the franchising 
                          authority, as determined in accordance with 
                          section 622 and any related 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 accordance 
                          with section 622 and any related regulations; 
                          and
                      ``(B) the only revenues that shall be considered 
                  are those attributable to services that would be 
                  considered in calculating franchise fees if the 
                  provider were deemed a cable operator for purposes of 
                  section 622 and any related 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 competitive video 
          services provider shall--
                      ``(A) be subject to the retransmission consent 
                  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 franchise area not served by a cable 
                  operator, provide reasonable public, educational or 
                  governmental 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 noncommercial 
                  educational television stations as required by section 
                  615;
                      ``(E) not deny services to any group of potential 
                  residential subscribers because of the income of the 
                  residents of the local area in which such group 
                  resides;
                      ``(F) be entitled to the benefits and protection of 
                  section 628;
                      ``(G) protect the personally identifiable 
                  information 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 protection of 
                  section 633;
                      ``(J) be subject to the requirements of section 
                  641;
                      ``(K) be subject to the prohibition on buy outs of 
                  or by the incumbent cable operator under section 652; 
                  and
                      ``(L) not be subject to any other provisions of 
                  title VI of this Act.
              ``(2) Determinations of local signals.--For purposes of 
          complying with paragraphs (1) (C) and (D), a competitive video 
          service provider shall treat as local television stations with 
          respect to a customer located within the jurisdiction of any 
          franchising authority the same stations that are treated as 
          local television stations for a cable system located within 
          such jurisdiction.
      ``(d) Other Regulation Prohibited.--Except to the extent expressly 
  provided in this title, neither the Commission nor any State or 
  political subdivision thereof may regulate the rates, charges, terms, 
  or conditions for, entry into, exit from, deployment or provision of, 
  or any other aspect of the services provided by a competitive video 
  services provider.
      ``(e) State and Local Government Authority.--Except as provided in 
  subsection (a), nothing in this section affects the authority of a 
  State or local government to manage the public rights-of-way.''.
  
  SEC. 3. REGULATION OF COMMON CARRIERS.
  
      Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C. 
  571(a)(3)) is amended--
              (1) by striking ``or'' at the end of subparagraph (A);
              (2) by striking the period at the end of subparagraph (B) 
          and inserting ``; or''; and
              (3) by adding at the end the following new subparagraph:
                      ``(C) if such carrier is a competitive video 
                  services provider providing video programming pursuant 
                  to title VIII of this Act, such carrier shall not be 
                  subject to the requirements of this title except as 
                  provided in title VIII.''.
target: Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area.
  
  Provides for the regulatory treatment of CVSPs.
feat_title: To promote deployment of competitive video services and eliminate redundant and unnecessary regulation.