Structural Separation 249 Sample Clauses

Structural Separation 249. We disagree with those commenters that argue that a separate affiliate requirement nevertheless should be imposed pursuant to Section 272. We believe that Congress' did not intend to impose a separate affiliate requirement on LECs providing open video service. First, Section 653 is silent on whether LECs and others must provide open video service through a separate affiliate. In fact, Congress expressly directed that Title II requirements not be applied to "the establishment and operation of an open video system" under Section 653. In addition, Section 272 exempts "incidental interLATA services" from the separate affiliate requirement, and includes certain video programming services within the definition of "incidental interLATA services" described in Section 271(g). Since we conclude that Congress did not intend to apply a separate affiliate requirement in this context, we need not address whether the provision of video programming would qualify as an "information service" under Section 272(a)(2)(C), or exercise our authority under Section 272(f)(3). Rather, we will adhere to Congress' intent and decline to impose a separate affiliate requirement here. I. Advanced Telecommunications Incentives 1.