Sec.  76.1902   Definitions.

   (a) Commercial advertising messages shall mean, with respect to any service,
   program, or schedule or group of programs, commercial advertising messages
   other than:

   (1) Advertising relating to such service itself or the programming contained
   therein,

   (2)  Interstitial  programming  relating to such service itself or the
   programming contained therein, or

   (3) Any advertising which is displayed concurrently with the display of any
   part of such program(s), including but not limited to “bugs,” “frames” and
   “banners.”

   (b) Commercial audiovisual content shall mean works that consist of a series
   of related images which are intrinsically intended to be shown by the use of
   machines, or devices such as projectors, viewers, or electronic equipment,
   together with accompanying sounds, if any, regardless of the nature of the
   material objects, such as films or tapes, in which the works are embodied,
   transmitted by a covered entity and that are:

   (1) Not created by the user of a covered product, and

   (2) Offered for transmission, either generally or on demand, to subscribers
   or purchasers or the public at large or otherwise for commercial purposes,
   not uniquely to an individual or a small, private group.

   (c) Commercially adopted access control method shall mean any commercially
   adopted  access  control  method including digitally controlled analog
   scrambling systems, whether now or hereafter in commercial use.

   (d) Copy never shall mean, with respect to commercial audiovisual content,
   the encoding of such content so as to signal that such content may not to be
   copied by a covered product.

   (e) Copy one generation shall mean, with respect to commercial audiovisual
   content, the encoding of such content so as to permit a first generation of
   copies  to  be  made by a covered product but not copies of such first
   generation of copies.

   (f) Copy no more shall mean, with respect to commercial audiovisual content,
   the encoding of such content so as to reflect that such content is a first
   generation copy of content encoded as copy one generation and no further
   copies are permitted.

   (g)  Covered  product  shall mean a device used by consumers to access
   commercial  audiovisual content offered by a covered entity (excluding
   delivery  via  cable  modem  or the Internet); and any device to which
   commercial audiovisual content so delivered from such covered product may be
   passed, directly or indirectly.

   (h) Covered entity shall mean any entity that is subject to this subpart.

   (i) Defined business model shall mean video-on-demand, pay-per view, pay
   television  transmission,  non-premium  subscription  television, free
   conditional access delivery and unencrypted broadcast television.

   (j)  Encode  shall mean, in the transmission of commercial audiovisual
   content, to pass, attach, embed, or otherwise apply to, associate with, or
   allow  to  persist  in or remain associated with such content, data or
   information which when read or responded to in a covered device has the
   effect of preventing, pausing, or limiting copying, or constraining the
   resolution of a program when output from the covered device.

   (k) Encoding rules shall mean the requirements or prohibitions describing or
   limiting encoding of audiovisual content as set forth in this subpart.

   (l) Free conditional access delivery shall mean a delivery of a service,
   program, or schedule or group of programs via a commercially-adopted access
   control  method,  where  viewers  are  not charged any fee (other than
   government-mandated fees) for the reception or viewing of the programming
   contained therein, other than unencrypted broadcast television.

   (m) Non-premium subscription television shall mean a service, or schedule or
   group  of  programs (which may be offered for sale together with other
   services, or schedule or group of programs), for which subscribers are
   charged a subscription fee for the reception or viewing of the programming
   contained therein, other than pay television, subscription-on-demand and
   unencrypted broadcast television. By way of example, “basic cable service”
   and  “extended  basic cable service” (other than unencrypted broadcast
   television) are “non-premium subscription television.”

   (n) Pay-per-view shall mean a delivery of a single program or a specified
   group  of  programs, as to which each such single program is generally
   uninterrupted by commercial advertising messages and for which recipients
   are charged a separate fee for each program or specified group of programs.
   The term pay-per-view shall also include delivery of a single program for
   which multiple start times are made available at time intervals which are
   less than the running time of such program as a whole. If a given delivery
   qualifies both as pay-per-view and a pay television transmission, then, for
   purposes of this subpart, such delivery shall be deemed pay-per-view rather
   than a pay television transmission.

   (o) Pay television transmission shall mean a transmission of a service or
   schedule of programs, as to which each individual program is generally
   uninterrupted by commercial advertising messages and for which service or
   schedule of programs subscribing viewers are charged a periodic subscription
   fee, such as on a monthly basis, for the reception of such programming
   delivered by such service whether separately or together with other services
   or programming, during the specified viewing period covered by such fee. If
   a  given  delivery qualifies both as a pay television transmission and
   pay-per-view, video-on-demand, or subscription-on-demand then, for purposes
   of this subpart, such delivery shall be deemed pay-per-view, video-on-demand
   or subscription-on-demand rather than a pay television transmission.

   (p) Program shall mean any work of commercial audiovisual content.

   (q) Subscription-on-demand shall mean the delivery of a single program or a
   specified group of programs for which:

   (1) A subscriber is able, at his or her discretion, to select the time for
   commencement of exhibition thereof,

   (2) Where each such single program is generally uninterrupted by commercial
   advertising messages; and

   (3) For which program or specified group of programs subscribing viewers are
   charged  a  periodic subscription fee for the reception of programming
   delivered by such service during the specified viewing period covered by the
   fee. In the event a given delivery of a program qualifies both as a pay
   television transmission and subscription-on-demand, then for purposes of
   this subpart, such delivery shall be deemed subscription-on-demand rather
   than a pay television transmission.

   (r) Undefined business model shall mean a business model that does not fall
   within the definition of a defined business model.

   (s) Unencrypted broadcast television means the retransmission by a covered
   entity of any service, program, or schedule or group of programs originally
   broadcast in the clear without use of a commercially-adopted access control
   method by a terrestrial television broadcast station regardless of whether
   such  covered entity employs an access control method as a part of its
   retransmission.

   (t) Video-on-demand shall mean a delivery of a single program or a specified
   group of programs for which:

   (1) Each such individual program is generally uninterrupted by commercial
   advertising messages;

   (2) Recipients are charged a separate fee for each such single program or
   specified group of programs; and

   (3) A recipient is able, at his or her discretion, to select the time for
   commencement of exhibition of such individual program or specified group of
   programs. In the event a delivery qualifies as both video-on-demand and a
   pay  television  transmission, then for purposes of this subpart, such
   delivery shall be deemed video-on-demand.

   [ 68 FR 66735 , Nov. 28, 2003, as amended at  69 FR 4082 , Jan. 28, 2004]