Goto Section: 76.990 | 76.1001 | Table of Contents
FCC 76.1000
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.1000 Definitions.
As used in this subpart:
(a) Area served by cable system. The term “area served” by a cable system
means an area actually passed by a cable system and which can be connected
for a standard connection fee.
(b) Cognizable interests. In applying the provisions of this subpart,
ownership and other interests in cable operators, satellite cable
programming vendors or satellite broadcast programming vendors will be
attributed to their holders and subject the interest holders to the rules of
this subpart. Cognizable and attributable interests shall be defined by
reference to the criteria set forth in Notes 1 through 5 to Sec. 76.501
provided, however, that:
(1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f)
shall not apply; and
(2) The provisions of Note 2(a) regarding five (5) percent interests shall
include all voting or nonvoting stock or limited partnership equity
interests of five (5) percent or more.
(c) Buying groups. The term “buying group” or “agent,” for purposes of the
definition of a multichannel video programming distributor set forth in
paragraph (e) of this section, means an entity representing the interests of
more than one entity distributing multichannel video programming that:
(1) Agrees to be financially liable for any fees due pursuant to a satellite
cable programming, or satellite broadcast programming, contract which it
signs as a contracting party as a representative of its members or whose
members, as contracting parties, agree to joint and several liability; and
(2) Agrees to uniform billing and standardized contract provisions for
individual members; and
(3) Agrees either collectively or individually on reasonable technical
quality standards for the individual members of the group.
(d) Competing distributors. The term “competing,” as used with respect to
competing multichannel video programming distributors, means distributors
whose actual or proposed service areas overlap.
(e) Multichannel video programming distributor. The term “multichannel video
programming distributor” means an entity engaged in the business of making
available for purchase, by subscribers or customers, multiple channels of
video programming. Such entities include, but are not limited to, a cable
operator, a BRS/EBS provider, a direct broadcast satellite service, a
television receive-only satellite program distributor, and a satellite
master antenna television system operator, as well as buying groups or
agents of all such entities.
Note to paragraph(e): A video programming provider that provides more than
one channel of video programming on an open video system is a multichannel
video programming distributor for purposes of this subpart O and Section
76.1507.
(f) Satellite broadcast programming. The term “satellite broadcast
programming” means broadcast video programming when such programming is
retransmitted by satellite and the entity retransmitting such programming is
not the broadcaster or an entity performing such retransmission on behalf of
and with the specific consent of the broadcaster.
(g) Satellite broadcast programming vendor. The term “satellite broadcast
programming vendor” means a fixed service satellite carrier that provides
service pursuant to section 119 of title 17, United States Code, with
respect to satellite broadcast programming.
(h) Satellite cable programming. The term “satellite cable programming”
means video programming which is transmitted via satellite and which is
primarily intended for direct receipt by cable operators for their
retransmission to cable subscribers, except that such term does not include
satellite broadcast programming.
Note to paragraph(h): Satellite programming which is primarily intended for
the direct receipt by open video system operators for their retransmission
to open video system subscribers shall be included within the definition of
satellite cable programming.
(i) Satellite cable programming vendor. The term “satellite cable
programming vendor” means a person engaged in the production, creation, or
wholesale distribution for sale of satellite cable programming, but does not
include a satellite broadcast programming vendor.
(j) Similarly situated. The term “similarly situated” means, for the
purposes of evaluating alternative programming contracts offered by a
defendant programming vendor, that an alternative multichannel video
programming distributor has been identified by the defendant as being more
properly compared to the complainant in order to determine whether a
violation of Sec. 76.1002(b) has occurred. The analysis of whether an
alternative multichannel video programming distributor is properly
comparable to the complainant includes consideration of, but is not limited
to, such factors as whether the alternative multichannel video programming
distributor operates within a geographic region proximate to the
complainant, has roughly the same number of subscribers as the complainant,
and purchases a similar service as the complainant. Such alternative
multichannel video programming distributor, however, must use the same
distribution technology as the “competing” distributor with whom the
complainant seeks to compare itself.
(k) Subdistribution agreement. The term “subdistribution agreement” means an
arrangement by which a local cable operator is given the right by a
satellite cable programming vendor or satellite broadcast programming vendor
to distribute the vendor's programming to competing multichannel video
programming distributors.
[ 58 FR 27670 , May 11, 1993, as amended at 61 FR 28708 , June 5, 1996; 64 FR 67197 , Dec. 1, 1999; 69 FR 72046 , Dec. 10, 2004]
Goto Section: 76.990 | 76.1001
Goto Year: 2007 |
2009
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public