Goto Section: 76.990 | 76.1001 | Table of Contents
FCC 76.1000
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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, satellite broadcast programming vendors, or
terrestrial cable programming vendors will be attributed to their
holders and may 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 § 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, satellite broadcast programming, or
terrestrial cable 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 or by a terrestrial cable programming
vendor alleged to have engaged in conduct described in
§ 76.1001(b)(1)(ii), 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 § 76.1001(a) or § 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.
(l) Terrestrial cable programming. The term “terrestrial cable
programming” means video programming which is transmitted terrestrially
or by any means other than 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 or satellite cable programming.
(m) Terrestrial cable programming vendor. The term “terrestrial cable
programming vendor” means a person engaged in the production, creation,
or wholesale distribution for sale of terrestrial cable programming,
but does not include a satellite broadcast programming vendor or a
satellite cable programming vendor.
[ 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; 75 FR 9723 , Mar. 3,
2010]
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Goto Section: 76.990 | 76.1001
Goto Year: 2011 |
2013
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