Goto Section: 76.1901 | 76.1903 | Table of Contents
FCC 76.1902
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 any service, program, or schedule
or group of programs, that is a substantially simultaneous retransmission of
a broadcast transmission (i.e., an over-the-air transmission for reception
by the general public using radio frequencies allocated for that purpose)
that is made by a terrestrial television broadcast station located within
the country or territory in which the entity retransmitting such broadcast
transmission also is located, where such broadcast transmission is not
subject to a commercially-adopted access control method (e.g., is broadcast
in the clear to members of the public receiving such broadcasts), regardless
of whether such entity subjects such retransmission to an access control
method.
(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; 76 FR 40280 , July 8, 2011]
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Goto Section: 76.1901 | 76.1903
Goto Year: 2014 |
2016
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