§  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]