§  76.71   Scope of application.

   (a) The provisions of this subpart shall apply to any corporation,
   partnership, association, joint-stock company, or trust engaged
   primarily in the management or operation of any cable system. Cable
   entities subject to these provisions include those systems defined in
   § 76.5(a), all satellite master antenna television systems serving 50 or
   more subscribers, and any multichannel video programming distributor.
   For purposes of the provisions of this subpart, a multichannel video
   programming distributor is an entity such as, but not limited to, a
   cable operator, a BRS/EBS provider, a direct broadcast satellite
   service, a television receive-only satellite program distributor, or a
   video dialtone program service provider, who makes available for
   purchase, by subscribers or customers, multiple channels of video
   programming, whether or not a licensee. Multichannel video programming
   distributors do not include any entity which lacks control over the
   video programming distributed. For purposes of this subpart, an entity
   has control over the video programming it distributes, if it selects
   video programming channels or programs and determines how they are
   presented for sale to consumers. Nothwithstanding the foregoing, the
   regulations in this subpart are not applicable to the owners or
   originators (of programs or channels of programming) that distribute
   six or fewer channels of commonly-owned video programming over a leased
   transport facility. For purposes of this subpart, programming services
   are “commonly-owned” if the same entity holds a majority of the stock
   (or is a general partner) of each program service.

   (b) Employment units. The provisions of this subpart shall apply to
   cable entities as employment units. Each cable entity may be considered
   a separate employment unit; however, where two or more cable entities
   are under common ownership or control and are interrelated in their
   local management, operation, and utilization of employees, they shall
   constitute a single employment unit.

   (c) Headquarters office. A multiple cable operator shall treat as a
   separate employment unit each headquarters office to the extent the
   work of that office is primarily related to the operation of more than
   one employment unit as described in paragraph (b) of this section.

   [ 50 FR 40855 , Oct. 7, 1985, as amended at  58 FR 42250 , Aug. 9, 1993;  69 FR 72045 , Dec. 10, 2004]