Sec. 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 
Sec. 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 multipoint distribution service, a multichannel 
multipoint distribution

[[Page 523]]

service, 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]