Sec. 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) Attributable interest. For purposes of determining whether a 
party has an ``attributable interest'' as used in this subpart, the 
definitions contained in the notes to Sec. 76.501 shall be used, 
provided, however that:
    (1) The single majority shareholder provisions of Note 2(b) to 
Sec. 76.501 and the limited partner insulation provisions of Note 2(g) 
to Sec. 76.501 shall not apply; and
    (2) The provisions of Note 2(a) to Sec. 76.501 regarding five (5) 
percent interests shall include all voting or nonvoting stock or limited 
partnership equity interests of five (5) percent or more.

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    (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, or satellite broadcast 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 multichannel 
multipoint distribution service, 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, 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 Sec. 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.

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    (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.

[ 58 FR 27670 , May 11, 1993, as amended at  61 FR 28708 , June 5, 1996]