Goto Section: 76.987 | 76.1001 | Table of Contents
Revised as of
Goto Year:1996 |
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.
(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
(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.
(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]
Goto Section: 76.987 | 76.1001
Goto Year: 1996 |
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