Sec.  76.901   Definitions.

   (a) Basic service. The basic service tier shall, at a minimum, include all
   signals of domestic television broadcast stations provided to any subscriber
   (except a signal secondarily transmitted by satellite carrier beyond the
   local service area of such station, regardless of how such signal is
   ultimately received by the cable system) any public, educational, and
   governmental programming required by the franchise to be carried on the
   basic tier, and any additional video programming signals a service added to
   the basic tier by the cable operator.

   (b) Cable programming service. Cable programming service includes any video
   programming provided over a cable system, regardless of service tier,
   including installation or rental of equipment used for the receipt of such
   video programming, other than:

   (1) Video programming carried on the basic service tier as defined in this
   section;

   (2) Video programming offered on a pay-per-channel or pay-per-program basis;
   or

   (3) A combination of multiple channels of pay-per-channel or pay-per-program
   video programming offered on a multiplexed or time-shifted basis so long as
   the combined service:

   (i) Consists of commonly-identified video programming; and

   (ii) Is not bundled with any regulated tier of service.

   (c) Small System. A small system is a cable television system that serves
   15,000 or fewer subscribers. The service area of a small system shall be
   determined by the number of subscribers that are served by the system's
   principal headend, including any other headends or microwave receive sites
   that are technically integrated to the principal headend.

   (d) New Product Tier. A new product tier (“NPT”) is a cable programming
   service tier meeting the conditions set forth in  Sec. 76.987.

   (e) Small cable company. A small cable company is a cable television
   operator that serves a total of 400,000 or fewer subscribers over one or
   more cable systems.

   (f) Small cable operator. A small cable operator is an operator that,
   directly or through an affiliate, serves in the aggregate fewer than 1
   percent of all subscribers in the United States and is not affiliated with
   any entity or entities whose gross annual revenues in the aggregate exceed
   $250,000,000. For purposes of this definition, an operator shall be deemed
   affiliated with another entity if that entity holds a 20 percent or greater
   equity interest (not including truly passive investment) in the operator or
   exercises de jure or de facto control over the operator.

   Note 1 to paragraph (f): Using the most reliable sources publicly available,
   the Commission periodically will determine and give public notice of the
   subscriber count that will serve as the 1 percent threshold until a new
   number is calculated.

   Note 2 to paragraph (f): For a discussion of passive interests with respect
   to small cable operators, see Implementation of Cable Act Reform Provisions
   of the Telecommunications Act of 1996, Report and Order in CS Docket No.
   96–85, FCC 99–57 (released March 29, 1999).

   Note 3 to paragraph (f): If two or more entities unaffiliated with each
   other each hold an equity interest in the small cable operator, the equity
   interests of the unaffiliated entities will not be aggregated with each
   other for the purpose of determining whether an entity meets or passes the
   20 percent affiliation threshold.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 62623 , Dec. 6, 1994;  60 FR 35864 , July 12, 1995;  64 FR 35950 , July 2, 1999]