§  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 § 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]