FCC 76.71 Revised as of October 1, 2014
Goto Year:2013 |
§ 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
§ 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 BRS/EBS provider, 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
(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; 69 FR 72045 , Dec. 10, 2004]
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