Goto Section: 76.806 | 76.905 | Table of Contents
Revised as of December 6, 2018
Goto Year:2018 |
§ 76.901 Definitions.
Link to an amendment published at 83 FR 60775 , Nov. 27, 2018.
(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
(2) Video programming offered on a pay-per-channel or pay-per-program
(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]
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Goto Section: 76.806 | 76.905
Goto Year: 2018 |
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