§  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
   program service.

   (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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