§  76.5   Definitions.

   (a) Cable system or cable television system. A facility consisting of a
   set of closed transmission paths and associated signal generation,
   reception, and control equipment that is designed to provide cable
   service which includes video programming and which is provided to
   multiple subscribers within a community, but such term does not
   include:

   (1) A facility that services only to retransmit the television signals
   of one or more television broadcast stations;

   (2) A facility that serves subscribers without using any public
   right-of-way;

   (3) A facility of a common carrier which is subject, in whole or in
   part, to the provisions of Title II of the Communications Act of 1934,
   as amended, except that such facility shall be considered a cable
   system to the extent such facility is used in the transmission of video
   programming directly to subscribers, unless the extent of such use is
   solely to provide interactive on-demand services;

   (4) An open video system that complies with Section 653 of the
   Communications Act; or

   (5) Any facilities of any electric utility used solely for operating
   its electric utility systems.

   Note to paragraph ( a ): The provisions of subparts D and F of this
   part shall also apply to all facilities defined previously as cable
   systems on or before April 28, 1985, except those that serve
   subscribers without using any public right-of-way.

   (b) Television station; television broadcast station. Any television
   broadcast station operating on a channel regularly assigned to its
   community by §  73.606 or §  73.622 of this chapter, and any television
   broadcast station licensed by a foreign government: Provided, however,
   That a television broadcast station licensed by a foreign government
   shall not be entitled to assert a claim to carriage, program
   exclusivity, or retransmission consent authorization pursuant to
   subpart D or F of this part, but may otherwise be carried if consistent
   with the rules on any service tier. Further provided that a television
   broadcast station operating on channels regularly assigned to its
   community by both § §  73.606 and 73.622 of this chapter may assert a
   claim for carriage pursuant to subpart D of this part only for a
   channel assigned pursuant to §  73.606.

   (c) Television translator station. A television broadcast translator
   station as defined in §  74.701 of this chapter.

   (d) Grade A and Grade B contours. The field intensity contours defined
   in §  73.683(a) of this chapter.

   (e) Specified zone of a television broadcast station. The area
   extending 56.3 air km (35 air miles) from the reference point in the
   community to which that station is licensed or authorized by the
   Commission. A list of reference points is contained in §  76.53. A
   television broadcast station that is authorized but not operating has a
   specified zone that terminates eighteen (18) months after the initial
   grant of its construction permit.

   (f) Major television market. The specified zone of a commercial
   television station licensed to a community listed in §  76.51, or a
   combination of such specified zones where more than one community is
   listed.

   (g) Designated community in a major television market. A community
   listed in §  76.51.

   (h) Smaller television market. The specified zone of a commercial
   television station licensed to a community that is not listed in
   §  76.51.

   (i) Significantly viewed. Viewed in over-the-air households as follows:
   (1) For a full or partial network station--a share of viewing hours of
   at least 3 percent (total week hours), and a net weekly circulation of
   at least 25 percent; and (2) for an independent station--a share of
   viewing hours of at least 2 percent (total week hours), and a net
   weekly circulation of at least 5 percent. See §  76.54.

   Note: As used in this paragraph, "share of viewing hours" means the
   total hours that over-the-air television households viewed the subject
   station during the week, expressed as a percentage of the total hours
   these households viewed all stations during the period, and "net weekly
   circulation" means the number of over-the-air television households
   that viewed the station for 5 minutes or more during the entire week,
   expressed as a percentage of the total over-the-air television
   households in the survey area.

   (j) Full network station. A commercial television broadcast station
   that generally carries in weekly prime time hours 85 percent of the
   hours of programing offered by one of the three major national
   television networks with which it has a primary affiliation ( i.e. ,
   right of first refusal or first call).

   (k) Partial network station. A commercial television broadcast station
   that generally carries in prime time more than 10 hours of programming
   per week offered by the three major national television networks, but
   less than the amount specified in paragraph (j) of this section.

   (l) Independent station. A commercial television broadcast station that
   generally carries in prime time not more than 10 hours of programing
   per week offered by the three major national television networks.

   (m) A network program is any program delivered simultaneously to more
   than one broadcast station regional or national, commercial or
   noncommercial.

   (n) Prime time. The 5-hour period from 6 to 11 p.m., local time, except
   that in the central time zone the relevant period shall be between the
   hours of 5 and 10 p.m., and in the mountain time zone each station
   shall elect whether the period shall be 6 to 11 p.m. or 5 to 10 p.m.

   Note: Unless the Commission is notified to the contrary, a station in
   the mountain time zone shall be presumed to have elected the 6 to 11
   p.m. period.

   (o) Cablecasting. Programming (exclusive of broadcast signals) carried
   on a cable television system. See paragraphs (y), (z) and (aa) (Classes
   II, III, and IV cable television channels) of this section.

   (p) Origination cablecasting. Programing (exclusive of broadcast
   signals) carried on a cable television system over one or more channels
   and subject to the exclusive control of the cable operator.

   (q) Legally qualified candidate. (1) Any person who:

   (i) Has publicly announced his or her intention to run for nomination
   or office;

   (ii) Is qualified under the applicable local, State or Federal law to
   hold the office for which he or she is a candidate; and

   (iii) Has met the qualifications set forth in either paragraphs (q)(2),
   (3) or (4) of this section.

   (2) A person seeking election to any public office including that of
   President or Vice President of the United States, or nomination for any
   public office except that of President or Vice President, by means of a
   primary, general or special election, shall be considered a legally
   qualified candidate if, in addition to meeting the criteria set forth
   in paragraph (q)(1) of this section, that person:

   (i) Has qualified for a place on the ballot, or

   (ii) Has publicly committed himself or herself to seeking election by
   the write-in method and is eligible under applicable law to be voted
   for by sticker, by writing in his or her name on the ballot or by other
   method, and makes a substantial showing that he or she is a bona fide
   candidate for nomination or office.

   Persons seeking election to the office of President or Vice President
   of the United States shall, for the purposes of the Communications Act
   and the rules thereunder, be considered legally qualified candidates
   only in those States or territories (or the District of Columbia) in
   which they have met the requirements set forth in paragraphs (q) (1)
   and (2) of this rule; except that any such person who has met the
   requirements set forth in paragraphs (q) (1) and (2) in at least 10
   States (or nine and the District of Columbia) shall be considered a
   legally qualified candidate for election in all States, territories and
   the District of Columbia for purposes of this Act.

   (3) A person seeking nomination to any public office except that of
   President or Vice President of the United States, by means of a
   convention, caucus or similar procedure, shall be considered a legally
   qualified candidate if, in addition to meeting the requirements set
   forth in paragraph (q)(1) of this section, that person makes a
   substantial showing that he or she is a bona fide candidate for such
   nomination; except that no person shall be considered a legally
   qualified candidate for nomination by the means set forth in this
   paragraph prior to 90 days before the beginning of the convention,
   caucus or similar procedure in which he or she seeks nomination.

   (4) A person seeking nomination for the office of President or Vice
   President of the United States shall, for the purposes of the
   Communications Act and the rules thereunder, be considered a legally
   qualified candidate only in those States or territories (or the
   District of Columbia) in which, in addition meeting the requirements
   set forth in paragraph (q)(1) of this section.

   (i) He or she, or proposed delegates on his or her behalf, have
   qualified for the primary of Presidential preference ballot in that
   State, territory or the District of Columbia, or

   (ii) He or she has made a substantial showing of bona fide candidacy
   for such nomination in that State, territory of the District of
   Columbia; except that such person meeting the requirements set forth in
   paragraph (q) (1) and (4) in at least 10 States (or nine and the
   District of Columbia) shall be considered a legally qualified candidate
   for nomination in all States, territories and the District of Columbia
   for purposes of the Act.

   (5) The term "substantial showing" of bona fide candidacy as used in
   paragraph (q) (2), (3) and (4) of this section means evidence that the
   person claiming to be a candidate has engaged to a substantial degree
   in activities commonly associated with political campaigning. Such
   activities normally would include making campaign speeches,
   distributing campaign literature, issuing press releases, maintaining a
   campaign headquarters (even though the headquarters in some instances
   might be the residence of the candidate or his campaign manager). Not
   all of the listed activities are necessarily required in each case to
   demonstrate a substantial showing, and there may be activities not
   listed herein which would contribute to such a showing.

   (r) Class I cable television channel. A signaling path provided by a
   cable television system to relay to subscriber terminals television
   broadcast programs that are received off-the-air or are obtained by
   microwave or by direct connection to a television broadcast station.

   (s) Class II cable television channel. A signaling path provided by a
   cable television system to deliver to subscriber terminals television
   signals that are intended for reception by a television broadcast
   receiver without the use of an auxilliary decoding device and which
   signals are not involved in a broadcast transmission path.

   (t) Class III cable television channel. A signaling path provided by a
   cable television system to deliver to subscriber terminals signals that
   are intended for reception by equipment other than a television
   broadcast receiver or by a television broadcast receiver only when used
   with auxiliary decoding equipment.

   (u) Class IV cable television channel. A signaling path provided by a
   cable television system to transmit signals of any type from a
   subscriber terminal to another point in the cable television system.

   (v) Subscriber terminal. The cable television system terminal to which
   a subscriber's equipment is connected. Separate terminals may be
   provided for delivery of signals of various classes. Terminal devices
   interconnected to subscriber terminals of a cable system must comply
   with the provisions of part 15 of this Chapter for TV interface
   devices.

   (w) System noise. That combination of undesired and fluctuating
   disturbances within a cable television channel that degrades the
   transmission of the desired signal and that is due to modulation
   processes or thermal or other noise-producing effects, but does not
   include hum and other undesired signals of discrete frequency. System
   noise is specified in terms of its rms voltage or its mean power level
   as measured in the 4 MHz bandwidth between 1.25 and 5.25 MHz above the
   lower channel boundary of a cable television channel.

   (x) Terminal isolation. The attenuation, at any subscriber terminal,
   between that terminal and any other subscriber terminal in the cable
   television system.

   (y) Visual signal level. The rms voltage produced by the visual signal
   during the transmission of synchronizing pulses.

   (z) Affiliate. When used in relation to any person, another person who
   owns or controls, is owned or controlled by, or is under common
   ownership or control with, such person.

   (aa) Person. An individual, partnership, association, joint stock
   company, trust, corporation, or governmental entity.

   (bb) Significant interest. A cognizable interest for attributing
   interests in broadcast, cable, and newspaper properties pursuant to
   § §  73.3555, 73.3615, and 76.501.

   (cc) Cable system operator. Any person or group of persons (1) who
   provides cable service over a cable system and directly or through one
   or more affiliates owns a significant interest in such cable system; or
   (2) who otherwise controls or is responsible for, through any
   arrangement, the management and operation of such a cable system.

   (dd) System community unit: Community unit. A cable television system,
   or portion of a cable television system, that operates or will operate
   within a separate and distinct community or municipal entity (including
   unincorporated communities within unincorporated areas and including
   single, discrete unincorporated areas).

   (ee) Subscribers. (1) As used in the context of cable service,
   subscriber or cable subscriber means a member of the general public who
   receives broadcast programming distributed by a cable television system
   and does not further distribute it.

   (2) As used in the context of satellite service, subscriber or
   satellite subscriber means a person who receives a secondary
   transmission service from a satellite carrier and pays a fee for the
   service, directly or indirectly, to the satellite carrier or to a
   distributor.

   (ff) Cable service. The one-way transmission to subscribers of video
   programming, or other programming service; and, subscriber interaction,
   if any, which is required for the selection or use of such video
   programming or other programming service. For the purposes of this
   definition, "video programming" is programming provided by, or
   generally considered comparable to programming provided by, a
   television broadcast station; and, "other programming service" is
   information that a cable operator makes available to all subscribers
   generally.

   (gg) Satellite community. A separate and distinct community or
   municipal entity (including unincorporated communities within
   unincorporated areas and including single, discrete unincorporated
   areas). The boundaries of any such unincorporated community may be
   defined by one or more adjacent five-digit zip code areas. Satellite
   communities apply only in areas in which there is no pre-existing cable
   community, as defined in 76.5(dd).

   (hh) Input selector switch. Any device that enables a viewer to select
   between cable service and off-the-air television signals. Such a device
   may be more sophisticated than a mere two-sided switch, may utilize
   other cable interface equipment, and may be built into consumer
   television receivers.

   (ii) A syndicated program is any program sold, licensed, distributed or
   offered to television station licensees in more than one market within
   the United States other than as network programming as defined in
   §  76.5(m).

   (jj) Rural area. A community unit with a density of less than 19
   households per route kilometer or thirty households per route mile of
   coaxial and/or fiber optic cable trunk and feeder line.

   (kk) Technically integrated. Having 75% or more of the video channels
   received from a common headend.

   (ll) Cable home wiring. The internal wiring contained within the
   premises of a subscriber which begins at the demarcation point. Cable
   home wiring includes passive splitters on the subscriber's side of the
   demarcation point, but does not include any active elements such as
   amplifiers, converter or decoder boxes, or remote control units.

   (mm) Demarcation point. (1) For new and existing single unit
   installations, the demarcation point shall be a point at (or about)
   twelve inches outside of where the cable wire enters the subscriber's
   premises.

   (2) For new and existing multiple dwelling unit installations with
   non-loop-through wiring configurations, the demarcation point shall be
   a point at (or about) twelve inches outside of where the cable wire
   enters the subscriber's dwelling unit, or, where the wire is physically
   inaccessible at such point, the closest practicable point thereto that
   does not require access to the individual subscriber's dwelling unit.

   (3) For new and existing multiple dwelling unit installations with
   loop-through wiring configurations, the demarcation points shall be at
   (or about) twelve inches outside of where the cable wire enters or
   exits the first and last individual dwelling units on the loop, or,
   where the wire is physically inaccessible at such point(s), the closest
   practicable point thereto that does not require access to an individual
   subscriber's dwelling unit.

   (4) As used in this paragraph (mm)(3), the term "physically
   inaccessible" describes a location that:

   (i) Would require significant modification of, or significant damage
   to, preexisting structural elements, and

   (ii) Would add significantly to the physical difficulty and/or cost of
   accessing the subscriber's home wiring.

   Note to §  76.5 paragraph ( mm )(4): For example, wiring embedded in
   brick, metal conduit, cinder blocks, or sheet rock with limited or
   without access openings would likely be physically inaccessible; wiring
   enclosed within hallway molding would not.

   (nn) Activated channels. Those channels engineered at the headend of a
   cable system for the provision of services generally available to
   residential subscribers of the cable system, regardless of whether such
   services actually are provided, including any channel designated for
   public, educational or governmental use.

   (oo) Usable activated channels. Those activated channels of a cable
   system, except those channels whose use for the distribution of
   broadcast signals would conflict with technical and safety regulations.
   See part 76, subpart K.

   (pp) Principal headend. (1) The headend, in the case of a cable system
   with a single headend or,

   (2) In the case of a cable system with more than one headend, the
   principal headend designated by the cable operator, except that such
   designation shall not undermine or evade the requirements of subpart D
   of this part. The designation of a principal headend shall be made by
   May 3, 1993, and each cable system shall place in its public file the
   location of its designated principal headend by June 17, 1993, as
   provided in §  76.1708. Except for good cause, an operator may not
   change its choice of principal headend.

   (qq) Emergency Alert System (EAS). The EAS is composed of broadcast
   networks; cable networks and program suppliers; AM, FM and TV broadcast
   stations; Low Power TV (LPTV) stations; cable systems and wireless
   cable systems; and other entities and industries operating on an
   organized basis during emergencies at the National, State, or local
   levels.

   [ 37 FR 3278 , Feb. 12, 1972]

   Editorial Note: For Federal Register citations affecting §  76.5, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.fdsys.gov .

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