§ 76.1000   Definitions.

   As used in this subpart:

   (a) Area served by cable system. The term “area served” by a cable system
   means an area actually passed by a cable system and which can be connected
   for a standard connection fee.

   (b)  Cognizable interests. In applying the provisions of this subpart,
   ownership  and  other  interests  in  cable operators, satellite cable
   programming vendors, satellite broadcast programming vendors, or terrestrial
   cable  programming vendors will be attributed to their holders and may
   subject the interest holders to the rules of this subpart. Cognizable and
   attributable interests shall be defined by reference to the criteria set
   forth in Notes 1 through 5 to § 76.501 provided, however, that:

   (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f)
   shall not apply; and

   (2) The provisions of Note 2(a) regarding five (5) percent interests shall
   include  all  voting  or nonvoting stock or limited partnership equity
   interests of five (5) percent or more.

   (c) Buying groups. The term “buying group” or “agent,” for purposes of the
   definition of a multichannel video programming distributor set forth in
   paragraph (e) of this section, means an entity representing the interests of
   more than one entity distributing multichannel video programming that:

   (1) Agrees to be financially liable for any fees due pursuant to a satellite
   cable programming, satellite broadcast programming, or terrestrial cable
   programming  contract  which  it  signs  as  a  contracting party as a
   representative of its members or whose members, as contracting parties,
   agree to joint and several liability; and

   (2) Agrees to uniform billing and standardized contract provisions for
   individual members; and

   (3) Agrees either collectively or individually on reasonable technical
   quality standards for the individual members of the group.

   (d) Competing distributors. The term “competing,” as used with respect to
   competing multichannel video programming distributors, means distributors
   whose actual or proposed service areas overlap.

   (e) Multichannel video programming distributor. The term “multichannel video
   programming distributor” means an entity engaged in the business of making
   available for purchase, by subscribers or customers, multiple channels of
   video programming. Such entities include, but are not limited to, a cable
   operator,  a BRS/EBS provider, a direct broadcast satellite service, a
   television receive-only satellite program distributor, and a satellite
   master antenna television system operator, as well as buying groups or
   agents of all such entities.

   Note to paragraph (e): A video programming provider that provides more than
   one channel of video programming on an open video system is a multichannel
   video programming distributor for purposes of this subpart O and Section
   76.1507.

   (f)  Satellite  broadcast  programming.  The term “satellite broadcast
   programming” means broadcast video programming when such programming is
   retransmitted by satellite and the entity retransmitting such programming is
   not the broadcaster or an entity performing such retransmission on behalf of
   and with the specific consent of the broadcaster.

   (g) Satellite broadcast programming vendor. The term “satellite broadcast
   programming vendor” means a fixed service satellite carrier that provides
   service  pursuant to section 119 of title 17, United States Code, with
   respect to satellite broadcast programming.

   (h) Satellite cable programming. The term “satellite cable programming”
   means video programming which is transmitted via satellite and which is
   primarily  intended  for  direct  receipt by cable operators for their
   retransmission to cable subscribers, except that such term does not include
   satellite broadcast programming.

   Note to paragraph (h): Satellite programming which is primarily intended for
   the direct receipt by open video system operators for their retransmission
   to open video system subscribers shall be included within the definition of
   satellite cable programming.

   (i)  Satellite  cable  programming  vendor.  The term “satellite cable
   programming vendor” means a person engaged in the production, creation, or
   wholesale distribution for sale of satellite cable programming, but does not
   include a satellite broadcast programming vendor.

   (j)  Similarly  situated. The term “similarly situated” means, for the
   purposes  of evaluating alternative programming contracts offered by a
   defendant programming vendor or by a terrestrial cable programming vendor
   alleged to have engaged in conduct described in § 76.1001(b)(1)(ii), that an
   alternative multichannel video programming distributor has been identified
   by the defendant as being more properly compared to the complainant in order
   to determine whether a violation of § 76.1001(a) or § 76.1002(b) has occurred.
   The  analysis of whether an alternative multichannel video programming
   distributor is properly comparable to the complainant includes consideration
   of,  but  is  not  limited to, such factors as whether the alternative
   multichannel video programming distributor operates within a geographic
   region  proximate  to  the complainant, has roughly the same number of
   subscribers as the complainant, and purchases a similar service as the
   complainant. Such alternative multichannel video programming distributor,
   however,  must use the same distribution technology as the “competing”
   distributor with whom the complainant seeks to compare itself.

   (k) Subdistribution agreement. The term “subdistribution agreement” means an
   arrangement  by  which  a local cable operator is given the right by a
   satellite cable programming vendor or satellite broadcast programming vendor
   to distribute the vendor's programming to competing multichannel video
   programming distributors.

   (l)   Terrestrial  cable  programming.  The  term  “terrestrial  cable
   programming” means video programming which is transmitted terrestrially or
   by any means other than satellite and which is primarily intended for direct
   receipt by cable operators for their retransmission to cable subscribers,
   except that such term does not include satellite broadcast programming or
   satellite cable programming.

   (m)  Terrestrial cable programming vendor. The term “terrestrial cable
   programming vendor” means a person engaged in the production, creation, or
   wholesale distribution for sale of terrestrial cable programming, but does
   not include a satellite broadcast programming vendor or a satellite cable
   programming vendor.

   [ 58 FR 27670 , May 11, 1993, as amended at  61 FR 28708 , June 5, 1996;  64 FR 67197 , Dec. 1, 1999;  69 FR 72046 , Dec. 10, 2004;  75 FR 9723 , Mar. 3, 2010]

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