§ 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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