§  76.1902   Definitions.

   (a) Commercial advertising messages shall mean, with respect to any
   service, program, or schedule or group of programs, commercial
   advertising messages other than:

   (1) Advertising relating to such service itself or the programming
   contained therein,

   (2) Interstitial programming relating to such service itself or the
   programming contained therein, or

   (3) Any advertising which is displayed concurrently with the display of
   any part of such program(s), including but not limited to “bugs,”
   “frames” and “banners.”

   (b) Commercial audiovisual content shall mean works that consist of a
   series of related images which are intrinsically intended to be shown
   by the use of machines, or devices such as projectors, viewers, or
   electronic equipment, together with accompanying sounds, if any,
   regardless of the nature of the material objects, such as films or
   tapes, in which the works are embodied, transmitted by a covered entity
   and that are:

   (1) Not created by the user of a covered product, and

   (2) Offered for transmission, either generally or on demand, to
   subscribers or purchasers or the public at large or otherwise for
   commercial purposes, not uniquely to an individual or a small, private
   group.

   (c) Commercially adopted access control method shall mean any
   commercially adopted access control method including digitally
   controlled analog scrambling systems, whether now or hereafter in
   commercial use.

   (d) Copy never shall mean, with respect to commercial audiovisual
   content, the encoding of such content so as to signal that such content
   may not to be copied by a covered product.

   (e) Copy one generation shall mean, with respect to commercial
   audiovisual content, the encoding of such content so as to permit a
   first generation of copies to be made by a covered product but not
   copies of such first generation of copies.

   (f) Copy no more shall mean, with respect to commercial audiovisual
   content, the encoding of such content so as to reflect that such
   content is a first generation copy of content encoded as copy one
   generation and no further copies are permitted.

   (g) Covered product shall mean a device used by consumers to access
   commercial audiovisual content offered by a covered entity (excluding
   delivery via cable modem or the Internet); and any device to which
   commercial audiovisual content so delivered from such covered product
   may be passed, directly or indirectly.

   (h) Covered entity shall mean any entity that is subject to this
   subpart.

   (i) Defined business model shall mean video-on-demand, pay-per view,
   pay television transmission, non-premium subscription television, free
   conditional access delivery and unencrypted broadcast television.

   (j) Encode shall mean, in the transmission of commercial audiovisual
   content, to pass, attach, embed, or otherwise apply to, associate with,
   or allow to persist in or remain associated with such content, data or
   information which when read or responded to in a covered device has the
   effect of preventing, pausing, or limiting copying, or constraining the
   resolution of a program when output from the covered device.

   (k) Encoding rules shall mean the requirements or prohibitions
   describing or limiting encoding of audiovisual content as set forth in
   this subpart.

   (l) Free conditional access delivery shall mean a delivery of a
   service, program, or schedule or group of programs via a
   commercially-adopted access control method, where viewers are not
   charged any fee (other than government-mandated fees) for the reception
   or viewing of the programming contained therein, other than unencrypted
   broadcast television.

   (m) Non-premium subscription television shall mean a service, or
   schedule or group of programs (which may be offered for sale together
   with other services, or schedule or group of programs), for which
   subscribers are charged a subscription fee for the reception or viewing
   of the programming contained therein, other than pay television,
   subscription-on-demand and unencrypted broadcast television. By way of
   example, “basic cable service” and “extended basic cable service”
   (other than unencrypted broadcast television) are “non-premium
   subscription television.”

   (n) Pay-per-view shall mean a delivery of a single program or a
   specified group of programs, as to which each such single program is
   generally uninterrupted by commercial advertising messages and for
   which recipients are charged a separate fee for each program or
   specified group of programs. The term pay-per-view shall also include
   delivery of a single program for which multiple start times are made
   available at time intervals which are less than the running time of
   such program as a whole. If a given delivery qualifies both as
   pay-per-view and a pay television transmission, then, for purposes of
   this subpart, such delivery shall be deemed pay-per-view rather than a
   pay television transmission.

   (o) Pay television transmission shall mean a transmission of a service
   or schedule of programs, as to which each individual program is
   generally uninterrupted by commercial advertising messages and for
   which service or schedule of programs subscribing viewers are charged a
   periodic subscription fee, such as on a monthly basis, for the
   reception of such programming delivered by such service whether
   separately or together with other services or programming, during the
   specified viewing period covered by such fee. If a given delivery
   qualifies both as a pay television transmission and pay-per-view,
   video-on-demand, or subscription-on-demand then, for purposes of this
   subpart, such delivery shall be deemed pay-per-view, video-on-demand or
   subscription-on-demand rather than a pay television transmission.

   (p) Program shall mean any work of commercial audiovisual content.

   (q) Subscription-on-demand shall mean the delivery of a single program
   or a specified group of programs for which:

   (1) A subscriber is able, at his or her discretion, to select the time
   for commencement of exhibition thereof,

   (2) Where each such single program is generally uninterrupted by
   commercial advertising messages; and

   (3) For which program or specified group of programs subscribing
   viewers are charged a periodic subscription fee for the reception of
   programming delivered by such service during the specified viewing
   period covered by the fee. In the event a given delivery of a program
   qualifies both as a pay television transmission and
   subscription-on-demand, then for purposes of this subpart, such
   delivery shall be deemed subscription-on-demand rather than a pay
   television transmission.

   (r) Undefined business model shall mean a business model that does not
   fall within the definition of a defined business model.

   (s) Unencrypted broadcast television means any service, program, or
   schedule or group of programs, that is a substantially simultaneous
   retransmission of a broadcast transmission (i.e., an over-the-air
   transmission for reception by the general public using radio
   frequencies allocated for that purpose) that is made by a terrestrial
   television broadcast station located within the country or territory in
   which the entity retransmitting such broadcast transmission also is
   located, where such broadcast transmission is not subject to a
   commercially-adopted access control method (e.g., is broadcast in the
   clear to members of the public receiving such broadcasts), regardless
   of whether such entity subjects such retransmission to an access
   control method.

   (t) Video-on-demand shall mean a delivery of a single program or a
   specified group of programs for which:

   (1) Each such individual program is generally uninterrupted by
   commercial advertising messages;

   (2) Recipients are charged a separate fee for each such single program
   or specified group of programs; and

   (3) A recipient is able, at his or her discretion, to select the time
   for commencement of exhibition of such individual program or specified
   group of programs. In the event a delivery qualifies as both
   video-on-demand and a pay television transmission, then for purposes of
   this subpart, such delivery shall be deemed video-on-demand.

   [ 68 FR 66735 , Nov. 28, 2003, as amended at  69 FR 4082 , Jan. 28, 2004;
    76 FR 40280 , July 8, 2011]