[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR76.5]



[Page 547-551]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents

 

                            Subpart A_General

 

Sec. 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 Sec. 73.606 or Sec. 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 Sec. Sec. 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 Sec. 73.606.

    (c) Television translator station. A television broadcast translator 

station as defined in Sec. 74.701 of this chapter.

    (d) Grade A and Grade B contours. The field intensity contours 

defined in Sec. 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 Sec. 76.53. A 

television broadcast station that is authorized but not operating has a 

specified zone that terminates eighteen (18) months



[[Page 548]]



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 Sec. 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 Sec. 76.51.

    (h) Smaller television market. The specified zone of a commercial 

television station licensed to a community that is not listed in Sec. 

76.51.

    (i) Significantly viewed. Viewed in other than cable television 

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 Sec. 76.54.



    Note: As used in this paragraph, ``share of viewing hours'' means 

the total hours that noncable 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 noncable television households that 

viewed the station for 5 minutes or more during the entire week, 

expressed as a percentage of the total noncable 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



[[Page 549]]



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



[[Page 550]]



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 

Sec. Sec. 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. A member of the general public who receives 

broadcast programming distributed by a cable television system and does 

not further distribute it.

    (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) [Reserved]

    (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 

Sec. 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,



[[Page 551]]



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 Sec. 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 Sec. 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 Sec. 76.5, 

see the List of CFR Sections Affected which appears in the Finding Aids 

section of the printed volume and on GPO Access.



    Effective Date Note: At 61 FR 6137, Feb. 16, 1996, in Sec. 76.5, 

paragraph (ll) was revised. This paragraph contains information 

collection and recordkeeping requirements and will not become effective 

until approval has been given by the Office of Management and Budget.