DINF Web Posted on December 16, 1997

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§ 522. Definitions

For purposes of this subchapter -

• (1) the term "activated channels" means 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;
• (2) the term "affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person;
• (3) the term "basic cable service" means any service tier which includes the retransmission of local television broadcast signals;
• (4) the term "cable channel" or "channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation);
• (5) the term "cable operator" means any person or group of persons (A) 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 (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
• (6) the term "cable service" means -
  • (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and
  • (B) subscriber interaction, if any, which is required for the selection of such video programming or other programming service;
• (7) the term "cable system" means 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 (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves only subscribers in 1 or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of this chapter, except that such facility shall be considered a cable system (other than for purposes of section 541(c) of this title) to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility system;
• (8) the term "Federal agency" means any agency of the United States, including the Commission;
• (9) the term "franchise" means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 546 of this title), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system;
• (10) the term "franchising authority" means any governmental entity empowered by Federal, State, or local law to grant a franchise;
• (11) the term "grade B contour" means the field strength of a television broadcast station computed in accordance with regulations promulgated by the Commission;
• (12) the term "multichannel video programming distributor" means a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming;
• (13) the term "other programming service" means information that a cable operator makes available to all subscribers generally;
• (14) the term "person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity;
• (15) the term "public, educational, or governmental access facilities" means -
  • (A) channel capacity designated for public, educational, or governmental use; and
  • (B) facilities and equipment for the use of such channel capacity;
• (16) the term "service tier" means a category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator;
• (17) the term "State" means any State, or political subdivision, or agency thereof;
• (18) the term "usable activated channels" means activated channels of a cable system, except those channels whose use for the distribution of broadcast signals would conflict with technical and safety regulations as determined by the Commission; and
• (19) the term "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

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