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U.S. Code as of:
01/19/04
Section 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 or use 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 subscribers
without using 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, unless
the extent of such use is solely to provide interactive on-demand
services; (D) an open video system that complies with section 573
of this title; or (E) 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 "interactive on-demand services" means a service
providing video programming to subscribers over switched networks
on an on-demand, point-to-point basis, but does not include
services providing video programming prescheduled by the
programming provider;
(13) 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;
(14) the term "other programming service" means information
that a cable operator makes available to all subscribers
generally;
(15) the term "person" means an individual, partnership,
association, joint stock company, trust, corporation, or
governmental entity;
(16) 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;
(17) 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;
(18) the term "State" means any State, or political
subdivision, or agency thereof;
(19) 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
(20) the term "video programming" means programming provided
by, or generally considered comparable to programming provided
by, a television broadcast station.
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