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 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 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 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. (1) As used in the context of cable service, subscriber or
   cable subscriber means a member of the general public who receives broadcast
   programming distributed by a cable television system and does not further
   distribute it.

   (2) As used in the context of satellite service, subscriber or satellite
   subscriber means a person who receives a secondary transmission service from
   a satellite carrier and pays a fee for the service, directly or indirectly,
   to the satellite carrier or to a distributor.

   (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) Satellite community. A separate and distinct community or municipal
   entity (including unincorporated communities within unincorporated areas and
   including single, discrete unincorporated areas). The boundaries of any such
   unincorporated community may be defined by one or more adjacent five-digit
   zip code areas. Satellite communities apply only in areas in which there is
   no pre-existing cable community, as defined in 76.5(dd).

   (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,  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.