Part Definitions

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As used in this part, unless the context otherwise requires:

  1. “Cable service” means:
    1. The one-way transmission to subscribers of video programming or other programming service; and
    2. Subscriber interaction, if any, that is required for the selection of such video programming or other programming service;
  2. “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 that includes video programming and that is provided to multiple subscribers within a community; but “cable system” does not include:
    1. A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
    2. A facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way;
    3. A facility of a common carrier, 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; or
    4. Any facilities of any electric utility used solely for operating its electric utility system;
  3. “Franchise” means an initial authorization or renewal of an authorization issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system;
  4. “Franchising authority” means any governmental entity empowered by federal, state, or local law to grant a franchise;
  5. “Person” means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity; and
  6. “Video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable system.


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