US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 47USC522]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
                       Part I--General Provisions
 
Sec. 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.

(June 19, 1934, ch. 652, title VI, Sec. 602, as added Pub. L. 98-549, 
Sec. 2, Oct. 30, 1984, 98 Stat. 2780; amended Pub. L. 102-385, 
Sec. 2(c), Oct. 5, 1992, 106 Stat. 1463; Pub. L. 104-104, title III, 
Secs. 301(a), 302(b)(2), Feb. 8, 1996, 110 Stat. 114, 124.)


                               Amendments

    1996--Par. (6)(B). Pub. L. 104-104, Sec. 301(a)(1), inserted ``or 
use'' after ``the selection''.
    Par. (7)(B). Pub. L. 104-104, Sec. 301(a)(2), added subpar. (B) and 
struck out former subpar. (B) which read as follows: ``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;''.
    Par. (7)(C) to (E). Pub. L. 104-104, Sec. 302(b)(2)(A), which 
directed substitution of ``, 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)'' for ``, or (D)'', was 
executed by making the substitution for ``; or (D)'' to reflect the 
probable intent of Congress.
    Pars. (12) to (20). Pub. L. 104-104, Sec. 302(b)(2)(B), (C), added 
par. (12) and redesignated former pars. (12) to (19) as (13) to (20), 
respectively.
    1992--Pub. L. 102-385 added pars. (1), (12), and (18) and 
redesignated former pars. (1) to (10) as (2) to (11), respectively, 
former pars. (11) to (15) as (13) to (17), respectively, and former par. 
(16) as (19).


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-385 effective 60 days after Oct. 5, 1992, 
see section 28 of Pub. L. 102-385, set out as a note under section 325 
of this title.


                             Effective Date

    Section effective 60 days after Oct. 30, 1984, except where 
otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set 
out as a note under section 521 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 153, 271, 303a, 309, 551, 
554, 571 of this title; title 17 sections 114, 1202.