Page:United States Statutes at Large Volume 98 Part 3.djvu/409

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-549—OCT. 30, 1984 "(6) 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 title II of this Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c)) 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 systems; "(7) the term 'Federal agency' means any agency of the United States, including the Commission; "(8) the term 'franchise' means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 626), 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; "(9) the term 'franchising authority' means any governmental entity empowered by Federal, State, or local law to grant a franchise; "(10) the term 'grade B contour' means the field strength of a television broadcast station computed in accordance with regulations promulgated by the Commission; "(11) the term 'other programming service' means information that a cable operator makes available to all subscribers generally; "(12) the term 'person' means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity; "(13) 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; "(14) 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; "(15) the term 'State' means any State, or political subdivision, or agency thereof; and "(16) the term 'video programming' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

98 STAT. 2781