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This entry was published on 2014-09-22
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SECTION 212
Definitions
Public Service (PBS) CHAPTER 48, ARTICLE 11
§ 212. Definitions. The words and phrases used in this article shall
have the following meanings unless a different meaning clearly appears
in the context.

1. "Cable television company," shall mean any person owning,
controlling, operating, managing or leasing one or more cable television
systems within the state.

2. "Cable television system" shall mean any system which operates for
hire the service of receiving and amplifying programs broadcast by one
or more television or radio stations or any other programs originated by
a cable television company or by any other party, and distributing such
programs by wire, cable, microwave or other means, whether such means
are owned or leased, to persons in one or more municipalities who
subscribe to such service. Such definition does not include: (a) any
system which serves fewer than fifty subscribers; or (b) any master
antenna television system.

3. "Franchise" shall mean and include any authorization granted by a
municipality in terms of a franchise, privilege, permit, license or
other municipal authorization to construct, operate, maintain, or manage
a cable television system in any municipality.

4. "Gross annual receipts" shall mean any and all compensation
received directly or indirectly by a cable television company from its
operations within the state, including but not limited to sums received
from subscribers or users in payment for programs received and/or
transmitted, advertising and carrier service revenue and any other
moneys that constitute income in accordance with the system of accounts
approved by the commission.

Gross annual receipts shall not include any taxes on services
furnished by a cable television company imposed directly on any
subscriber or user by any municipality, state, or other governmental
unit and collected by the company for such governmental unit.

5. "Master antenna television system" shall mean any system which
serves only the residents of one or more apartment dwellings under
common ownership, control or management, unless such system uses
facilities located in a public right of way to provide service.

6. "Municipality" shall mean any village, town, city or county not
wholly contained within a city in the state.

7. "State agency" shall mean any office, department, board,
commission, bureau, division, public corporation, agency or
instrumentality of the state.

8. "Person" shall mean any individual, trustee, partnership,
association, corporation or other legal entity.

9. "Program" shall mean any broadcast type program, signal, message,
graphics, data, or communication content service.

10. "Downgrade" shall mean a change in service initiated by the
subscriber to a less expensive service tier than the one currently
subscribed to.

11. "Network" shall mean a group of programs distributed, packaged,
promoted or sold to subscribers as the offering of a single entity,
including but not limited to, a channel or station.

12. "Service tier" shall mean a category of cable television services
or other services provided by a cable television company and for which a
rate or fee is charged by the cable television company, including, but
not limited to, basic services, premium networks or services, recurring
pay-per-view services and other categories of cable services for which
there are additional charges.

13. "Network change" shall mean the removal of a network from a
service tier whether or not added to another tier or a substantial
alteration of the character of a network by a cable television company
or an affiliate it controls. Notwithstanding the foregoing, the addition
of a network to a service tier for promotional purposes where such
purpose is clearly disclosed to the subscriber and is for a period of
time not exceeding thirty-one days, the subsequent deletion of such
network after the termination of the promotion, shall not be a "network
change".

14. "Significant programming change" shall mean the removal or
alteration of recurring programming which materially changes the quality
or level of programming on a network, provided however, such term shall
not include deletions of programs mandated by the regulations of the
federal communications commission, nor shall it include deletions of
programs that are distributed by the cable television company in lieu of
such programs deleted pursuant to such regulations of the federal
communications commission.