r/title-47-TELECOMMUNICATIONS wiki — defined terms

“public institutional telecommunications user” applies in that section

The term “public institutional telecommunications user” means an elementary or secondary school, a library, or a health care provider as those terms are defined in this paragraph. (D) Minor

“sexual act” applies in that section

The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18 . (I) Technology protection measure

“sexual contact” applies in that section

The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18 . (I) Technology protection measure

“technology protection measure” applies in that section

The term “technology protection measure” means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (5) or (6) to which such certification relates. (i) Consumer protection The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable. (j) Lifeline assistance Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title.

“disability” applies in that section

The term “disability” has the meaning given to it by section 12102(2)(A) 1 of title 42. (2) Readily achievable

“readily achievable” applies in that section

The term “readily achievable” has the meaning given to it by section 12181(9) of title 42 . (b) Manufacturing A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. (c) Telecommunications services A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable.

“public telecommunications network interconnectivity” applies in that section

the term “public telecommunications network interconnectivity” means the ability of two or more public telecommunications networks used to provide telecommunications service to communicate and exchange information without degeneration, and to interact in concert with one another.

“qualifying carrier” applies in that section

the term “qualifying carrier” means a telecommunications carrier that— (1) lacks economies of scale or scope, as determined in accordance with regulations prescribed by the Commission pursuant to this section; and (2) offers telephone exchange service, exchange access, and any other service that is included in universal service, to all consumers without preference throughout the service area for which such carrier has been designated as an eligible telecommunications carrier under section 214(e) of this title .

“telemessaging service” applies in that section

the term “telemessaging service” means voice mail and voice storage and retrieval services, any live operator services used to record, transcribe, or relay messages (other than telecommunications relay services), and any ancillary services offered in combination with these services.

“covered provider” applies in that section

The term “covered provider” has the meaning given the term in section 64.2101 of title 47, Code of Federal Regulations, or any successor thereto. (2) Covered voice communication

“covered voice communication” applies in that section

The term “covered voice communication” means a voice communication (including any related signaling information) that is generated— (A) from the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource; and (B) through any service provided by a covered provider. (3) Intermediate provider

“intermediate provider” applies in that section

The term “intermediate provider” means any entity that— (A) enters into a business arrangement with a covered provider or other intermediate provider for the specific purpose of carrying, routing, or transmitting voice traffic that is generated from the placement of a call placed— (i) from an end user connection using a North American Numbering Plan resource; or (ii) to an end user connection using such a numbering resource; and (B) does not itself, either directly or in conjunction with an affiliate, serve as a covered provider in the context of originating or terminating a given call.

“audio programming services” applies in that section

The term “audio programming services” means programming provided by, or generally considered to be comparable to programming provided by, a radio broadcast station. (3) Video programming services; other programming services

“in-region State” applies in that section

The term “in-region State” means a State in which a Bell operating company or any of its affiliates was authorized to provide wireline telephone exchange service pursuant to the reorganization plan approved under the AT&T Consent Decree, as in effect on the day before February 8, 1996 . (2) Audio programming services

“incidental interLATA services” applies in that section

the term “incidental interLATA services” means the interLATA provision by a Bell operating company or its affiliate— (1) (A) of audio programming, video programming, or other programming services to subscribers to such services of such company or affiliate; (B) of the capability for interaction by such subscribers to select or respond to such audio programming, video programming, or other programming services; (C) to distributors of audio programming or video programming that such company or affiliate owns or controls, or is licensed by the copyright owner of such programming (or by an assignee of such owner) to distribute; or (D) of alarm monitoring services; (2) of two-way interactive …

“other programming services” applies in that section

The terms “video programming service” and “other programming services” have the same meanings as such terms have under section 522 of this title . (j) Certain service applications treated as in-region service applications For purposes of this section, a Bell operating company application to provide 800 service, private line service, or their equivalents that— (1) terminate in an in-region State of that Bell operating company, and (2) allow the called party to determine the interLATA carrier, shall be considered an in-region service subject to the requirements of subsection (b)(1).

“video programming service” applies in that section

The terms “video programming service” and “other programming services” have the same meanings as such terms have under section 522 of this title . (j) Certain service applications treated as in-region service applications For purposes of this section, a Bell operating company application to provide 800 service, private line service, or their equivalents that— (1) terminate in an in-region State of that Bell operating company, and (2) allow the called party to determine the interLATA carrier, shall be considered an in-region service subject to the requirements of subsection (b)(1).

“accredited standards development organization” applies in that section

The term “accredited standards development organization” means an entity composed of industry members which has been accredited by an institution vested with the responsibility for standards accreditation by the industry.

“certification” applies in that section

The term “certification” means any technical process whereby a party determines whether a product, for use by more than one local exchange carrier, conforms with the specified requirements pertaining to such product.;

“generic requirement” applies in that section

The term “generic requirement” means a description of acceptable product attributes for use by local exchange carriers in establishing product specifications for the purchase of telecommunications equipment, customer premises equipment, and software integral thereto.;

“industry-wide” applies in that section

The term “industry-wide” means activities funded by or performed on behalf of local exchange carriers for use in providing wireline telephone exchange service whose combined total of deployed access lines in the United States constitutes at least 30 percent of all access lines deployed by telecommunications carriers in the United States as of February 8, 1996 .;

“manufacturing” applies in that section

the term “manufacturing” has the same meaning as such term has under the AT&T Consent Decree.

“affiliate” applies in that section

The term “affiliate” means any entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, a Bell operating company. Such term shall not include a separated affiliate.;

“basic telephone service” applies in that section

The term “basic telephone service” means any wireline telephone exchange service, or wireline telephone exchange service facility, provided by a Bell operating company in a telephone exchange area, except that such term does not include— (A) a competitive wireline telephone exchange service provided in a telephone exchange area where another entity provides a wireline telephone exchange service that was provided on January 1, 1984 , or (B) a commercial mobile service.;

“basic telephone service information” applies in that section

The term “basic telephone service information” means network and customer information of a Bell operating company and other information acquired by a Bell operating company as a result of its engaging in the provision of basic telephone service.;

“Bell operating company” applies in that section

The term “Bell operating company” has the meaning provided in section 153 of this title , except that such term includes any entity or corporation that is owned or controlled by such a company (as so defined) but does not include an electronic publishing joint venture owned by such an entity or corporation.

“control” applies in that section

The term “control” has the meaning that it has in 17 C.F.R. 240.12b–2, the regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq.) or any successor provision to such section.;

“electronic publishing” applies in that section

The term “electronic publishing” means the dissemination, provision, publication, or sale to an unaffiliated entity or person, of any one or more of the following: news (including sports); entertainment (other than interactive games); business, financial, legal, consumer, or credit materials; editorials, columns, or features; advertising; photos or images; archival or research material; legal notices or public records; scientific, educational, instructional, technical, professional, trade, or other literary materials; or other like or similar information.

“electronic publishing joint venture” applies in that section

The term “electronic publishing joint venture” means a joint venture owned by a Bell operating company or affiliate that engages in the provision of electronic publishing which is disseminated by means of such Bell operating company’s or any of its affiliates’ basic telephone service.;

“entity” applies in that section

The term “entity” means any organization, and includes corporations, partnerships, sole proprietorships, associations, and joint ventures.;

“inbound telemarketing” applies in that section

The term “inbound telemarketing” means the marketing of property, goods, or services by telephone to a customer or potential customer who initiated the call. (8) The term “own” with respect to an entity means to have a direct or indirect equity interest (or the equivalent thereof) of more than 10 percent of an entity, or the right to more than 10 percent of the gross revenues of an entity under a revenue sharing or royalty agreement.;

“separated affiliate” applies in that section

The term “separated affiliate” means a corporation under common ownership or control with a Bell operating company that does not own or control a Bell operating company and is not owned or controlled by a Bell operating company and that engages in the provision of electronic publishing which is disseminated by means of such Bell operating company’s or any of its affiliates’ basic telephone service.;

“alarm monitoring service” applies in that section

The term “alarm monitoring service” means a service that uses a device located at a residence, place of business, or other fixed premises— (1) to receive signals from other devices located at or about such premises regarding a possible threat at such premises to life, safety, or property, from burglary, fire, vandalism, bodily injury, or other emergency, and (2) to transmit a signal regarding such threat by means of transmission facilities of a local exchange carrier or one of its affiliates to a remote monitoring center to alert a person at such center of the need to inform the customer or another person or police, fire, rescue, security, or public safety personnel of such threat, but does …

“payphone service” applies in that section

the term “payphone service” means the provision of public or semi-public pay telephones, the provision of inmate telephone service and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title in correctional institutions, and any ancillary services.

“direct-to-home satellite services” applies in that section

the term “direct-to-home satellite services” means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite. (w) Omitted.

“commercial television broadcast licensee” applies in that section

the term “commercial television broadcast licensee” includes a cable operator, as defined in section 522 of this title .

“antitrust laws” applies in that section

the term “antitrust laws” has the meaning given it in subsection (a) of section 12 of title 15 , except that such term includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competition;

“person in the television industry” applies in that section

the term “person in the television industry” means a television network, any entity which produces programming (including theatrical motion pictures) for telecasting or telecasts programming, the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, the Community Antenna Television Association, and each of the networks’ affiliate organizations, and shall include any individual acting on behalf of such person; and;

“telecast” applies in that section

the term “telecast” means— (A) to broadcast by a television broadcast station; or (B) to transmit by a cable television system or a satellite television distribution service. (c) Exemption The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to alleviate the negative impact of violence in telecast material. (d) Limitations (1) The exemption provided in subsection (c) shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person.

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (I) the Committee on Commerce, Science, and Transportation of the Senate; (II) the Committee on Appropriations of the Senate; (III) the Committee on Energy and Commerce of the House of Representatives; and (IV) the Committee on Appropriations of the House of Representatives.

“media of mass communications” applies in that section

The term “media of mass communications” includes television, radio, cable television, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be substantially devoted toward providing programming or other information services within the editorial control of the licensee.;

“minority group” applies in that section

The term “minority group” includes Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders. (4) (A) The Commission shall, after notice and opportunity for hearing, prescribe rules establishing a system of random selection for use by the Commission under this subsection in any instance in which the Commission, in its discretion, determines that such use is appropriate for the granting of any license or permit in accordance with paragraph (1). (B) The Commission shall have authority to amend such rules from time to time to the extent necessary to carry out the provisions of this subsection. Any such amendment shall be made after notice and opportunity for hearing.

“recovered analog spectrum” applies in that section

the term “recovered analog spectrum” has the meaning provided in paragraph (15)(C)(vi). (F) Certain proceeds designated for Public Safety Trust Fund Notwithstanding subparagraph (A) and except as provided in subparagraphs (B) and (D)(ii), the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection pursuant to section 1451(b)(1)(B) of this title shall be deposited in the Public Safety Trust Fund established by section 1457(a)(1) of this title .

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.

“regional concentration rules” applies in that section

the term “regional concentration rules” means the provisions of sections 73.35, 73.240, and 73.636 of title 47, Code of Federal Regulations (as in effect June 1, 1983 ), which prohibit any party from directly or indirectly owning, operating, or controlling three broadcast stations in one or several services where any two of such stations are within 100 miles of the third (measured city-to-city), and where there is a primary service contour overlap of any of the stations.

“authorized committee” applies in that section

the terms “authorized committee” and “Federal office” have the meanings given such terms by section 30101 of title 52 . (c) Definitions For purposes of this section—;

“broadcasting station” applies in that section

the term “broadcasting station” includes a community antenna television system; and (2) the terms “licensee” and “station licensee” when used with respect to a community antenna television system mean the operator of such system. (d) Rules and regulations The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

“Federal office” applies in that section

the terms “authorized committee” and “Federal office” have the meanings given such terms by section 30101 of title 52 . (c) Definitions For purposes of this section—;

“interstate commerce” applies in that section

The term “interstate commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof which is within the United States, (B) commerce between points in the same State, the District of Columbia, the Commonwealth of Puerto Rico, or possession of the United States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any possession of the United States.;

“United States” applies in that section

The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States, but does not include the Canal Zone.

“commercial mobile service” applies in that section

the term “commercial mobile service” means any mobile service (as defined in section 153 of this title ) that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission;

“interconnected service” applies in that section

the term “interconnected service” means service that is interconnected with the public switched network (as such terms are defined by regulation by the Commission) or service for which a request for interconnection is pending pursuant to subsection (c)(1)(B); and;

“personal wireless service facilities” applies in that section

the term “personal wireless service facilities” means facilities for the provision of personal wireless services; and;

“personal wireless services” applies in that section

the term “personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;

“private mobile service” applies in that section

the term “private mobile service” means any mobile service (as defined in section 153 of this title ) that is not a commercial mobile service or the functional equivalent of a commercial mobile service, as specified by regulation by the Commission.

“unlicensed wireless service” applies in that section

the term “unlicensed wireless service” means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in section 303(v) of this title ). (8) Mobile services access A person engaged in the provision of commercial mobile services, insofar as such person is so engaged, shall not be required to provide equal access to common carriers for the provision of telephone toll services.

“national educational programming supplier” applies in that section

The term “national educational programming supplier” includes any qualified noncommercial educational television station, other public telecommunications entities, and public or private educational institutions.;

“provider of direct broadcast satellite service” applies in that section

The term “provider of direct broadcast satellite service” means— (i) a licensee for a Ku-band satellite system under part 100 of title 47 of the Code of Federal Regulations; or (ii) any distributor who controls a minimum number of channels (as specified by Commission regulation) using a Ku-band fixed service satellite system for the provision of video programming directly to the home and licensed under part 25 of title 47 of the Code of Federal Regulations.;

“qualified satellite provider” applies in that section

The term “qualified satellite provider” means any provider of direct broadcast satellite service that— (i) provides the retransmission of the State public affairs networks of at least 15 different States; (ii) offers the programming of State public affairs networks upon reasonable prices, terms, and conditions as determined by the Commission under paragraph (4); and (iii) does not delete any noncommercial programming of an educational or informational nature in connection with the carriage of a State public affairs network.;

“State public affairs network” applies in that section

The term “State public affairs network” means a non-commercial non-broadcast network or a noncommercial educational television station— (i) whose programming consists of information about State government deliberations and public policy events; and (ii) that is operated by— (I) a State government or subdivision thereof; (II) an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of such title and that is governed by an independent board of directors; or (III) a cable system.

“advanced television services” applies in that section

The term “advanced television services” means television services provided using digital or other advanced technology as further defined in the opinion, report, and order of the Commission entitled “Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service”, MM Docket 87–268, adopted September 17, 1992 , and successor proceedings. (2) Designated frequencies

“designated frequency” applies in that section

The term “designated frequency” means each of the frequencies designated by the Commission for licenses for advanced television services. (3) High definition television The term “high definition television” refers to systems that offer approximately twice the vertical and horizontal resolution of receivers generally available on February 8, 1996 , as further defined in the proceedings described in paragraph (1) of this subsection.

“digital data service” applies in that section

the term “digital data service” includes— (A) digitally-based interactive broadcast service; and (B) wireless Internet access, without regard to— (i) whether such access is— (I) provided on a one-way or a two-way basis; (II) portable or fixed; or (III) connected to the Internet via a band allocated to Interactive Video and Data Service; and (ii) the technology employed in delivering such service, including the delivery of such service via multiple transmitters at multiple locations. (8) Nothing in this subsection limits the authority of the Commission under any other provision of law. (i) Definitions As used in this section: (1) Advanced television services

“public safety services” applies in that section

The term “public safety services” means services— (A) the sole or principal purpose of which is to protect the safety of life, health, or property; (B) that are provided— (i) by State or local government entities; or (ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and (C) that are not made commercially available to the public by the provider.

“distributor” applies in that section

The term “distributor” means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities. (2) Eligible satellite carrier

“eligible satellite carrier” applies in that section

The term “eligible satellite carrier” means any satellite carrier that is not a party to a carriage contract that— (A) governs carriage of at least 30 qualified noncommercial educational television stations; and (B) is in force and effect within 150 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. (3) Local receive facility

“local market” applies in that section

The term “local market” has the meaning given that term under section 122(j) of title 17 . (5) Low power television station

“local receive facility” applies in that section

The term “local receive facility” means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission. (4) Local market

“low power television station” applies in that section

The term “low power television station” means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004 . For purposes of this paragraph,

“other service” applies in that section

the term “other service” includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and;

“qualified noncommercial educational television station” applies in that section

The term “qualified noncommercial educational television station” means any full-power television broadcast station that— (A) under the rules and regulations of the Commission in effect on March 29, 1990 , is licensed by the Commission as a noncommercial educational broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; and (B) has as its licensee an entity that is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of this title .

“satellite carrier” applies in that section

the term “satellite carrier” includes, in addition to persons within the definition of satellite carrier, any person who— (i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and (ii) provides any wire or radio communications service. (3) Prohibitions (A) Consent to collection Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.

“secondary transmission” applies in that section

The term “secondary transmission” has the meaning given such term in section 119(d) of title 17 . (9) Subscriber

“subscriber” applies in that section

The term “subscriber” has the meaning given that term under section 122(j) of title 17 . (10) Television broadcast station

“television broadcast station” applies in that section

The term “television broadcast station” has the meaning given such term in section 325(b)(7) of this title . (l) Market determinations (1) In general Following a written request, the Commission may, with respect to a particular commercial television broadcast station, include additional communities within its local market or exclude communities from such station’s local market to better effectuate the purposes of this section.

“local market” applies in that section

The term “local market” has the meaning given that term under section 122(j) of title 17 . (2) Nationally distributed superstation

“nationally distributed superstation” applies in that section

The term “nationally distributed superstation” means a television broadcast station, licensed by the Commission, that— (A) is not owned or operated by or affiliated with a television network that, as of January 1, 1995 , offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States; (B) on May 1, 1991 , was retransmitted by a satellite carrier and was not a network station at that time; and (C) was, as of July 1, 1998 , retransmitted by a satellite carrier under the statutory license of section 119 of title 17 . (3) Network station

“network station” applies in that section

The term “network station” has the meaning given such term under section 119(d) of title 17 . (4) Satellite carrier

“satellite carrier” applies in that section

the term “satellite carrier” includes a distributor (as defined in section 119(d)(1) of title 17 ), but only if the satellite distributor’s relationship with the subscriber includes billing, collection, service activation, and service deactivation. (d) Definitions For the purposes of this section: (1) Local market

“television network” applies in that section

The term “television network” means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States.

“community” applies in that section

The term “community” means— (A) a county or a cable community, as determined under the rules, regulations, and authorizations of the Commission applicable to determining with respect to a cable system whether signals are significantly viewed; or (B) a satellite community, as determined under such rules, regulations, and authorizations (or revisions thereof) as the Commission may prescribe in implementing the requirements of this section.

“local market” applies in that section

The terms “local market”, “satellite carrier”, “subscriber”, and “television broadcast station” have the meanings given such terms in section 338(k) of this title . (2) Network station; television network

“network station” applies in that section

The terms “network station” and “television network” have the meanings given such terms in section 339(d) of this title . (3) Community

“satellite carrier” applies in that section

The terms “local market”, “satellite carrier”, “subscriber”, and “television broadcast station” have the meanings given such terms in section 338(k) of this title . (2) Network station; television network

“subscriber” applies in that section

The terms “local market”, “satellite carrier”, “subscriber”, and “television broadcast station” have the meanings given such terms in section 338(k) of this title . (2) Network station; television network

“television broadcast station” applies in that section

The terms “local market”, “satellite carrier”, “subscriber”, and “television broadcast station” have the meanings given such terms in section 338(k) of this title . (2) Network station; television network

“television network” applies in that section

The terms “network station” and “television network” have the meanings given such terms in section 339(d) of this title . (3) Community

“eligible county” applies in that section

the term “eligible county” means any 1 of 4 counties that— (A) are all in a single State; (B) on January 1, 2004 , were each in designated market areas in which the majority of counties were located in another State or States; and (C) as a group had a combined total of 41,340 television households according to the U.S. Television Household Estimates by Nielsen Media Research for 2003–2004. (4) Limitation .— Carriage of a station under this section shall be at the option of the cable operator or satellite carrier.

“designated market area” applies in that section

The term “designated market area” has the meaning given such term in section 122(j)(2)(C) of title 17 . (2) Good quality satellite signal (A) In general

“good quality satellite signal” applies in that section

The term “good quality satellite signal” means— (i) a satellite signal whose power level as designed shall achieve reception and demodulation of the signal at an availability level of at least 99.7 percent using— (I) models of satellite antennas normally used by the satellite carrier’s subscribers; and (II) the same calculation methodology used by the satellite carrier to determine predicted signal availability in the top 100 designated market areas; and (ii) taking into account whether a signal is in standard definition format or high definition format, compression methodology, modulation, error correction, power level, and utilization of advances in technology that do not circumvent the …

“covered GPS device” applies in that section

the term “covered GPS device” means a Global Positioning System device of the Department of Defense.

“abuser” applies in that section

The term “abuser” means an individual who has committed or allegedly committed a covered act against— (A) an individual who seeks relief under subsection (b); or (B) an individual in the care of an individual who seeks relief under subsection (b). (2) Covered act (A) In general

“covered act” applies in that section

The term “covered act” means conduct that constitutes— (i) a crime described in section 12291(a)of title 34, including domestic violence, dating violence, sexual assault, stalking, and sex trafficking; (ii) an act or practice described in paragraph (11) or (12) of section 7102 of title 22 (relating to severe forms of trafficking in persons and sex trafficking, respectively); or (iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii).

“covered provider” applies in that section

The term “covered provider” means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d) of this title . (4) Primary account holder

“primary account holder” applies in that section

The term “primary account holder” means an individual who is a party to a mobile service contract with a covered provider. (5) Shared mobile service contract

“shared mobile service contract” applies in that section

The term “shared mobile service contract”— (A) means a mobile service contract for an account that includes not less than 2 consumers; and (B) does not include enterprise services offered by a covered provider. (6) Survivor

“survivor” applies in that section

The term “survivor” means an individual who is not less than 18 years old and— (A) against whom a covered act has been committed or allegedly committed; or (B) who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act).

“educational television programming for children” applies in that section

the term “educational television programming for children” means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual development of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children; and;

“person” applies in that section

the term “person” means an individual, partnership, association, joint stock company, trust, corporation, or State or local governmental entity.

“nonbroadcast telecommunications facilities” applies in that section

the term “nonbroadcast telecommunications facilities” includes, but is not limited to, cable television systems, communications satellite systems and related terminal equipment, and other modes of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic, or other means. (f) Funding The funding of any demonstration pursuant to this subpart shall continue for not more than 3 years from the date of the original grant or contract.

“Corporation” applies throughout its part

The term “Corporation” means the Corporation for Public Broadcasting authorized to be established in subpart D.;

“interconnection” applies throughout its part

The term “interconnection” means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities.;

“interconnection system” applies throughout its part

The term “interconnection system” means any system of interconnection facilities used for the distribution of programs to public telecommunications entities.;

“meeting” applies throughout its part

The term “meeting” means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body’s business, or the committee’s business, as the case may be, but only to the extent that such deliberations relate to public broadcasting.;

“non-Federal financial support” applies throughout its part

The term “non-Federal financial support” means the total value of cash and the fair market value of property and services (including, to the extent provided in the second sentence of this paragraph, the personal services of volunteers) received— (A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio programs, and related activities, from any source other than (i) the United States or any agency or instrumentality of the United States; or (ii) any public broadcasting entity; or (B) as gifts, grants, …

“noncommercial educational broadcast station” applies throughout its part

The terms “noncommercial educational broadcast station” and “public broadcast station” mean a television or radio broadcast station which— (A) under the rules and regulations of the Commission in effect on November 2, 1978 , is eligible to be licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or association; or (B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes.;

“noncommercial telecommunications entity” applies throughout its part

The term “noncommercial telecommunications entity” means any enterprise which— (A) is owned and operated by a State, a political or special purpose subdivision of a State, a public agency, or a nonprofit private foundation, corporation, or association; and (B) has been organized primarily for the purpose of disseminating audio or video noncommercial educational and cultural programs to the public by means other than a primary television or radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave, or laser transmission through the atmosphere.

“preoperational expenses” applies throughout its part

The term “preoperational expenses” means all nonconstruction costs incurred by new telecommunications entities before the date on which they begin providing service to the public, and all nonconstruction costs associated with expansion of existing entities before the date on which such expanded capacity is activated, except that such expenses shall not include any portion of the salaries of any personnel employed by an operating public telecommunications entity.;

“public broadcast station” applies throughout its part

The terms “noncommercial educational broadcast station” and “public broadcast station” mean a television or radio broadcast station which— (A) under the rules and regulations of the Commission in effect on November 2, 1978 , is eligible to be licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or association; or (B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes.;

“public broadcasting entity” applies throughout its part

The term “public broadcasting entity” means the Corporation, any licensee or permittee of a public broadcast station, or any nonprofit institution engaged primarily in the production, acquisition, distribution, or dissemination of educational and cultural television or radio programs.;

“public telecommunications entity” applies throughout its part

The term “public telecommunications entity” means any enterprise which— (A) is a public broadcast station or a noncommercial telecommunications entity; and (B) disseminates public telecommunications services to the public.;

“public telecommunications facilities” applies throughout its part

The term “public telecommunications facilities” means apparatus necessary for production, interconnection, captioning, broadcast, or other distribution of programming, including, but not limited to, studio equipment, cameras, microphones, audio and video storage or reproduction equipment, or both, signal processors and switchers, towers, antennas, transmitters, translators, microwave equipment, mobile equipment, satellite communications equipment, instructional television fixed service equipment, subsidiary communications authorization transmitting and receiving equipment, cable television equipment, video and audio cassettes and discs, optical fiber communications equipment, and other …

“public telecommunications services” applies throughout its part

The term “public telecommunications services” means noncommercial educational and cultural radio and television programs, and related noncommercial instructional or informational material that may be transmitted by means of electronic communications.;

“Secretary” applies throughout its part

The term “Secretary” means the Secretary of Commerce when such term is used in subpart A and subpart B, and the Secretary of Health and Human Services when such term is used in subpart C, subpart D, and this subpart.;

“State” applies throughout its part

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.;

“system of public telecommunications entities” applies throughout its part

The term “system of public telecommunications entities” means any combination of public telecommunications entities acting cooperatively to produce, acquire, or distribute programs, or to undertake related activities.

“business or institutional logogram” applies in that section

the term “business or institutional logogram” means any aural or visual letters or words, or any symbol or sign, which is used for the exclusive purpose of identifying any corporation, company, or other organization, and which is not used for the purpose of promoting the products, services, or facilities of such corporation, company, or other organization.

“advertisement” applies in that section

the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended— (1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit; (2) to express the views of any person with respect to any matter of public importance or interest; or (3) to support or oppose any candidate for political office.

“contest” applies in that section

The term “contest” means any contest broadcast by a radio station in connection with which any money or any other thing of value is offered as a prize or prizes to be paid or presented by the program sponsor or by any other person or persons, as announced in the course of the broadcast.;

“the listening or viewing public” applies in that section

The term “the listening or viewing public” means those members of the public who, with the aid of radio receiving sets, listen to or view programs broadcast by radio stations. (c) Penalties Whoever violates subsection (a) shall be fined not more than $10,000 or imprisoned not more than one year, or both.

“pirate radio broadcasting” applies in that section

the term “pirate radio broadcasting” means the transmission of communications on spectrum frequencies between 535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.

“activated channels” applies throughout its subchapter

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;

“basic cable service” applies throughout its subchapter

the term “basic cable service” means any service tier which includes the retransmission of local television broadcast signals;

“cable channel” applies throughout its subchapter

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);

“cable operator” applies throughout its subchapter

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;

“cable service” applies throughout its subchapter

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;

“cable system” applies throughout its subchapter

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 …

“channel” applies throughout its subchapter

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);

“Federal agency” applies throughout its subchapter

the term “Federal agency” means any agency of the United States, including the Commission;

“franchise” applies throughout its subchapter

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;

“franchising authority” applies throughout its subchapter

the term “franchising authority” means any governmental entity empowered by Federal, State, or local law to grant a franchise;

“grade B contour” applies throughout its subchapter

the term “grade B contour” means the field strength of a television broadcast station computed in accordance with regulations promulgated by the Commission;

“interactive on-demand services” applies throughout its subchapter

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;

“multichannel video programming distributor” applies throughout its subchapter

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;

“other programming service” applies throughout its subchapter

the term “other programming service” means information that a cable operator makes available to all subscribers generally;

“person” applies throughout its subchapter

the term “person” means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity;

“public, educational, or governmental access facilities” applies throughout its subchapter

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;

“service tier” applies throughout its subchapter

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;

“State” applies throughout its subchapter

the term “State” means any State, or political subdivision, or agency thereof;

“usable activated channels” applies throughout its subchapter

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;

“video programming” applies throughout its subchapter

the term “video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

“institutional network” applies in that section

the term “institutional network” means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers.

“commercial use” applies in that section

the term “commercial use” means the provision of video programming, whether or not for profit. (6) Any channel capacity which has been designated for public, educational, or governmental use may not be considered as designated under this section for commercial use for purpose of this section.

“qualified educational programming source” applies in that section

the term “qualified educational programming source” means a programming source which devotes substantially all of its programming to educational or instructional programming that promotes public understanding of mathematics, the sciences, the humanities, and the arts and has a documented annual expenditure on programming exceeding $15,000,000. The annual expenditure on programming means all annual costs incurred by the programming source to produce or acquire programs which are scheduled to be televised, and specifically excludes marketing, promotion, satellite transmission and operational costs, and general administrative costs.

“qualified minority programming source” applies in that section

the term “qualified minority programming source” means a programming source which devotes substantially all of its programming to coverage of minority viewpoints, or to programming directed at members of minority groups, and which is over 50 percent minority-owned, as the term “minority” is defined in section 309(i)(3)(C)(ii) of this title . (3) For purposes of this subsection,

“local commercial television station” applies in that section

the term “local commercial television station” means any full power television broadcast station, other than a qualified noncommercial educational television station within the meaning of section 535( l )(1) of this title, licensed and operating on a channel regularly assigned to its community by the Commission that, with respect to a particular cable system, is within the same television market as the cable system.

“qualified low power station” applies in that section

The term “qualified low power station” means any television broadcast station conforming to the rules established for Low Power Television Stations contained in part 74 of title 47, Code of Federal Regulations, only if— (A) such station broadcasts for at least the minimum number of hours of operation required by the Commission for television broadcast stations under part 73 of title 47, Code of Federal Regulations; (B) such station meets all obligations and requirements applicable to television broadcast stations under part 73 of title 47, Code of Federal Regulations, with respect to the broadcast of nonentertainment programming; programming and rates involving political candidates, …

“qualified local noncommercial educational television station” applies in that section

The term “qualified local noncommercial educational television station” means a qualified noncommercial educational television station— (A) which is licensed to a principal community whose reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (as in effect on March 29, 1990 ), or any successor regulations thereto, is within 50 miles of the principal headend of the cable system; or (B) whose Grade B service contour, as defined in section 73.683(a) of such title (as in effect on March 29, 1990 ), or any successor regulations thereto, encompasses the principal headend of the cable system.

“qualified noncommercial educational television station” applies in that section

The term “qualified noncommercial educational television station” means any television broadcast station which— (A) (i) under the rules and regulations of the Commission in effect on March 29, 1990 , is licensed by the Commission as a noncommercial educational television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and (ii) has as its licensee an entity which is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of this title ; or (B) is owned …

“video programming vendor” applies in that section

the term “video programming vendor” means a person engaged in the production, creation, or wholesale distribution of video programming for sale.