Television Definition

Television, in the context of cable television, refers to a video delivery service provided by a cable operator to subscribers via coaxial cable or fiber optics. Programming delivered wirelessly, such as via satellite, doesn’t fall under this specific definition.

A cable television system operator is the entity responsible for managing and operating a cable system, holding a significant ownership interest or controlling its operations through various arrangements. They provide cable service, which encompasses the transmission of video programming and other services, including subscriber selection options.

A cable system is a facility designed to provide cable service to multiple subscribers within a community using closed transmission paths and associated equipment. However, facilities solely retransmitting broadcast signals, serving subscribers without public right-of-way, or belonging to common carriers with limited video programming transmission are excluded from this definition. Open video systems and electric utility facilities used exclusively for their electric system are also not considered cable systems.

Cable services are often packaged into tiers, each with a separate rate. Basic service is the most fundamental tier, including over-the-air broadcast signals mandated by law and public access channels required by franchise agreements. Cable programming service encompasses channels beyond basic service, excluding per-channel or per-program services. Per-channel or per-program services are individual channels or programs offered at separate rates.

A local exchange carrier (LEC) provides local telephone service, while a multichannel video programming distributor (MVPD) offers multiple channels of video programming for purchase. MVPDs include cable operators, multichannel multipoint distribution services, direct broadcast satellite services, and television receive-only satellite program distributors.

Before operating, a cable system operator must register with the Federal Communications Commission (FCC), providing information about ownership, business name, address, service commencement date, community served, signals carried, and compliance with regulations. An equal employment opportunity program statement is also required for systems with six or more full-time employees.

State and local regulations govern cable television alongside federal rules. Local franchising authorities grant franchises, oversee aspects like subscriber service, public access, and renewals, and often regulate basic cable service rates. Franchising agreements address system construction, public right-of-way usage, compensation for property damage, and equitable access based on income. Franchise fees, capped at 5% of annual gross revenue, are charged to operators for the right to operate within a specific area.

Historically, the FCC didn’t regulate cable rates. The Cable Communications Policy Act of 1984 allowed local regulation under specific conditions, but rate increases led to the Cable Television Consumer Protection and Competition Act of 1992. This act tasked the FCC with regulating rates for cable tiers lacking effective competition. The Telecommunications Act of 1996 further modified rate regulation, deregulating cable programming services rates after March 31, 1999. Rate regulation now primarily focuses on basic cable service in areas without effective competition, with exemptions for small cable operators meeting specific criteria.

Federal customer service guidelines, adopted by local authorities, set minimum service standards for cable operators. These guidelines address areas like telephone responsiveness, installation times, service interruptions, billing, and information provided to customers. Specific requirements exist for call answering times, installation scheduling, service restoration, billing clarity, and customer information availability.

The unauthorized reception of cable services, including interception or the use of illegal equipment, carries significant penalties under the 1984 Cable Act. Cable operators can pursue legal action against those involved in unauthorized reception.

The 1992 Cable Act introduced must-carry and retransmission consent options for local commercial television stations. Must-carry guarantees carriage on cable systems, while retransmission consent requires negotiation between stations and cable operators. Noncommercial educational stations and qualified low-power television stations also have carriage rights. These regulations ensure access to local broadcast content for cable subscribers. Radio programming carriage requires consent from stations within a certain radius.

Cable systems must carry the full program schedule of stations carried under must-carry or retransmission consent, adhering to network nonduplication, syndicated exclusivity, and sports blackout rules. These regulations manage programming rights and ensure compliance with contractual agreements. The Copyright Act mandates that cable operators obtain compulsory licenses and pay fees for carrying copyrighted programming.

The FCC regulates “origination cablecasting,” programming under the editorial control of the system operator. Regulations include provisions for lockboxes to block objectionable content. The TV Parental Guidelines, a voluntary industry system, rate programming based on content. The V-chip, mandated in television sets, allows blocking of programs based on these ratings. Regulations also address scrambling or blocking of sexually explicit programming, although court decisions have impacted enforcement in this area.

Political candidates have equal opportunity rights to use cable facilities, with restrictions on censorship and discrimination. Lowest unit charge requirements ensure fair pricing for political advertising during election periods. Lottery information broadcasts are generally prohibited, with exceptions for state lotteries and certain non-profit or governmental organizations. Sponsorship identification is required for paid programming. Commercial limits exist for children’s programs, and cigarette advertising is prohibited on cable television.