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a cable operator under 76 1000 through 76 1003 shall also apply to an operator of an open video system and its affiliate which provides video programming on its open video system except as limited by paragraph a 1 3 of this section Any such provision that applies to a satellite cable programming vendor in which a cable operator has an attributable interest shall also apply to any satellite cable programming vendor in which an open video system operator has an attributable interest except as limited by paragraph a 1 3 of this section 1 Section 76 1002 c 1 shall only restrict the conduct of an open video system operator its affiliate that provides video programming on its open video system and a satellite cable programming vendor in which an open video system operator has an attributable interest as follows No open video system operator or its affiliate that provides video programming on its open video system shall engage in any practice or activity or enter into any understanding or arrangement including exclusive contracts with a satellite cable programming vendor or satellite broadcast programming vendor for 47 CFR 76 1507 a 1 enhanced display page 231 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1507 a 2 Multichannel Video and Cable Television Service satellite cable programming or satellite broadcast programming that prevents a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which an open video system operator has an attributable interest or any satellite broadcasting vendor in which an open video system operator has an attributable interest for distribution to person in areas not served by a cable operator as of October 5 1992 2 Reserved 3 Section 76 1002 c 3 i | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
and ii shall only restrict the conduct of an open video system operator its affiliate that provides video programming on its open video system and a satellite cable programming vendor in which an open video system operator has an attributable interest as follows No open video system operator shall enter into any subdistribution agreement or arrangement for satellite cable programming or satellite broadcast programming with a satellite cable programming vendor in which an open video system operator has an attributable interest or a satellite broadcast programming vendor in which an open video system operator has an attributable interest for distribution to persons in areas not served by a cable operator as of October 5 1992 unless such agreement or arrangement complies with the limitations set forth in 76 1002 c 3 ii b No open video system programming provider in which a cable operator has an attributable interest shall engage in any practice or activity or enter into any understanding or arrangement including exclusive contracts with a satellite cable programming vendor or satellite broadcast programming vendor for satellite cable programming or satellite broadcast programming that prevents a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which a cable operator has an attributable interest or any satellite broadcasting vendor in which a cable operator has an attributable interest for distribution to person in areas not served by a cable operator as of October 5 1992 61 FR 28708 June 5 1996 as amended at 77 FR 66048 Oct 31 2012 76 1508 Network non duplication a Sections 76 92 through 76 95 shall apply to open video systems in accordance with the provisions contained in this section b Any provision of 76 92 that refers to a cable community unit or community unit shall | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity including unincorporated communities within unincorporated areas and including single discrete unincorporated areas Any provision of 76 92 that refers to a cable television community shall apply to an open video system community Any provision of 76 92 that refers to a cable television system s mandatory signal carriage obligations shall apply to an open video system s mandatory signal carriage obligations c Any provision of 76 94 that refers to a cable system operator or cable television system operator shall apply to an open video system operator Any provision of 76 94 that refers to a cable system or cable television system shall apply to an open video system except 76 94 e and f which shall apply to an open video system operator Open video system operators shall make all notifications and information regarding the exercise of network non duplication rights immediately available to all appropriate video programming provider on the system An open video system operator shall not be 47 CFR 76 1508 c enhanced display page 232 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1508 d Multichannel Video and Cable Television Service subject to sanctions for any violation of these rules by an unaffiliated program supplier if the operator provided proper notices to the program supplier and subsequently took prompt steps to stop the distribution of the infringing program once it was notified of a violation d Any provision of 76 95 that refers to a cable system or a cable community unit shall apply to an open video system or that portion of an open video system that | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
operates or will operate within a separate and distinct community or municipal entity including unincorporated communities within unincorporated areas and including single discrete unincorporated areas 61 FR 28708 June 5 1996 as amended at 83 FR 7630 Feb 22 2018 76 1509 Syndicated program exclusivity a Sections 76 101 through 76 110 shall apply to open video systems in accordance with the provisions contained in this section b Any provision of 76 101 that refers to a cable community unit shall apply to an open video system c Any provision of 76 105 that refers to a cable system operator or cable television system operator shall apply to an open video system operator Any provision of 76 105 that refers to a cable system or cable television system shall apply to an open video system except 76 105 c which shall apply to an open video system operator Open video system operators shall make all notifications and information regarding exercise of syndicated program exclusivity rights immediately available to all appropriate video programming provider on the system An open video system operator shall not be subject to sanctions for any violation of the rules in 76 101 through 76 110 by an unaffiliated program supplier if the operator provided proper notices to the program supplier and subsequently took prompt steps to stop the distribution of the infringing program once it was notified of a violation d Any provision of 76 106 that refers to a cable community shall apply to an open video system community Any provision of 76 106 that refers to a cable community unit or community unit shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity including unincorporated | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
communities within unincorporated areas and including single discrete unincorporated areas Any provision of 76 106 through 76 108 that refers to a cable system shall apply to an open video system e Any provision of 76 109 that refers to cable television or a cable system shall apply to an open video system f Any provision of 76 110 that refers to a community unit shall apply to an open video system or that portion of an open video system that is affected by this rule 83 FR 7630 Feb 22 2018 76 1510 Application of certain Title VI provisions The following sections within part 76 shall also apply to open video systems 76 71 76 73 76 75 76 77 76 79 76 1702 and 76 1802 Equal Employment Opportunity Requirements 76 503 and 76 504 ownership restrictions 76 981 negative option billing and 76 1300 76 1301 and 76 1302 regulation of carriage agreements 76 610 operation in the frequency bands 108 137 and 225 400 MHz scope of application 47 CFR 76 1510 enhanced display page 233 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1511 Multichannel Video and Cable Television Service provided however that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S Section 631 of the Communications Act subscriber privacy shall also apply to open video systems 83 FR 7630 Feb 22 2018 76 1511 Fees An open video system operator may be subject to the payment of fees on the gross revenues of the operator for the provision of cable service imposed by a local franchising authority or other governmental entity in lieu of the franchise fees permitted under Section 622 of the | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
Communications Act Local governments shall have the authority to assess and receive the gross revenue fee Gross revenues under this paragraph means all gross revenues received by an open video system operator or its affiliates including all revenues received from subscribers and all carriage revenues received from unaffiliated video programming providers In addition gross revenues under this paragraph includes any advertising revenues received by an open video system operator or its affiliates in connection with the provision of video programming where such revenues are included in the calculation of the incumbent cable operator s cable franchise fee Gross revenues does not include revenues collected by unaffiliated video programming providers such as subscriber or advertising revenues Any gross revenues fee that the open video system operator or its affiliate collects from subscribers or video programming providers shall be excluded from gross revenues An operator of an open video system or any programming provider may designate that portion of a subscriber s bill attributable to the fee as a separate item on the bill An operator of an open video system may recover the gross revenue fee from programming providers on a proportional basis as an element of the carriage rate 61 FR 43177 Aug 21 1996 76 1512 Programming information a An open video system operator shall not unreasonably discriminate in favor of itself or its affiliates with regard to material or information including advertising provided by the operator to subscribers for the purpose of selecting programming on the open video system or in the way such material or information is provided to subscribers Note to paragraph a Material or information as used in paragraph a of this section means material or information that a subscriber uses to actively select programming at the point of program selection b In accordance with | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
paragraph a of this section 1 An open video system operator shall not discriminate in favor of itself or its affiliate on any navigational device guide or menu 2 An open video system operator shall not omit television broadcast stations or other unaffiliated video programming services carried on the open video system from any navigational device guide electronic or paper or menu 3 An open video system operator shall not restrict a video programming provider s ability to use part of the provider s channel capacity to provide an individualized guide or menu to the provider s subscribers 47 CFR 76 1512 b 3 enhanced display page 234 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1512 b 4 Multichannel Video and Cable Television Service 4 Where an open video system operator provides no navigational device guide or menu its affiliate s navigational device guide or menu shall be subject to the requirements of Section 653 b 1 E of the Communications Act 5 An open video system operator may permit video programming providers including its affiliate to develop and use their own navigational devices If an open video system operator permits video programming providers including its affiliate to develop and use their own navigational devices the operator must create an electronic menu or guide that all video programming providers must carry containing a non discriminatory listing of programming providers or programming services available on the system and informing the viewer how to obtain additional information on each of the services listed 6 An open video system operator must grant access for programming providers that do not wish to use their own navigational device to the navigational device used by the open video system operator or its affiliate and 7 If | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
an operator provides an electronic guide or menu that complies with paragraph b 5 of this section its programming affiliate may create its own menu or guide without being subject to the requirements of Section 653 b 1 E of the Communications Act c An open video system operator shall ensure that video programming providers or copyright holders or both are able to suitably and uniquely identify their programming services to subscribers d An open video system operator shall transmit programming identification without change or alteration if such identification is transmitted as part of the programming signal 61 FR 28708 June 5 1996 as amended at 61 FR 43177 Aug 21 1996 76 1513 Open video dispute resolution a Complaints Any party aggrieved by conduct that it believes constitute a violation of the regulations set forth in this part or in section 653 of the Communications Act 47 U S C 573 may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint The Commission shall resolve any such dispute within 180 days after the filing of a complaint The complaint shall be filed and responded to in accordance with the procedures specified in 76 7 of this part with the following additions or changes b Alternate dispute resolution An open video system operator may not provide in its carriage contracts with programming providers that any dispute must be submitted to arbitration mediation or any other alternative method for dispute resolution prior to submission of a complaint to the Commission c Notice required prior to filing of complaint Any aggrieved party intending to file a complaint under this section must first notify the potential defendant open video system operator that it intends to file a complaint with the Commission based on | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
actions alleged to violate one or more of the provisions contained in this part or in Section 653 of the Communications Act The notice must be in writing and must be sufficiently detailed so that its recipient s can determine the specific nature of the potential complaint The potential complainant must allow a minimum of ten 10 days for the potential defendant s to respond before filing a complaint with the Commission d Contents of complaint In addition to the requirements of 76 7 of this part an open video system complaint shall contain 47 CFR 76 1513 d enhanced display page 235 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1513 d 1 Multichannel Video and Cable Television Service 1 The type of entity that describes complainant e g individual private association partnership or corporation the address and telephone number of the complainant and the address and telephone number of each defendant 2 If discrimination in rates terms and conditions of carriage is alleged documentary evidence shall be submitted such as a preliminary carriage rate estimate or a programming contract that demonstrates a differential in price terms or conditions between complainant and a competing video programming provider or if no programming contract or preliminary carriage rate estimate is submitted with the complaint an affidavit signed by an officer of complainant alleging that a differential in price terms or conditions exists a description of the nature and extent if known or reasonably estimated by the complainant of the differential together with a statement that defendant refused to provide any further specific comparative information Note to paragraph d 2 Upon request by a complainant the preliminary carriage rate estimate shall include a calculation of the average of the carriage rates paid by | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
the unaffiliated video programming providers receiving carriage from the open video system operator including the information needed for any weighting of the individual carriage rates that the operator has included in the average rate 3 If a programming contract or a preliminary carriage rate estimate is submitted with the complaint in support of the alleged violation specific references to the relevant provisions therein 4 The complaint must be accompanied by appropriate evidence demonstrating that the required notification pursuant to paragraph c of this section has been made e Answer 1 Any open video system operator upon which a complaint is served under this section shall answer within thirty 30 days of service of the complaint unless otherwise directed by the Commission 2 An answer to a discrimination complaint shall state the reasons for any differential in prices terms or conditions between the complainant and its competitor and shall specify the particular justification relied upon in support of the differential Any documents or contracts submitted pursuant to this paragraph may be protected as proprietary pursuant to 76 9 of this part f Reply Within twenty 20 days after service of an answer the complainant may file and serve a reply which shall be responsive to matters contained in the answer and shall not contain new matters g Time limit on filing of complaints Any complaint filed pursuant to this subsection must be filed within one year of the date on which one of the following events occurs 1 The open video system operator enters into a contract with the complainant that the complainant alleges to violate one or more of the rules contained in this part or 2 The open video system operator offers to carry programming for the complainant pursuant to terms that the complainant alleges to violate one or | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
more of the rules contained in this part and such offer to carry programming is unrelated to any existing contract between the complainant and the open video system operator or 47 CFR 76 1513 g 2 enhanced display page 236 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1513 g 3 Multichannel Video and Cable Television Service 3 An open video system operator has denied or failed to acknowledge a request for such operator to carry the complainant s programming on its open video system allegedly in violation of one or more of the rules contained in this part h Remedies for violations 1 Remedies authorized Upon completion of such adjudicatory proceeding the Commission Commission staff or Administrative Law Judge shall order appropriate remedies including if necessary the requiring carriage awarding damages to any person denied carriage or any combination of such sanctions Such order shall set forth a timetable for compliance Such order issued by the Commission or Commission staff shall be effective upon release See 1 102 b and 1 103 of this chapter The effective date of such order issued by the Administrative Law Judge is set forth in 1 276 d of this chapter 2 Additional sanctions The remedies provided in paragraph h 1 of this section are in addition to and not in lieu of the sanctions available under title V or any other provision of the Communications Act 61 FR 28708 June 5 1996 as amended at 61 FR 43178 Aug 21 1996 62 FR 26239 May 13 1997 64 FR 6575 Feb 10 1999 85 FR 81812 Dec 17 2020 76 1514 Bundling of video and local exchange services An open video system operator may offer video and local exchange services for sale in | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
a single package at a single price provided that a The open video system operator where it is the incumbent local exchange carrier may not require that a subscriber purchase its video service in order to receive local exchange service and b Any local exchange carrier offering such a package must impute the unbundled tariff rate for the regulated service 61 FR 28708 June 5 1996 as amended at 61 FR 43178 Aug 21 1996 Subpart T Notices Source 65 FR 53617 Sept 5 2000 unless otherwise noted 76 1600 Electronic delivery of notices a Except as provided in 76 1603 for changes that occur due to circumstances outside a cable operator s control which also may be provided as set forth in 76 1603 b written information provided by cable operators to subscribers or customers pursuant to 76 1601 76 1602 76 1603 76 1604 76 1618 and 76 1620 of this Subpart T as well as subscriber privacy notifications required by cable operators satellite providers and open video systems pursuant to sections 631 338 i and 653 of the Communications Act may be delivered electronically by email to any subscriber who has not opted out of electronic delivery under paragraph a 3 of this section if the entity 1 Sends the notice to the subscriber s or customer s verified email address 47 CFR 76 1600 a 1 enhanced display page 237 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1600 a 2 Multichannel Video and Cable Television Service 2 Provides either the entirety of the written information or a weblink to the written information in the notice and 3 Includes in the body of the notice a telephone number that is clearly and prominently presented to subscribers so | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
that it is readily identifiable as an opt out mechanism that will allow subscribers to continue to receive paper copies of the written material b For purposes of this section a verified email address is defined as 1 An email address that the subscriber has provided to the cable operator and not vice versa for purposes of receiving communication 2 An email address that the subscriber regularly uses to communicate with the cable operator or 3 An email address that has been confirmed by the subscriber as an appropriate vehicle for the delivery of notices c Cable operators that provide written Subpart T notices via paper copy may provide certain portions of the 76 1602 annual notices electronically to any subscriber who has not opted out of electronic delivery under paragraphs a 3 or c 3 of this section by prominently displaying the following on the front or first page of the printed annual notice 1 A weblink in a form that is short simple and easy to remember leading to written information required to be provided pursuant to 76 1602 b 2 7 and 8 2 A weblink in a form that is short simple and easy to remember leading to written information required to be provided pursuant to 76 1602 b 5 and 3 A telephone number that is readily identifiable as an opt out mechanism that will allow subscribers to continue to receive paper copies of the entire annual notice d If the conditions for electronic delivery in paragraphs a and b of this section are not met or if a subscriber opts out of electronic delivery the written material must be delivered by paper copy to the subscriber s physical address e After July 31 2020 written information provided by cable operators to broadcast stations pursuant | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
to 76 64 k 76 1601 76 1607 76 1608 76 1609 and 76 1617 must be delivered electronically to full power and Class A television stations via email to the email address for carriage related questions that the station lists in its public file in accordance with 73 3526 and 73 3527 of this title or in the case of low power television stations and noncommercial educational translator stations that are entitled to such notices to the licensee s email address not a contact representative s email address if different from the licensee s email address as displayed publicly in the Licensing and Management System LMS or the primary station s carriage related email address if the noncommercial educational translator station does not have its own email address listed in LMS 83 FR 66157 Dec 26 2019 as amended at 85 FR 16005 Mar 20 2020 85 FR 71854 Nov 12 2020 76 1601 Deletion or repositioning of broadcast signals A cable operator shall provide written notice to any broadcast television station at least 30 days prior to either deleting from carriage or repositioning that station 85 FR 71854 Nov 12 2020 47 CFR 76 1601 enhanced display page 238 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1602 Multichannel Video and Cable Television Service 76 1602 Customer service general information a A cable franchise authority may enforce the customer service standards set forth in paragraph b of this section against cable operators The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards b The cable operator shall provide written information on each of the following areas at the time of installation of service at least annually to all subscribers and at | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
any time upon request 1 Products and services offered 2 Prices and options for programming services and conditions of subscription to programming and other services 3 Installation and service maintenance policies 4 Instructions on how to use the cable service 5 Channel positions of programming carried on the system and 6 Billing and complaint procedures including the address and telephone number of the local franchise authority s cable office 7 Effective May 1 2011 any assessed fees for rental of navigation devices and single and additional CableCARDs and 8 Effective May 1 2011 if such provider includes equipment in the price of a bundled offer of one or more services the fees reasonably allocable to i The rental of single and additional CableCARDs and ii The rental of operator supplied navigation devices c Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by the cable system operator including the address of the responsible officer of the local franchising authority 65 FR 53617 Sept 5 2000 as amended at 76 FR 40279 July 8 2011 83 FR 7631 Feb 22 2018 76 1603 Customer service rate and service changes a A cable franchise authority may enforce the customer service standards set forth in paragraph b of this section against cable operators The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards b Cable operators shall provide written notice to subscribers of any changes in rates or services Notice shall be provided to subscribers at least 30 days in advance of the change unless the change results from circumstances outside of the cable operator s control including failed retransmission consent or program carriage negotiations during the last 30 days of a contract in which | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
case notice shall be provided as soon as possible using any reasonable written means at the operator s sole discretion including Channel Slates Notice of rate changes shall include the precise amount of the rate change and explain the reason for the change in readily understandable terms Notice of changes involving the addition or deletion of channels shall individually identify each channel affected 47 CFR 76 1603 b enhanced display page 239 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1603 c Multichannel Video and Cable Television Service c A cable operator not subject to effective competition shall provide 30 days advance notice to its local franchising authority of any increase proposed in the price to be charged for the basic service tier d Notwithstanding any other provision of part 76 of this chapter a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee franchise fee or any other fee tax assessment or charge of any kind imposed by any Federal agency State or franchising authority on the transaction between the operator and the subscriber Note 1 to 76 1603 Section 624 h of the Communications Act 47 U S C 544 h contains additional notification requirements which a franchising authority may enforce Note 2 to 76 1603 Section 624 d 3 of the Communications Act 47 U S C 544 d 3 contains additional notification provisions pertaining to cable operators who offer a premium channel without charge to cable subscribers who do not subscribe to such premium channel Note 3 to 76 1603 Section 631 of the Communications Act 47 U S C 551 contains additional notification requirements pertaining to the protection of subscriber privacy 65 FR | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
53617 Sept 5 2000 as amended at 66 FR 16554 Mar 26 2001 77 FR 67302 Dec 10 2012 85 FR 71854 Nov 12 2020 76 1604 Charges for customer service changes If a cable operator establishes a higher charge for changes effected solely by coded entry on a computer terminal or by other similarly simple methods as provided in 76 980 d the cable system must notify all subscribers in writing that they may be subject to such a charge for changing service tiers more than the specified number of times in any 12 month period 76 1607 Principal headend A cable operator shall provide written notice to all stations carried on its system pursuant to the must carry rules in this subpart at least 60 days prior to any change in the designation of its principal headend Such written notice shall be provided by certified mail except that after July 31 2020 notice shall be provided to stations by electronic delivery in accordance with 76 1600 85 FR 16006 Mar 20 2020 76 1608 System technical integration requiring uniform election of must carry or retransmission consent status A cable system that changes its technical configuration in such a way as to integrate two formerly separate cable systems must give 90 days notice of its intention to do so to any television broadcast stations that have elected must carry status with respect to one system and retransmission consent status with respect to the other After July 31 2020 such notice shall be delivered to stations electronically in accordance with 76 1600 If the system and the station do not agree on a uniform election 45 days prior to integration the cable system may require the station to make such a uniform election 30 days prior to integration 47 CFR | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
76 1608 enhanced display page 240 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1609 Multichannel Video and Cable Television Service 85 FR 16006 Mar 20 2020 76 1609 Non duplication and syndicated exclusivity Within 60 days following the provision of service to 1 000 subscribers the operator of each such system shall file a notice to that effect with the Commission and serve a copy of that notice on every television station that would be entitled to exercise network non duplication protection or syndicated exclusivity protection against it After July 31 2020 in lieu of serving paper copies on stations the operator shall provide the required copies to stations by electronic delivery in accordance with 76 1600 85 FR 16006 Mar 20 2020 76 1610 Change of operational information The Operator shall inform the Commission on FCC Form 324 whenever there is a change of cable television system operator change of legal name change of the operator s mailing address or FCC Registration Number FRN or change in the operational status of a cable television system Notification must be done within 30 days from the date the change occurs and must include the following information as appropriate a The legal name of the operator and whether the operator is an individual private association partnership corporation or government entity See 76 5 cc If the operator is a partnership the legal name of the partner responsible for communications with the Commission shall be supplied b The assumed name if any used for doing business in each community c The physical address including zip code and e mail address if applicable to which all communications are to be directed d The nature of the operational status change e g operation terminated merged | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
with another system inactive deleted etc e The names and FCC identifiers e g CA 0001 of the system communities affected Note 1 to 76 1610 FCC system community identifiers are routinely assigned upon registration They have been assigned to all reported system communities based on previous Form 325 data If a system community in operation prior to March 31 1972 has not previously been assigned a system community identifier the operator shall provide the following information in lieu of the identifier Community Name Community Type i e incorporated town unincorporated settlement etc County Name State Operator Legal Name Operator Assumed Name for Doing Business in the Community Operator Mail Address and Year and Month service was first provided by the physical system 65 FR 53617 Sept 5 2000 as amended at 66 FR 47897 Sept 14 2001 68 FR 27003 May 19 2003 83 FR 7631 Feb 22 2018 47 CFR 76 1610 e enhanced display page 241 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1611 Multichannel Video and Cable Television Service 76 1611 Political cable rates and classes of time If a system permits a candidate to use its cablecast facilities the system shall disclose to all candidates information about rates terms conditions and all value enhancing discount privileges offered to commercial advertisers Systems may use reasonable discretion in making the disclosure provided however that the disclosure includes at a minimum the following information a A description and definition of each class of time available to commercial advertisers sufficiently complete enough to allow candidates to identify and understand what specific attributes differentiate each class b A description of the lowest unit charge and related privileges such as priorities against preemption and make goods prior to specific deadlines for | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
each class of time offered to commercial advertisers c A description of the system s method of selling preemptible time based upon advertiser demand commonly known as the current selling level with the stipulation that candidates will be able to purchase at these demand generated rates in the same manner as commercial advertisers d An approximation of the likelihood of preemption for each kind of preemptible time and e An explanation of the system s sales practices if any that are based on audience delivery with the stipulation that candidates will be able to purchase this kind of time if available to commercial advertisers 76 1614 Identification of must carry signals A cable operator shall respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the must carry requirements of 76 56 The required written response may be delivered by email if the consumer used email to make the request or complaint directly to the cable operator or if the consumer specifies email as the preferred delivery method in the request or complaint 83 FR 66158 Dec 26 2018 76 1615 Sponsorship identification a When a cable television system operator engaged in origination cablecasting presents any matter for which money service or other valuable consideration is either directly or indirectly paid or promised to or charged or accepted by such cable television system operator the cable television system operator at the time of the cablecast shall announce that such matter is sponsored paid for or furnished either in whole or in part and by whom or on whose behalf such consideration was supplied Provided however that service or other valuable consideration shall not include any service or property furnished either without or at a | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
nominal charge for use on or in connection with a cablecast unless it is so furnished in consideration for an identification of any person product service trademark or brand name beyond an identification reasonably related to the use of such service or property on the cablecast For the purposes of this section the term sponsored shall be deemed to have the same meaning as paid for In the case of any political advertisement cablecast under this paragraph that concerns candidates for public office the sponsor shall be identified with letters equal to or greater than four 4 percent of the vertical picture height that air for not less than four 4 seconds 47 CFR 76 1615 a enhanced display page 242 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1615 b Multichannel Video and Cable Television Service b Each cable television system operator engaged in origination cablecasting shall exercise reasonable diligence to obtain from employees and from other persons with whom the system operator deals directly in connection with any matter for cablecasting information to enable such system operator to make the announcement required by this section c In the case of any political origination cablecast matter or any origination cablecast matter involving the discussion of public controversial issues for which any film record transcription talent script or other material or service of any kind is furnished either directly or indirectly to a cable television system operator as an inducement for cablecasting such matter an announcement shall be made both at the beginning and conclusion of such cablecast on which such material or service is used that such film record transcription talent script or other material or service has been furnished to such cable television system operator in connection with the | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
transmission of such cablecast matter Provided however that in the case of any cablecast of 5 minutes duration or less only one such announcement need be made either at the beginning or conclusion of the cablecast d The announcement required by this section shall in addition to stating the fact that the origination cablecasting matter was sponsored paid for or furnished fully and fairly disclose the true identity of the person or persons or corporation committee association or other unincorporated group or other entity by whom or on whose behalf such payment is made or promised or from whom or on whose behalf such services or other valuable consideration is received or by whom the material or services referred to in paragraph c of this section are furnished Where an agent or other person or entity contracts or otherwise makes arrangements with a cable television system operator on behalf of another and such fact is known or by the exercise of reasonable diligence as specified in paragraph b of this section could be known to the system operator the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent e In the case of an origination cablecast advertising commercial products or services an announcement stating the sponsor s corporate or trade name or the name of the sponsor s product when it is clear that the mention of the name of the product constitutes a sponsorship identification shall be deemed sufficient for the purposes of this section and only one such announcement need be made at any time during the course of the cablecast f The announcement otherwise required by this section is waived with respect to the origination cablecast of want ad or | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
classified advertisements sponsored by an individual The waiver granted in this paragraph shall not extend to a classified advertisement or want ad sponsorship by any form of business enterprise corporate or otherwise g The announcements required by this section are waived with respect to feature motion picture film produced initially and primarily for theatre exhibition Note to 76 1615 g The waiver heretofore granted by the Commission in its Report and Order adopted November 16 1960 FCC 60 1369 40 FCC 95 continues to apply to programs filmed or recorded on or before June 20 1963 when 73 654 e of this chapter the predecessor television rule went into effect h Commission interpretations in connection with the provisions of the sponsorship identification rules for the broadcasting services are contained in the Commission s Public Notice entitled Applicability of Sponsorship Identification Rules dated May 6 1963 40 FCC 141 as modified by Public Notice dated 47 CFR 76 1615 h enhanced display page 243 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1616 Multichannel Video and Cable Television Service April 21 1975 FCC 75 418 Further interpretations are printed in full in various volumes of the Federal Communications Commission Reports The interpretations made for the broadcasting services are equally applicable to origination cablecasting 76 1616 Contracts with local exchange carriers Within 10 days of final execution of a contract permitting a local exchange carrier to use that part of the transmission facilities of a cable system extending from the last multi user terminal to the premises of the end use the parties shall submit a copy of such contract along with an explanation of how such contract is reasonably limited in scope and duration to the Commission for review The parties shall | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
serve a copy of this submission on the local franchising authority along with a notice of the local franchising authority s right to file comments with the Commission consistent with 76 7 76 1617 Initial must carry notice a Within 60 days of activation of a cable system a cable operator must notify all qualified NCE stations of its designated principal headend by certified mail except that after July 31 2020 notice shall be provided by electronic delivery in accordance with 76 1600 b Within 60 days of activation of a cable system a cable operator must notify all local commercial and NCE stations that may not be entitled to carriage because they either 1 Fail to meet the standards for delivery of a good quality signal to the cable system s principal headend or 2 May cause an increased copyright liability to the cable system c Within 60 days of activation of a cable system a cable operator must send a copy of a list of all broadcast television stations carried by its system and their channel positions to all local commercial and noncommercial television stations including those not designated as must carry stations and those not carried on the system Such written information shall be provided by certified mail except that after July 31 2020 such information shall be provided by electronic delivery in accordance with 76 1600 65 FR 53617 Sept 5 2000 as amended at 85 FR 16006 Mar 20 2020 76 1618 Basic tier availability A cable operator shall provide written notification to subscribers of the availability of basic tier service to new subscribers at the time of installation This notification shall include the following information a That basic tier service is available b The cost per month for basic tier service c A list | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of all services included in the basic service tier 76 1619 Information on subscriber bills a Effective July 1 1993 bills must be clear concise and understandable Bills must be fully itemized with itemizations including but not limited to basic and premium service charges and equipment charges Bills will also clearly delineate all activity during the billing period including optional charges rebates and credits 47 CFR 76 1619 a enhanced display page 244 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1619 b Multichannel Video and Cable Television Service b In case of a billing dispute the cable operator must respond to a written complaint from a subscriber within 30 days The required response may be delivered by email if the consumer used email to make the request or complaint directly to the cable operator or if the consumer specifies email as the preferred delivery method in the request or complaint c A cable franchise authority may enforce the customer service standards set forth in this section against cable operators The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards 65 FR 53617 Sept 5 2000 as amended at 83 FR 66158 Dec 26 2018 76 1620 Availability of signals If a cable operator authorizes subscribers to install additional receiver connections but does not provide the subscriber with such connections or with the equipment and materials for such connections the operator shall notify such subscribers of all broadcast stations carried on the cable system which cannot be viewed via cable without a converter box and shall offer to sell or lease such a converter box to such subscribers Such notification must be provided by June 2 1993 and annually thereafter and to each | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
new subscriber upon initial installation The notice which may be included in routine billing statements shall identify the signals that are unavailable without an additional connection the manner for obtaining such additional connection and instructions for installation 76 1621 76 1622 Reserved Subpart U Documents to be Maintained for Inspection Source 65 FR 53621 Sept 5 2000 unless otherwise noted 76 1700 Records to be maintained by cable system operators a Public inspection file The following records must be placed in the online public file hosted by the Commission except as indicated in paragraph d of this section 1 Political file All requests for cablecast time made by or on behalf of a candidate for public office and all other information required to be maintained pursuant to 76 1701 2 Equal employment opportunity All EEO materials described in 76 1702 except for any EEO program annual reports which the Commission will link to the electronic version of all systems public inspection files 3 Commercial records on children s programs Sufficient records to verify compliance with 76 225 in accordance with 76 1703 4 Reserved 5 Leased access If a cable operator adopts and enforces written policy regarding indecent leased access programming such a policy shall be published in accordance with 76 1707 6 Availability of signals The operator of every cable television system shall maintain a list of all broadcast television stations carried by its system in fulfillment of the must carry requirements in accordance with 76 1709 47 CFR 76 1700 a 6 enhanced display page 245 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1700 a 7 Multichannel Video and Cable Television Service 7 Reserved 8 Sponsorship identification Whenever sponsorship announcements are omitted pursuant to 76 1615 f of | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
Subpart T the cable television system operator shall maintain a list in accordance with 76 1715 9 Compatibility with consumer electronics equipment Cable system operators generally may not scramble or otherwise encrypt signals carried on the basic service tier Copies of requests for waivers of this prohibition must be available in the public inspection file in accordance with 76 630 b Information available to the franchisor These records must be made available by cable system operators to local franchising authorities on reasonable notice and during regular business hours except as indicated in paragraph d of this section 1 Proof of performance test data The proof of performance tests shall be made available upon request in accordance with 76 1704 2 Complaint resolution Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered Aggregate data based upon these complaints shall be made available for inspection in accordance with 76 1713 c Information available to the Commission These records must be made available by cable system operators to the Commission on reasonable notice and during regular business hours except as indicated in paragraph d of this section 1 Proof of performance test data The proof of performance tests shall be made available upon request in accordance with 76 1704 2 Signal leakage logs and repair records Cable operators shall maintain a log showing the date and location of each leakage source in accordance with 76 1706 3 Emergency alert system and activations Every cable system shall keep a record of each test and activation of the Emergency Alert System EAS The test is performed pursuant to the procedures and requirements of part 11 of this chapter and the EAS Operating Handbook The records are kept in accordance with part 11 of this | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
chapter and 76 1711 4 Complaint resolution Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered Aggregate data based upon these complaints shall be made available for inspection in accordance with 76 1713 5 Subscriber records and public inspection file The operator of a cable television system shall make the system its public inspection file and its records of subscribers available for inspection upon request in accordance with 76 1716 d Exceptions to the public inspection file requirements The operator of every cable television system having fewer than 1 000 subscribers is exempt from the online public file and from the public record requirements contained in 76 1701 political file 76 1702 EEO records available for public inspection 76 1703 commercial records for children s programming 76 1704 proof of performance test data 76 1706 signal leakage logs and repair records 76 1714 Familiarity with FCC rules and 76 1715 sponsorship identification 47 CFR 76 1700 d enhanced display page 246 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1700 e Multichannel Video and Cable Television Service e Location of records For cable television systems exempt from the online public file requirement pursuant to paragraph d of this section public file material that continues to be retained at the system shall be retained in a public inspection file maintained at the office in the community served by the system that the system operator maintains for the ordinary collection of subscriber charges resolution of subscriber complaints and other business and if the system operator does not maintain such an office in the community at any accessible place in the communities served by the system such as a public registry for documents | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
or an attorney s office Public file locations will be open at least during normal business hours and will be conveniently located The public inspection file shall be available for public inspection at any time during regular business hours for the facility where they are kept All or part of the public inspection file may be maintained in a computer database as long as a computer terminal capable of accessing the database is made available at the location of the file to members of the public who wish to review the file f Links and contact and geographic information A system must provide a link to the public inspection file hosted on the Commission s website from the home page of its own website if the system has a website and provide contact information on its website for a system representative who can assist any person with disabilities with issues related to the content of the public files A system also is required to include in the online public file the address of the system s local public file if the system is exempt from the online public file requirement pursuant to paragraph d of this section but opts to use it in part while retaining certain documents in the local file that are not available in the Commission s online file and the name phone number and email address of the system s designated contact for questions about the public file In addition a system must provide on the online public file a list of the five digit ZIP codes served by the system To the extent this section refers to the local public inspection file it refers to the public file of a physical system which is either maintained at the location described in paragraph e of this | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
section or on the Commission s website depending upon where the documents are required to be maintained under the Commission s rules g Reproduction of records Copies of any material in the public inspection file that is not also available in the Commission s online file shall be available for machine reproduction upon request made in person provided the requesting party shall pay the reasonable cost of reproduction Requests for machine copies shall be fulfilled at a location specified by the system operator within a reasonable period of time which in no event shall be longer than seven days The system operator is not required to honor requests made by mail but may do so if it chooses 81 FR 10125 Feb 29 2016 as amended at 82 FR 11412 Feb 23 2017 83 FR 13683 Mar 30 2018 84 FR 18409 May 1 2019 85 FR 21078 Apr 16 2020 85 FR 73429 Nov 18 2020 76 1701 Political file a Every cable television system operator engaged in origination programming shall maintain and make available for public inspection a complete record of a request to purchase cablecast time that 1 Is made by or on behalf of a legally qualified candidate for public office or 2 Communicates a message relating to any political matter of national importance including i A legally qualified candidate ii Any election to Federal office or iii A national legislative issue of public importance 47 CFR 76 1701 a 2 iii enhanced display page 247 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1701 b Multichannel Video and Cable Television Service b A record maintained under paragraph a shall contain information regarding 1 Whether the request to purchase cablecast time is accepted or rejected by the | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
cable television system operator 2 The rate charged for the cablecast time 3 The date and time on which the communication is aired 4 The class of time that is purchased 5 The name of the candidate to which the communication refers and the office to which the candidate is seeking election the election to which the communication refers or the issue to whih the communication refers as applicable 6 In the case of a request made by or on behalf of a candidate the name of the candidate the authorized committee of the candidate and the treasurer of such committee and 7 In the case of any other request the name of the person purchasing the time the name address and phone number of a contact person for such person and a list of the chief executive officers or members of the executive committee or of the board of directors of such person c When free time is provided for use by or on behalf of candidates a record of the free time provided shall be placed in the political file d All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for a period of two years As soon as possible means immediately absent unusual circumstances e Where origination cablecasting material is a political matter or matter involving the discussion of a controversial issue of public importance and a corporation committee association or other unincorporated group or other entity is paying for or furnishing the matter the system operator shall in addition to making the announcement required by 76 1615 require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation committee association or | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
other unincorporated group or other entity shall be made available for public inspection at the local office of the system Such lists shall be kept and made available for two years 65 FR 53621 Sept 5 2000 as amended at 83 FR 7631 Feb 22 2018 87 FR 7755 Feb 10 2022 87 FR 33441 June 2 2022 76 1702 Equal employment opportunity a Every employment unit with six or more full time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to 76 77 and the equal employment opportunity program information described in paragraph b of this section These materials shall be placed in the Commission s online public inspection file s maintained on the Commission s database for each cable system associated with the employment unit These materials shall be placed in the Commission s online public inspection file annually by the date that the unit s EEO program annual report is due to be filed and shall be retained for a period of five years A headquarters employment unit file and a file containing a consolidated set of all documents pertaining to the other employment units of a multichannel video programming distributor that operates multiple units shall be maintained in the online public inspection file s maintained on the Commission s database for every cable system associated with the headquarters employment unit 47 CFR 76 1702 a enhanced display page 248 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1702 b Multichannel Video and Cable Television Service b The following equal employment opportunity program information shall be included annually in the unit s public file and on the unit s web site if it has one | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
at the time of the filing of its FCC Form 396 C 1 A list of all full time vacancies filled by the multichannel video programming distributor employment unit during the preceding year identified by job title 2 For each such vacancy the recruitment source s utilized to fill the vacancy including if applicable organizations entitled to notification pursuant to 76 75 b 1 ii of this section which should be separately identified identified by name address contact person and telephone number 3 The recruitment source that referred the hiree for each full time vacancy during the preceding year 4 Data reflecting the total number of persons interviewed for full time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies and 5 A list and brief description of the initiatives undertaken pursuant to 76 75 b 2 during the preceding year if applicable 68 FR 693 Jan 7 2003 as amended at 81 FR 10126 Feb 29 2016 76 1703 Commercial records on children s programs Cable operators airing children s programming must maintain records sufficient to verify compliance with 76 225 and make such records available to the public Such records must be maintained for a period sufficient to cover the limitations period specified in 47 U S C 503 b 6 B 76 1704 Proof of performance test data a The proof of performance tests required by 76 601 shall be maintained on file at the operator s local business office for at least five years The test data shall be made available for inspection by the Commission or the local franchiser upon request b The provisions of paragraph a of this section shall not apply to any cable television system having fewer than 1 | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
000 subscribers subject to the requirements of 76 601 d Note to 76 1704 If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance with 76 601 such a log must be retained for the period specified in 76 601 d 76 1705 Reserved 76 1706 Signal leakage logs and repair records Cable operators shall maintain a log showing the date and location of each leakage source identified pursuant to 76 614 the date on which the leakage was repaired and the probable cause of the leakage The log shall be kept on file for a period of two years and shall be made available to authorized representatives of the Commission upon request Note to 76 1705 If a signal leakage log is being used to meet proof of performance test 47 CFR 76 1706 enhanced display page 249 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1707 Multichannel Video and Cable Television Service recordkeeping requirements in accordance with 76 601 such a log must be retained for the period specified in 76 601 d 76 1707 Leased access If a cable operator adopts and enforces a written policy regarding indecent leased access programming pursuant to 76 701 such a policy will be considered published pursuant to that rule by inclusion of the written policy in the operator s public inspection file 76 1708 Reserved 76 1709 Availability of signals a The operator of every cable television system shall maintain for public inspection a file containing a list of all broadcast television stations carried by its system in fulfillment of the must carry requirements pursuant to 76 56 Such list shall include the call sign community of license broadcast channel number cable channel | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
number and in the case of a noncommercial educational broadcast station whether that station was carried by the cable system on March 29 1990 b Such records must be maintained in accordance with the provisions of 76 1700 c A cable operator shall respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the requirements of 76 56 65 FR 53621 Sept 5 2000 as amended at 81 FR 10126 Feb 29 2016 76 1711 Emergency alert system EAS tests and activation Every cable system of 1 000 or more subscribers shall keep a record of each test and activation of the Emergency Alert System EAS procedures pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook These records shall be kept for three years 76 1712 Open video system OVS requests for carriage An open video system operator shall maintain a file of qualified video programming providers who have requested carriage or additional carriage since the previous allocation of capacity Information regarding how a video programming provider should apply for carriage must be made available upon request Note 1 to 76 1712 An open video system operator will not be required to comply with the regulations contained in this section if there is no open capacity to be allocated at the end of the three year period described in 76 1503 c 2 ii 76 1713 Complaint resolution Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered Aggregate data based upon these complaints shall be made available for inspection by the Commission and franchising authorities upon request These records shall be maintained for at least a one | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
year period 47 CFR 76 1713 enhanced display page 250 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1714 Multichannel Video and Cable Television Service Note 1 to 76 1713 Prior to being referred to the Commission complaints from subscribers about the quality of the television signal delivered must be referred to the local franchising authority and the cable system operator 76 1714 Familiarity with FCC rules a The operator of a cable television system is expected to be familiar with the rules governing cable television systems and if subject to the Emergency Alert System EAS rules contained in part 11 of this chapter the EAS rules Copies of the Commission s rules may be obtained from the Superintendent of Documents Government Publishing Office Washington DC 20401 at nominal cost or accessed online at https www ecfr gov or https www gpo gov fdsys browse collectionCfr action collectionCode CFR Copies of the EAS Operating Handbook may be accessed online at https www fcc gov general eas test reporting system b The provisions of paragraph a of this section are not applicable to any cable television system serving fewer than 1000 subscribers c Both the licensee of a cable television relay station CARS and the operator or operators responsible for the proper operation of the station are expected to be familiar with the rules governing cable television relay stations Copies of the Commission s rules may be obtained from the Superintendent of Documents Government Publishing Office Washington DC 20401 at nominal cost or accessed online at https www ecfr gov or https www gpo gov fdsys browse collectionCfr action collectionCode CFR 65 FR 53621 Sept 5 2000 as amended at 83 FR 13683 Mar 30 2018 76 1715 Sponsorship identification Whenever sponsorship | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
announcements are omitted pursuant to 76 1615 f of subpart T the cable television system operator shall observe the following conditions a Maintain a list showing the name address and where available the telephone number of each advertiser b Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list 76 1716 Subscriber records and public inspection file The operator of a cable television system shall make the system its public inspection file and its records of subscribers available for inspection upon request by an authorized representative of the Commission at any reasonable hour 76 1717 Compliance with technical standards Each system operator shall be prepared to show on request by an authorized representative of the Commission or the local franchising authority that the system does in fact comply with the technical standards rules in part 76 subpart K Subpart V Reports and Filings Source 65 FR 53623 Sept 5 2000 unless otherwise noted 47 CFR 76 1717 enhanced display page 251 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1800 Multichannel Video and Cable Television Service 76 1800 Additional reports and filings In addition to the reports and filings required by this subpart cable operators must provide all notifications which are required by 1 1155 of this chapter annual regulatory user fees In addition all cable systems subject to rate regulation must file FCC rate forms pursuant to the Commission s rate rules contained in subparts N and R of this part Note 1 to 76 1800 Cable operators are required by the Copyright Act to make semi annual filings of Statements of Account with the Licensing Division of the Copyright Office Library of Congress Washington DC 20557 Note | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
2 to 76 1800 The Commission may require certain financial information to be submitted pursuant to Section 623 g of the Communications Act 47 U S C 543 g 76 1801 Registration statement a A system community unit shall be authorized to commence operation only after filing with the Commission the following information on FCC Form 322 1 The legal name of the operator entity identification or social security number and whether the operator is an individual private association partnership or corporation If the operator is a partnership the legal name of the partner responsible for communications with the Commission shall be supplied 2 The assumed name if any used for doing business in the community 3 The mailing address including zip code e mail address if applicable and telephone number to which communications are to be directed 4 The month and year the system began service to subscribers 5 The name of the community or area served and the county in which it is located 6 The television broadcast signals to be carried which previously have not been certified or registered and 7 The FCC Registration Number FRN b Registration statements FCC Form 322 shall be signed by the operator by one of the partners if the operator is a partnership by an officer if the operator is a corporation by a member who is an officer if the operator is an unincorporated association or by any duly authorized employee of the operator c Registration statements FCC Form 322 may be signed by the operator s attorney in case of the operator s physical disability or of his absence from the United States The attorney shall in that event separately set forth the reasons why the registration statement was not signed by the operator In addition if any matter | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
is stated on the basis of the attorney s belief only rather than the attorney s knowledge the attorney shall separately set forth the reasons for believing that such statements are true 68 FR 27003 May 19 2003 47 CFR 76 1801 c enhanced display page 252 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1802 Multichannel Video and Cable Television Service 76 1802 Annual employment report Each employment unit with six or more full time employees shall file an annual employment report on FCC Form 395 A with the Commission on or before September 30 of each year Note to 76 1802 Data concerning the gender race and ethnicity of an employment unit s workforce collected in the annual employment report will be used only for purposes of analyzing industry trends and making reports to Congress Such data will not be used for the purpose of assessing any aspect of an individual employment unit s compliance with our EEO rules for multi channel video program distributors 69 FR 34954 June 23 2004 76 1803 Signal leakage monitoring MVPDs subject to 76 611 must submit the results of ground based measurements derived in accordance with 76 611 a 1 or airspace measurements derived in accordance with 76 611 a 2 including a description of the method by which compliance with basic signal leakage criteria is achieved and the method of calibrating the measurement equipment This information shall be provided to the Commission each calendar year via FCC Form 320 68 FR 27003 May 19 2003 76 1804 Aeronautical frequencies leakage monitoring CLI An MVPD shall notify the Commission before transmitting any digital signal with average power exceeding 10 5 watts across a 30 kHz bandwidth in a 2 5 millisecond time | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
period or for other signal types any carrier of other signal component with an average power level across a 25 kHz bandwidth in any 160 microsecond time period equal to or greater than 10 4 watts at any point in the cable distribution system on any new frequency or frequencies in the aeronautical radio frequency bands 108 137 MHz 225 400 MHz The notification shall be made on FCC Form 321 Such notification shall include a Legal name and local address of the MVPD b The names and FCC identifiers e g CA0001 of the system communities affected for a cable system and the name and FCC identifier e g CAB901 for other MVPDs c The names and telephone numbers of local system officials who are responsible for compliance with 76 610 through 76 616 and 76 1803 d Carrier frequency tolerance and type of modulation of all carriers in the aeronautical bands at any location in the cable distribution system and the maximum of those average powers measured over a 2 5 kHz bandwidth as described in the introductory paragraph to this rule section e The geographical coordinates in NAD83 of a point near the center of the system together with the distance in kilometers from the designated point to the most remote point of the plant existing or planned that defines a circle enclosing the entire plant 47 CFR 76 1804 e enhanced display page 253 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1804 f Multichannel Video and Cable Television Service f Certification that the monitoring procedure used is in compliance with 76 614 or description of the routine monitoring procedure to be used and g For MVPDs subject to 76 611 the cumulative signal leakage index derived | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
under 76 611 a 1 or the results of airspace measurements derived under 76 611 a 2 including a description of the method by which compliance with the basic signal leakage criteria is achieved and the method of calibrating the measurement equipment h Aeronautical Frequency Notifications FCC Form 321 shall be personally signed either electronically or manually by the operator by one of the partners if the operator is a partnership by an officer if the operator is a corporation by a member who is an officer if the operator is an unincorporated association or by any duly authorized employee of the operator i Aeronautical Frequency Notifications FCC Form 321 may be signed by the operator s attorney in case of the operator s physical disability or of his absence from the United States The attorney shall in that event separately set forth the reasons why the FCC Form 321 was not signed by the operator In addition if any matter is stated on the basis of the attorney s belief only rather than the attorney s knowledge the attorney shall separately set forth the reasons for believing that such statements are true j The FCC Registration Number FRN 68 FR 27003 May 19 2003 as amended at 83 FR 7631 Feb 22 2018 76 1805 Alternative rate regulation agreements Small systems owned by small cable companies must file with the Commission a copy of any operative alternative rate regulation agreement entered into with a local franchising authority pursuant to 76 934 g within 30 days after its effective date Subpart W Encoding Rules Source 68 FR 66735 Nov 28 2003 unless otherwise noted 76 1901 Applicability a Each multi channel video programming distributor shall comply with the requirements of this subpart b This subpart shall not apply to distribution | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of any content over the Internet nor to a multichannel video programming distributor s operations via cable modem or DSL c With respect to cable system operators this subpart shall apply only to cable services This subpart shall not apply to cable modem services whether or not provided by a cable system operator or affiliate 76 1902 Definitions a Commercial advertising messages shall mean with respect to any service program or schedule or group of programs commercial advertising messages other than 1 Advertising relating to such service itself or the programming contained therein 2 Interstitial programming relating to such service itself or the programming contained therein or 47 CFR 76 1902 a 2 enhanced display page 254 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1902 a 3 Multichannel Video and Cable Television Service 3 Any advertising which is displayed concurrently with the display of any part of such program s including but not limited to bugs frames and banners b Commercial audiovisual content shall mean works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors viewers or electronic equipment together with accompanying sounds if any regardless of the nature of the material objects such as films or tapes in which the works are embodied transmitted by a covered entity and that are 1 Not created by the user of a covered product and 2 Offered for transmission either generally or on demand to subscribers or purchasers or the public at large or otherwise for commercial purposes not uniquely to an individual or a small private group c Commercially adopted access control method shall mean any commercially adopted access control method including digitally controlled analog | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
scrambling systems whether now or hereafter in commercial use d Copy never shall mean with respect to commercial audiovisual content the encoding of such content so as to signal that such content may not to be copied by a covered product e Copy one generation shall mean with respect to commercial audiovisual content the encoding of such content so as to permit a first generation of copies to be made by a covered product but not copies of such first generation of copies f Copy no more shall mean with respect to commercial audiovisual content the encoding of such content so as to reflect that such content is a first generation copy of content encoded as copy one generation and no further copies are permitted g Covered product shall mean a device used by consumers to access commercial audiovisual content offered by a covered entity excluding delivery via cable modem or the Internet and any device to which commercial audiovisual content so delivered from such covered product may be passed directly or indirectly h Covered entity shall mean any entity that is subject to this subpart i Defined business model shall mean video on demand pay per view pay television transmission non premium subscription television free conditional access delivery and unencrypted broadcast television j Encode shall mean in the transmission of commercial audiovisual content to pass attach embed or otherwise apply to associate with or allow to persist in or remain associated with such content data or information which when read or responded to in a covered device has the effect of preventing pausing or limiting copying or constraining the resolution of a program when output from the covered device k Encoding rules shall mean the requirements or prohibitions describing or limiting encoding of audiovisual content as set forth in | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
this subpart l Free conditional access delivery shall mean a delivery of a service program or schedule or group of programs via a commercially adopted access control method where viewers are not charged any fee other than government mandated fees for the reception or viewing of the programming contained therein other than unencrypted broadcast television 47 CFR 76 1902 l enhanced display page 255 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1902 m Multichannel Video and Cable Television Service m Non premium subscription television shall mean a service or schedule or group of programs which may be offered for sale together with other services or schedule or group of programs for which subscribers are charged a subscription fee for the reception or viewing of the programming contained therein other than pay television subscription on demand and unencrypted broadcast television By way of example basic cable service and extended basic cable service other than unencrypted broadcast television are non premium subscription television n Pay per view shall mean a delivery of a single program or a specified group of programs as to which each such single program is generally uninterrupted by commercial advertising messages and for which recipients are charged a separate fee for each program or specified group of programs The term pay per view shall also include delivery of a single program for which multiple start times are made available at time intervals which are less than the running time of such program as a whole If a given delivery qualifies both as pay per view and a pay television transmission then for purposes of this subpart such delivery shall be deemed pay per view rather than a pay television transmission o Pay television transmission shall mean a transmission | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
of a service or schedule of programs as to which each individual program is generally uninterrupted by commercial advertising messages and for which service or schedule of programs subscribing viewers are charged a periodic subscription fee such as on a monthly basis for the reception of such programming delivered by such service whether separately or together with other services or programming during the specified viewing period covered by such fee If a given delivery qualifies both as a pay television transmission and pay per view video on demand or subscription on demand then for purposes of this subpart such delivery shall be deemed pay per view video on demand or subscription on demand rather than a pay television transmission p Program shall mean any work of commercial audiovisual content q Subscription on demand shall mean the delivery of a single program or a specified group of programs for which 1 A subscriber is able at his or her discretion to select the time for commencement of exhibition thereof 2 Where each such single program is generally uninterrupted by commercial advertising messages and 3 For which program or specified group of programs subscribing viewers are charged a periodic subscription fee for the reception of programming delivered by such service during the specified viewing period covered by the fee In the event a given delivery of a program qualifies both as a pay television transmission and subscription on demand then for purposes of this subpart such delivery shall be deemed subscription on demand rather than a pay television transmission r Undefined business model shall mean a business model that does not fall within the definition of a defined business model s Unencrypted broadcast television means any service program or schedule or group of programs that is a substantially simultaneous retransmission of a | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
broadcast transmission i e an over the air transmission for reception by the general public using radio frequencies allocated for that purpose that is made by a terrestrial television broadcast station located within the country or territory in which the entity retransmitting such broadcast transmission also is located where such broadcast transmission is not subject to a commercially adopted access control method e g is broadcast in the clear to members of the public receiving such broadcasts regardless of whether such entity subjects such retransmission to an access control method 47 CFR 76 1902 s enhanced display page 256 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1902 t Multichannel Video and Cable Television Service t Video on demand shall mean a delivery of a single program or a specified group of programs for which 1 Each such individual program is generally uninterrupted by commercial advertising messages 2 Recipients are charged a separate fee for each such single program or specified group of programs and 3 A recipient is able at his or her discretion to select the time for commencement of exhibition of such individual program or specified group of programs In the event a delivery qualifies as both video on demand and a pay television transmission then for purposes of this subpart such delivery shall be deemed video on demand 68 FR 66735 Nov 28 2003 as amended at 69 FR 4082 Jan 28 2004 76 FR 40280 July 8 2011 76 1903 Interfaces A covered entity shall not attach or embed data or information with commercial audiovisual content or otherwise apply to associate with or allow such data to persist in or remain associated with such content so as to prevent its output through any analog or digital | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
output authorized or permitted under license law or regulation governing such covered product 76 1904 Encoding rules for defined business models a Commercial audiovisual content delivered as unencrypted broadcast television shall not be encoded so as to prevent or limit copying thereof by covered products or to constrain the resolution of the image when output from a covered product b Except for a specific determination made by the Commission pursuant to a petition with respect to a defined business model other than unencrypted broadcast television or an undefined business model subject to the procedures set forth in 76 1906 1 Commercial audiovisual content shall not be encoded so as to prevent or limit copying thereof except as follows i To prevent or limit copying of video on demand or pay per view transmissions subject to the requirements of paragraph b 2 of this section and ii To prevent or limit copying other than first generation of copies of pay television transmissions non premium subscription television and free conditional access delivery transmissions and 2 With respect to any commercial audiovisual content delivered or transmitted in form of a video on demand or pay per view transmission a covered entity shall not encode such content so as to prevent a covered product without further authorization from pausing such content up to 90 minutes from initial transmission by the covered entity e g frame by frame minute by minute megabyte by megabyte 76 1905 Petitions to modify encoding rules for new services within defined business models a The encoding rules for defined business models in 76 1904 reflect the conventional methods for packaging programs in the MVPD market as of December 31 2002 and are presumed to be the appropriate rules for defined business models A covered entity may petition the Commission for | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
approval to allow within a defined business model other than unencrypted broadcast television the encoding of a 47 CFR 76 1905 a enhanced display page 257 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1905 b Multichannel Video and Cable Television Service new service in a manner different from the encoding rules set forth in 76 1904 b 1 and 2 No such petition will be approved under the public interest test set forth in paragraph c 4 of this section unless the new service differs from existing services provided by any covered entity under the applicable defined business model prior to December 31 2002 b Petitions A petition to encode a new service within a defined business model other than as permitted by the encoding rules set forth in 76 1904 b 1 and 2 shall describe 1 The defined business model the new service and the proposed encoding terms including the use of copy never and copy one generation encoding and the encoding of content with respect to pause set forth in 76 1904 b 2 2 Whether the claimed benefit to consumers of the new service including but not limited to the availability of content in earlier release windows more favorable terms innovation or original programming outweighs the limitation on the consumers control over the new service 3 The ways in which the new service differs from existing services offered by any covered entity within the applicable defined business model prior to December 31 2002 4 All other pertinent facts and considerations relied on to support a determination that grant of the petition would serve the public interest 5 Factual allegations shall be supported by affidavit or declaration of a person or persons with actual knowledge of the | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
facts and exhibits shall be verified by the person who prepares them c Petition process 1 Public notice The Commission shall give public notice of any such petition 2 Comments Interested persons may submit comments or oppositions to the petition within thirty 30 days after the date of public notice of the filing of such petition Comments or oppositions shall be served on the petitioner and on all persons listed in petitioner s certificate of service and shall contain a detailed full statement of any facts or considerations relied on Factual allegations shall be supported by affidavit or declaration of a person or persons with actual knowledge of the facts and exhibits shall be verified by the person who prepares them 3 Replies The petitioner may file a reply to the comments or oppositions within ten 10 days after their submission which shall be served on all persons who have filed pleadings and shall also contain a detailed full showing supported by affidavit or declaration of any additional facts or considerations relied on There shall be no further pleadings filed after petitioner s reply unless authorized by the Commission 4 Commission determination as to encoding rules for a new service within a defined business model i Proceedings initiated by petitions pursuant to this section shall be permit but disclose proceedings unless otherwise specified by the Commission The covered entity shall have the burden of proof to establish that the proposed change in encoding rules for a new service is in the public interest In making its determination the Commission shall take into account the following factors A Whether the benefit to consumers of the new service including but not limited to earlier release windows more favorable terms innovation or original programming outweighs the limitation on the consumers control over the | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
new service 47 CFR 76 1905 c 4 i A enhanced display page 258 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1905 c 4 i B Multichannel Video and Cable Television Service B Ways in which the new service differs from existing services offered by any covered entity within the applicable defined business model prior to December 31 2002 and ii The Commission may specify other procedures such as oral argument evidentiary hearing or further written submissions directed to particular aspects as it deems appropriate iii A petition may upon request of the petitioner be dismissed without prejudice as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the petition A petitioner s request for the return of a petition will be regarded as a request for dismissal d Complaint regarding a new service not subject to petition In an instance in which an interested party has a substantial basis to believe and does believe in good faith that a new service within a defined business model has been launched without a petition as required by this section such party may file a complaint pursuant to 76 7 76 1906 Encoding rules for undefined business models a Upon public notice and subject to requirements as set forth herein a covered entity may launch a program service pursuant to an undefined business model Subject to Commission review upon complaint the covered entity may initially encode programs pursuant to such undefined business model without regard to limitations set forth in 76 1904 b 1 Notice Concurrent with the launch of an undefined business model by a covered entity the covered entity shall issue a press release to the PR Newswire so | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
as to provide public notice of the undefined business model and the proposed encoding terms The notice shall provide a concise summary of the commercial audiovisual content to be provided pursuant to the undefined business model and of the terms on which such content is to be available to consumers Immediately upon request from a party entitled to be a complainant the covered entity shall make available information that indicates the proposed encoding terms including the use of copy never or copy one generation encoding and the encoding of content with respect to pause as defined in 76 1904 b 2 2 Complaint process Any interested party complainant may file a complaint with the Commission objecting to application of encoding as set forth in the notice i Pre complaint resolution Prior to initiating a complaint with the Commission under this section the complainant shall notify the covered entity that it may file a complaint under this section The notice must be sufficiently detailed so that the covered entity can determine the specific nature of the potential complaint The potential complainant must allow a minimum of thirty 30 days from such notice before filing such complaint with the Commission During this period the parties shall endeavor in good faith to resolve the issue s in dispute If the parties fail to reach agreement within this 30 day period complainant may initiate a complaint in accordance with the procedures set forth herein ii Complaint Within two years of publication of a notice under paragraph a 1 of this section a complainant may file a complaint with the Commission objecting to application of the encoding terms to the service at issue Such complaint shall state with particularity the basis for objection to the encoding terms A The complaint shall contain the name and | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
address of the complainant and the name and address of the covered entity 47 CFR 76 1906 a 2 ii A enhanced display page 259 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 1906 a 2 ii B Multichannel Video and Cable Television Service B The complaint shall be accompanied by a certification of service on the named covered entity C The complaint shall set forth with specificity all information and arguments relied upon Specific factual allegations shall be supported by a declaration of a person or persons with actual knowledge of the facts and exhibits shall be verified by the person who prepares them D The complaint shall set forth attempts made by the complainant to resolve its complaint pursuant to paragraph a 2 i of this section iii Public notice The Commission shall give public notice of the filing of the complaint Once the Commission has issued such public notice any person otherwise entitled to be a complainant shall instead have the status of a person submitting comments under paragraph a 2 iv of this section rather than a complainant iv Comments and reply A Any person may submit comments regarding the complaint within thirty 30 days after the date of public notice by the Commission Comments shall be served on the complainant and the covered entity and on any persons listed in relevant certificates of service and shall contain a detailed full statement of any facts or considerations relied on Specific factual allegations shall be supported by a declaration of a person or persons with actual knowledge of the facts and exhibits shall be verified by the person who prepares them B The covered entity may file a response to the complaint and comments within twenty 20 days | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
after the date that comments are due Such response shall be served on all persons who have filed complaints or comments and shall also contain a detailed full showing supported by affidavit or declaration of any additional facts or considerations relied on Replies shall be due ten 10 days from the date for filing a response v Basis for Commission determination as to encoding terms for an undefined business model In a permit but disclose proceeding unless otherwise specified by the Commission to determine whether encoding terms as noticed may be applied to an undefined business model the covered entity shall have the burden of proof to establish that application of the encoding terms in the undefined business model is in the public interest In making any such determination the Commission shall take into account the following factors A Whether the benefit to consumers of the new service including but not limited to earlier release windows more favorable terms innovation or original programming outweighs the limitation on the consumers control over the new service B Ways in which the new service differs from services offered by any covered entity prior to December 31 2002 vi Determination procedures The Commission may specify other procedures such as oral argument evidentiary hearing or further written submissions directed to particular aspects as it deems appropriate b Complaint regarding a service not subject to notice In an instance in which an interested party has a substantial basis to believe and believes in good faith that a service pursuant to an undefined business model has been launched without requisite notice such party may file a complaint pursuant to 76 7 47 CFR 76 1906 b enhanced display page 260 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
1907 Multichannel Video and Cable Television Service 76 1907 Temporary bona fide trials The obligations and procedures as to encoding rules set forth in 76 1904 b and c and 76 1905 a and b do not apply in the case of a temporary bona fide trial of a service 76 1908 Certain practices not prohibited Nothing in this subpart shall be construed as prohibiting a covered entity from a Encoding storing or managing commercial audiovisual content within its distribution system or within a covered product under the control of a covered entity s commercially adopted access control method provided that the outcome for the consumer from the application of the encoding rules set out in 76 1904 a and b is unchanged thereby when such commercial audiovisual content is released to consumer control and provided that all other laws regulations or licenses applicable to such encoding storage or management shall be unaffected by this section or b Causing with respect to a specific covered product the output of content from such product in a format as necessary to match the display format of another device connected to such product including but not limited to providing for content conversion between widely used formats for the transport processing and display of audiovisual signals or data such as between analog and digital formats and between PAL and NTSC or RGB and Y Pb Pr 68 FR 66735 Nov 28 2003 as amended at 76 FR 40280 July 8 2011 76 1909 Redistribution control of unencrypted digital terrestrial broadcast content a For the purposes of this section the terms unencrypted digital terrestrial broadcast content EIT PMT broadcast flag covered demodulator product and marked content shall have the same meaning as set forth in 73 9000 of this chapter b Encrypted retransmission Where a | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
multichannel video programming distributor retransmits unencrypted digital terrestrial broadcast content in encrypted form such distributor shall upon demodulation of the 8 VSB 16 VSB 64 QAM or 256 QAM signal inspect either the EIT or PMT for the broadcast flag and if the broadcast flag is present 1 Securely and robustly convey that information to the consumer product used to decrypt the distributor s signal information and 2 Require that such consumer product following such decryption protect the content of such signal as if it were a covered demodulator product receiving marked content c Unencrypted retransmission Where a multichannel video programming distributor retransmits unencrypted digital terrestrial broadcast content in unencrypted form such distributor shall upon demodulation 1 Preserve the broadcast flag if present in both the EIT and PMT and 2 Use 8 VSB 16 VSB 64 QAM or 256 QAM signal modulation for the retransmission d Unmarked content Where a multichannel video programming distributor retransmits unencrypted digital terrestrial broadcast content that is not marked with the broadcast flag the multichannel video programming distributor shall not encode such content to restrict its redistribution 47 CFR 76 1909 d enhanced display page 261 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 Multichannel Video and Cable Television Service 68 FR 67607 Dec 3 2003 Subpart X Access to MDUs 76 2000 Exclusive access to multiple dwelling units generally a Prohibition No cable operator or other provider of MVPD service subject to 47 U S C 548 shall enforce or execute any provision in a contract that grants to it the exclusive right to provide any video programming service alone or in combination with other services to a MDU All such exclusivity clauses are null and void b Prohibition of graduated revenue sharing | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
agreements No cable operator or other provider of MVPD service subject to 47 U S C 548 shall enter into or enforce any contract regarding the provision of communications service in a MDU written or oral in which it gives the MDU owner compensation on a graduated basis 1 Definition For purposes of this paragraph b a graduated basis means that the compensation a cable operator or other provider of MVPD service subject to 47 U S C 548 pays to a MDU owner for each tenant served increases as the total number of tenants served by the cable operator or other provider of MVPD service subject to 47 U S C 548 in the MDU increases 2 Compliance dates i Compliance date for new contracts After April 27 2022 no cable operator or other provider of MVPD service subject to 47 U S C 548 shall enter into any contract regarding the provision of communications service in a MDU written or oral in which it gives the MDU owner compensation on a graduated basis ii Compliance date for existing contracts After September 26 2022 no cable operator or other provider of MVPD service subject to 47 U S C 548 shall enforce any contract regarding the provision of communications service in an MDU written or oral in existence as of April 27 2022 in which it gives the MDU owner compensation on a graduated basis c Prohibition of exclusive revenue sharing agreements No cable operator or other provider of MVPD service subject to 47 U S C 548 shall enter into or enforce any contract regarding the provision of communications service in a MDU written or oral in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
tenants 1 Compliance date for new contracts After April 27 2022 no cable operator or other provider of MVPD service subject to 47 U S C 548 shall enter into any contract written or oral in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants 2 Compliance date for existing contracts After September 26 2022 no cable operator or other provider of MVPD service subject to 47 U S C 548 shall enforce any contract regarding the provision of communications service in a MDU written or oral in existence as of April 27 2022 in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants d Required disclosure of exclusive marketing arrangements A cable operator or other provider of MVPD service subject to 47 U S C 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU written or oral in which it receives the exclusive right to market its service to tenants of a MDU 47 CFR 76 2000 d enhanced display page 262 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 d 1 Multichannel Video and Cable Television Service 1 Such disclosure must i Be included on all written marketing material whether electronic or in print that is directed at tenants or prospective tenants of the affected MDU ii Identify the existence of the contract and include a plain language description of the arrangement including that the provider has the right to exclusively market its communications services to tenants in the MDU that such a right does not mean that the provider is the only entity | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
that can provide such services to tenants in the MDU and that service from an alternative provider may be available and iii Be made in a manner that it is clear conspicuous and legible 2 i Compliance date for new contracts After August 22 2022 a cable operator or other provider of MVPD service subject to 47 U S C 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU written or oral in which it receives the exclusive right to market its service to tenants of an MDU ii Compliance date for existing contracts After September 26 2022 a cable operator or other provider of MVPD service subject to 47 U S C 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU written or oral in which it receives the exclusive right to market its service to tenants of an MDU e Definition For purposes of this rule MDU shall include a multiple dwelling unit building such as an apartment building condominium building or cooperative and any other centrally managed residential real estate development such as a gated community mobile home park or garden apartment provided however that MDU shall not include time share units academic campuses and dormitories military bases hotels rooming houses prisons jails halfway houses hospitals nursing homes or other assisted living facilities 73 FR 1089 Jan 7 2008 as amended at 87 FR 17194 Mar 28 2022 87 FR 51269 Aug 22 2022 Alphabetical Index Part 76 A A and B grade contours 76 5 Access Channel enforcement 76 10 Address operator or status change reports 76 400 Aeronautical and marine emergency frequencies Operation near 76 616 Aeronautical band usage Notification requirements 76 615 Authority Special temporary 76 29 B | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
B and A grade contours 76 5 Boundaries TV markets 76 53 Broadcast Sports 76 67 Broadcast station TV 76 5 C 47 CFR 76 2000 e enhanced display page 263 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 e Multichannel Video and Cable Television Service Cable TV channel Classes I II III IV 76 5 Cablecasting 76 5 CATV basic signal leakage performance criteria 76 611 CATV system 76 5 CATV system interference 76 613 Candidates for public office Cablecast by 76 205 Carriage disputes 76 58 Carriage mandatory Expiration of 76 64 Carriage Manner of 76 62 Carriage of other TV signals 76 60 Carriage of TV stations Mandatory 76 56 Carriage of TV stations Mandatory Exemption from 76 70 Channel access enforcement 76 10 Communities Designated 76 51 Community Principal contour 76 5 Community unit 76 5 Consumer education selector switches 76 66 Cross ownership 76 501 D Definitions Part 76 76 5 Designated communities 76 51 Dismissal Special relief petitions 76 8 Disputes concerning carriage 76 58 Doctrine Fairness 76 209 E Editorials Political 76 209 Enforcement Channel access 76 10 Enforcement Lockbox 76 11 Equal employment opportunity Scope 76 71 General Policy 76 73 Program requirements 76 75 Reporting requirements 76 77 Public inspection of records 76 79 Exceptions to rules provisions Network program nonduplication 76 95 Signal leakage performance criteria 76 618 Frequency separation standards 76 618 F Fairness doctrine 76 209 File Public inspection 76 305 47 CFR 76 2000 e enhanced display page 264 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 e Multichannel Video and Cable Television Service Forfeitures 76 9 Forms Report 76 403 Frequency bands 108 136 225 400 | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
MHz Operation in 76 610 Frequency separation standards 76 612 Frequency separation standards Exception to 76 618 Full network station 76 5 G Grandfathering exceptions to rules provisions Non network program exclusivity 76 99 Non applicability of 76 611 and 76 612 76 618 Operation in frequency bands 108 136 225 400 mHz 76 619 H I Identification Sponsorship list retention 76 221 Independent station 76 5 Input selector switches 76 66 Input selector switches consumer education 76 66 Input selector switches Exemption 76 70 Inspection CATV systems by FCC 76 307 Interference from CATV system 76 613 Interference Receiver generated Responsibility 76 617 Isolation Terminal 76 5 J L Leakage measurements Signal 76 601 Leakage Signal performance criteria 76 611 Leakage Signal performance criteria Exception 76 618 List retention Sponsorship identification 76 221 Lockbox enforcement 76 11 Lotteries 76 213 M Mandatory carriage of TV stations 76 56 Mandatory carriage of TV stations Exemption from 76 70 Manner of carriage 76 62 Marine and aeronautical emergency frequencies Operation near 76 716 Major TV markets 76 51 Market size operation provisions Measurements Performance 76 609 Measurements Signal leakage 76 601 Monitoring CATV system 76 614 Must carry requirements 76 55 76 59 76 61 76 64 N Network nonduplication protection extent 76 94 47 CFR 76 2000 e enhanced display page 265 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 e Multichannel Video and Cable Television Service Network nonduplication waivers 76 97 Network program nonduplication Exceptions 76 95 Network program nonduplication Notification 76 94 Network programming 76 5 Network programs nonduplication protection 76 92 Network station Full 76 5 Network station Partial 76 5 Noise System 76 5 Nonduplication protection Network programs 76 92 Non network program exclusivity exceptions 76 | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
99 Notification requirements aeronautical bands 76 615 Notification requirements network nonduplication 76 94 O Operation in frequency bands 108 136 and 225 400 MHz 76 610 Operator address or status change reports 76 400 Order Show cause 76 9 Ownership Cross 76 501 P Partial network station 76 5 Performance measurements 76 609 Personal attacks political cablecasts 76 209 Petitions Dismissal of 76 8 Petitions for waiver 76 7 Political editorials 76 209 Possession of rules 76 301 Prime time 76 5 Program carriages STV 76 64 Programming Network 76 5 Protection extent network nonduplication 76 94 Public inspection file 76 305 Public office Cablecasts by candidates for 76 205 PURPOSE Part 76 76 1 Q Qualified TV station Showing 76 55 R Rate regulation standards 76 33 Receiver generated interference 76 617 Reference points Major smaller markets 76 53 Registration statement signature 76 14 Registration statement 76 12 Relief Special 76 7 47 CFR 76 2000 e enhanced display page 266 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 e Multichannel Video and Cable Television Service Report forms 76 403 Reports Change of operator address status 76 400 Responsibility for receiver generated interference 76 617 Rule waiver 76 7 Rules Possession 76 301 S Selector switches Input 76 66 Selector switches input Exemption 76 70 Show cause order 76 9 Signal leakage measurements 76 601 Signal leakage performance criteria 76 611 Signature registration statement 76 14 Significantly viewed signals 76 54 Special relief 76 7 Special relief petitions Dismissal of 76 8 Special temporary authority 76 29 Specified zone TV station 76 5 Sponsorship identification List retention 76 221 Sports broadcasts 76 67 Standards for rate regulation 76 33 Standards Technical 76 605 Station protection network program nonduplication 76 | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
92 Status operator or address change reports 76 400 Subscriber terminal 76 5 Subscribers 76 5 System community unit 76 5 System inspection by FCC 76 307 System monitoring 76 614 System noise 76 5 T Technical standards 76 605 Terminal isolation 76 5 Terminal Subscriber 76 5 Tests Performance 76 601 Translator station TV 76 5 TV markets Boundaries of 76 53 TV markets Major 76 51 TV signals Carriage non mandatory 76 60 U V Vertical blanking interval Services on 76 64 W 47 CFR 76 2000 e enhanced display page 267 of 268 47 CFR Part 76 up to date as of 2 20 2024 47 CFR 76 2000 e Multichannel Video and Cable Television Service Waiver Network nonduplication 76 97 Waiver Rules 76 7 X Y Z Zone Specified of TV station 76 5 50 FR 38536 Sept 23 1985 50 FR 39114 Sept 27 1985 as amended at 51 FR 34622 Sept 30 1986 52 FR 37316 Oct 6 1987 47 CFR 76 2000 e enhanced display page 268 of 268 | corpus_data/corpus_txt/47-CFR-Part-76-_up-to-date-as-of-2-20-2024_.txt |
47 CFR Part 30 up to date as of 2 20 2024 47 CFR Part 30 Feb 20 2024 Upper Microwave Flexible Use Service This content is from the eCFR and is authoritative but unofficial Title 47 Telecommunication Chapter I Federal Communications Commission Subchapter B Common Carrier Services Part 30 Upper Microwave Flexible Use Service Subpart A General 30 1 Creation of upper microwave flexible use service scope and authority 30 2 Definitions 30 3 Eligibility 30 4 Frequencies 30 5 Service areas 30 6 Permissible communications 30 7 37 37 6 GHz Band Shared coordinated service 30 8 Reserved Subpart B Applications and Licenses 30 101 Initial authorizations 30 102 Transition of existing local multipoint distribution service and 39 GHz licenses 30 103 License term 30 104 Performance requirements 30 105 Geographic partitioning and spectrum disaggregation Subpart C Technical Standards 30 201 Equipment authorization 30 202 Power limits 30 203 Emission limits 30 204 Field strength limits 30 205 Federal coordination requirements 30 206 International coordination 30 207 Radio frequency RF safety 30 208 Operability 30 209 Duplexing Subpart D Competitive Bidding Procedures 30 301 Upper Microwave Flexible Use Service subject to competitive bidding 30 302 Designated entities and bidding credits Subpart E Special Provisions for Fixed Point to Point Fixed Point to Multipoint Hub Stations and Fixed Point to Multipoint User Stations 30 401 Permissible service 30 402 Frequency tolerance 47 CFR Part 30 Feb 20 2024 enhanced display page 1 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR Part 30 Feb 20 2024 Upper Microwave Flexible Use Service 30 403 Bandwidth 30 404 Emission limits 30 405 Transmitter power limitations 30 406 Directional antennas 30 407 Antenna polarization PART 30 UPPER MICROWAVE FLEXIBLE USE SERVICE Authority 47 U S | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
C 151 152 153 154 301 303 304 307 309 310 316 332 1302 unless otherwise noted Source 81 FR 79937 Nov 14 2016 unless otherwise noted Subpart A General 30 1 Creation of upper microwave flexible use service scope and authority As of December 14 2016 Local Multipoint Distribution Service licenses for the 27 5 28 35 GHz band and licenses issued in the 38 6 40 GHz band under part 101 of this chapter shall be reassigned to the Upper Microwave Flexible Use Service Local Multipoint Distribution Service licenses in bands other than 27 5 28 35 GHz shall remain in that service and shall be governed by the part 101 of this chapter applicable to that service 30 2 Definitions The following definitions apply to this part Authorized bandwidth The maximum width of the band of frequencies permitted to be used by a station This is normally considered to be the necessary or occupied bandwidth whichever is greater See 2 202 of this chapter Authorized frequency The frequency or frequency range assigned to a station by the Commission and specified in the instrument of authorization Fixed satellite earth station An earth station intended to be used at a specified fixed point Local Area Operations Operations confined to physical facility boundaries such as a factory Point to Multipoint Hub Station A fixed point to multipoint radio station that provides one way or two way communication with fixed Point to Multipoint Service User Stations Point to Multipoint Service A fixed point to multipoint radio service consisting of point to multipoint hub stations that communicate with fixed point to multipoint user stations Point to Multipoint User Station A fixed radio station located at users premises lying within the coverage area of a Point to Multipoint Hub station using a directional | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
antenna to receive one way communications from or providing two way communications with a fixed Point to Multipoint Hub Station Point to point station A station that transmits a highly directional signal from a fixed transmitter location to a fixed receive location Portable device Transmitters designed to be used within 20 centimeters of the body of the user 47 CFR 30 2 Portable device enhanced display page 2 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 2 Prior coordination Upper Microwave Flexible Use Service Prior coordination A bilateral process conducted prior to filing applications which includes the distribution of the technical parameters of a proposed radio system to potentially affected parties for their evaluation and timely response Secondary operations Radio communications which may not cause interference to operations authorized on a primary basis and which are not protected from interference from these primary operations Transportable station Transmitting equipment that is not intended to be used while in motion but rather at stationary locations Universal Licensing System The Universal Licensing System ULS is the consolidated database application filing system and processing system for all Wireless Radio Services ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services and provides public access to licensing information 30 3 Eligibility Any entity who meets the technical financial character and citizenship qualifications that the Commission may require in accordance with such Act other than those precluded by section 310 of the Communications Act of 1934 as amended 47 U S C 310 is eligible to hold a license under this part 30 4 Frequencies The following frequencies are available for assignment in the Upper Microwave Flexible Use Service a 24 25 24 45 GHz and 24 75 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
25 25 GHz bands 24 25 24 35 GHz 24 35 24 45 GHz 24 75 24 85 GHz 24 85 24 95 GHz 24 95 25 05 GHz 25 05 25 15 GHz and 25 15 25 25 GHz b Reserved c 27 5 GHz 28 35 GHz band 27 5 27 925 GHz and 27 925 28 35 GHz d 38 6 40 GHz band 1 New channel plan Frequency band Channel No limits MHz 1 38 600 38 700 2 38 700 38 800 3 38 800 38 900 4 38 900 39 000 5 39 000 39 100 6 39 100 39 200 7 39 200 39 300 8 39 300 39 400 9 39 400 39 500 10 39 500 39 600 11 39 600 39 700 47 CFR 30 4 d 1 enhanced display page 3 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 4 d 2 Upper Microwave Flexible Use Service Frequency band Channel No limits MHz 12 39 700 39 800 13 39 800 39 900 14 39 900 40 000 2 Pending transition to the new channel plan existing 39 GHz licensees licensed under part 101 of this chapter may continue operating on the following channel plan Channel group A Channel group B Channel No Frequency band limits MHz Channel No Frequency band limits MHz 1 A 38 600 38 650 1 B 39 300 39 350 2 A 38 650 38 700 2 B 39 350 39 400 3 A 38 700 38 750 3 B 39 400 39 450 4 A 38 750 38 800 4 B 39 450 39 500 5 A 38 800 38 850 5 B 39 500 39 550 6 A 38 850 38 900 6 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
B 39 550 39 600 7 A 38 900 38 950 7 B 39 600 39 650 8 A 38 950 39 000 8 B 39 650 39 700 9 A 39 000 39 050 9 B 39 700 39 750 10 A 39 050 39 100 10 B 39 750 39 800 11 A 39 100 39 150 11 B 39 800 39 850 12 A 39 150 39 200 12 B 39 850 39 900 13 A 39 200 39 250 13 B 39 900 39 950 14 A 39 250 39 300 14 B 39 950 40 000 e Reserved f 37 38 6 GHz band 37 600 37 700 37 700 37 800 MHz 37 800 37 900 MHz 37 900 38 000 MHz 38 000 38 100 MHz 38 100 38 200 MHz 38 200 38 300 MHz 38 300 38 400 MHz 38 400 38 500 MHz and 38 500 38 600 MHz The 37 000 37 600 MHz band segment shall be available on a site specific coordinated shared basis with eligible Federal entities g 47 2 48 2 GHz band 47 2 47 3 GHz 47 3 47 4 GHz 47 4 47 5 GHz 47 5 47 6 GHz 47 6 47 7 GHz 47 7 47 8 GHz 47 8 47 9 GHz 47 9 48 0 GHz 48 0 48 1 GHz and 48 1 48 2 GHz 81 FR 79937 Nov 14 2016 as amended at 83 FR 65 Jan 2 2018 84 FR 1631 Feb 5 2019 30 5 Service areas a Except as noted in paragraphs b and c of this section and except for the shared 37 37 6 GHz band the service areas for the Upper Microwave Flexible Use Service are Partial Economic Areas | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
b For the 27 5 28 35 GHz band the service areas shall be counties 47 CFR 30 5 b enhanced display page 4 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 5 c Upper Microwave Flexible Use Service c Common Carrier Fixed Point to Point Microwave Stations licensed in the 38 6 40 GHz bands licensed with Rectangular Service Areas shall maintain their Rectangular Service Area as defined in their authorization The frequencies associated with Rectangular Service Area authorizations that have expired cancelled or otherwise been recovered by the Commission will automatically revert to the applicable county licensee d In the 37 5 40 GHz band Upper Microwave Flexible Use Service licensees shall not place facilities within the protection zone of Fixed Satellite Service earth stations authorized pursuant to 25 136 of this chapter absent consent from the Fixed Satellite Service earth station licensee 30 6 Permissible communications a A licensee in the frequency bands specified in 30 4 may provide any services for which its frequency bands are allocated as set forth in the non Federal Government column of the Table of Frequency Allocations in 2 106 of this chapter column 5 b Fixed Satellite Service shall be provided in a manner consistent with part 25 of this chapter The technical and operating rules in this part shall not apply to Fixed Satellite Service operation 81 FR 79937 Nov 14 2016 as amended at 83 FR 65 Jan 2 2018 30 7 37 37 6 GHz Band Shared coordinated service a The 37 37 6 GHz band will be available for site based registrations on a coordinated basis with co equal eligible Federal entities b Any non Federal entity meeting the eligibility requirements of 30 3 may operate equipment | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
that complies with the technical rules of this part pursuant to a Shared Access License c Licensees in the 37 37 6 GHz band must register their individual base stations and access points prior to placing them in operation 30 8 Reserved Subpart B Applications and Licenses 30 101 Initial authorizations Except with respect to in the 37 37 6 GHz band an applicant must file a single application for an initial authorization for all markets won and frequency blocks desired Initial authorizations shall be granted in accordance with 30 4 Applications for individual sites are not required and will not be accepted except where required for environmental assessments in accordance with 1 1301 through 1 1319 of this chapter 30 102 Transition of existing local multipoint distribution service and 39 GHz licenses Local Multipoint Distribution Service licenses in the 27 5 28 35 GHz band issued on a Basic Trading Area basis shall be disaggregated into county based licenses and 39 GHz licenses issued on an Economic Area basis shall be disaggregated into Partial Economic Area based licenses on December 14 2016 For each county in the Basic Trading Area or Partial Economic Area in the Economic Area which is part of the original license the licensee shall receive a separate license If there is a co channel Rectangular Service Area licensee within the service area of a 39 GHz Economic Area licensee the disaggregated license shall not authorize operation with the service area of the Rectangular Service Area license 47 CFR 30 102 enhanced display page 5 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 103 Upper Microwave Flexible Use Service 30 103 License term Initial authorizations will have a term not to exceed ten years from the date | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
of initial issuance or renewal 30 104 Performance requirements a Upper Microwave Flexible Use Service licensees must make a buildout showing as part of their renewal applications Licensees relying on mobile or point to multipoint service must show that they are providing reliable signal coverage and service to at least 40 percent of the population within the service area of the licensee and that they are using facilities to provide service in that area either to customers or for internal use Licensees relying on point to point service must demonstrate that they have four links operating and providing service either to customers or for internal use if the population within the license area is equal to or less than 268 000 If the population within the license area is greater than 268 000 a licensee relying on point to point service must demonstrate it has at least one link in operation and is providing service for each 67 000 population within the license area In order to be eligible to be counted under the point to point buildout standard a point to point link must operate with a transmit power greater than 43 dBm b In the alternative a licensee may make its buildout showing on the basis of geographic area coverage To satisfy the requirements of using this metric licensees relying on mobile or point to multipoint service must show that they are providing reliable signal coverage and service to at least 25 of the geographic area of the license The geographic area of the license shall be determined by the total land area of the county or counties covered by the license Licensees relying on fixed point to point links or other low power point to point connections must show that they have deployed at least one transmitter | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
or receiver in at least 25 of the census tracts within the license area All equipment relied upon in the showing whatever type of service or connection it provides must be operational and providing service either to customers or for internal use as of the date of the filing c Showings that rely on a combination of multiple types of service will be evaluated on a case by case basis Licensees may not combine population based showings with geographic area based showings d If a licensee in this service is also a Fixed Satellite Service licensee and uses the spectrum covered under its UMFUS license in connection with a satellite earth station it can demonstrate compliance with the requirements of this section by demonstrating that the earth station in question is in service operational and using the spectrum associated with the license This provision can only be used to demonstrate compliance for the county in which the earth station is located e Failure to meet this requirement will result in automatic cancellation of the license In bands licensed on a Partial Economic Area basis licensees will have the option of partitioning a license on a county basis in order to reduce the population or land area within the license area to a level where the licensee s buildout would meet one of the applicable performance metrics f Existing 24 GHz 28 GHz and 39 GHz licensees shall be required to make a showing pursuant to this section by June 1 2024 81 FR 79937 Nov 14 2016 as amended at 83 FR 65 Jan 2 2018 83 FR 34492 July 20 2018 47 CFR 30 104 f enhanced display page 6 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 105 Upper | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
Microwave Flexible Use Service 30 105 Geographic partitioning and spectrum disaggregation a Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of a license pursuant to 1 948 of this chapter Upper Microwave Flexible Use Service licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses b Technical standards 1 Partitioning In the case of partitioning applicants and licensees must file FCC Form 603 pursuant to 1 948 of this chapter and list the partitioned service area on a schedule to the application The geographic coordinates must be specified in degrees minutes and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum NAD83 2 Spectrum may be disaggregated in any amount 3 The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation 4 For purposes of partitioning and disaggregation part 30 systems must be designed so as not to exceed the signal level specified for the particular spectrum block in 30 204 at the licensee s service area boundary unless the affected adjacent service area licensees have agreed to a different signal level c License term The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee s license term as provided for in 30 103 81 FR 79937 Nov 14 2016 as amended at 82 FR 41548 Sept 1 2017 Subpart C Technical Standards 30 201 Equipment authorization a Except as provided under paragraph c of this section each transmitter utilized for operation under this part must be of a type that has been authorized by the Commission under its certification | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
procedure b Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter c Unless specified otherwise transmitters for use under the provisions of subpart E of this part for fixed point to point microwave and point to multipoint services must be a type that has been verified for compliance 30 202 Power limits a For fixed and base stations operating in connection with mobile systems the average power of the sum of all antenna elements is limited to an equivalent isotopically radiated power EIRP density of 75dBm 100 MHz For channel bandwidths less than 100 megahertz the EIRP must be reduced proportionally and linearly based on the bandwidth relative to 100 megahertz b For mobile stations the average power of the sum of all antenna elements is limited to a maximum EIRP of 43 dBm 47 CFR 30 202 b enhanced display page 7 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 202 c Upper Microwave Flexible Use Service c For transportable stations as defined in 30 2 the average power of the sum of all antenna elements is limited to a maximum EIRP of 55 dBm d For fixed point to point and point to multipoint limits see 30 405 30 203 Emission limits a The conductive power or the total radiated power of any emission outside a licensee s frequency block shall be 13 dBm MHz or lower However in the bands immediately outside and adjacent to the licensee s frequency | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
block having a bandwidth equal to 10 percent of the channel bandwidth the conductive power or the total radiated power of any emission shall be 5 dBm MHz or lower b 1 Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater 2 When measuring the emission limits the nominal carrier frequency shall be adjusted as close to the licensee s frequency block edges as the design permits 3 The measurements of emission power can be expressed in peak or average values c For fixed point to point and point to multipoint limits see 30 404 30 204 Field strength limits a Base mobile operations The predicted or measured Power Flux Density PFD from any Base Station operating in the 27 5 28 35 GHz band 37 38 6 GHz band and 38 6 40 GHz bands at any location on the geographical border of a licensee s service area shall not exceed 76dBm m2 MHz measured at 1 5 meters above ground unless the adjacent affected service area licensee s agree s to a different PFD b Fixed point to point operations 1 Prior to operating a fixed point to point transmitting facility in the 27 500 28 350 MHz band where the facilities are located within 20 kilometers of the boundary of the licensees authorized market area the licensee must complete frequency coordination in accordance with the procedures specified in 101 103 d 2 of this chapter with respect to neighboring licensees that may be affected by its operations 2 Prior to operating a fixed point to point transmitting facility in the 37 000 40 000 MHz band where the facilities are located within 16 kilometers of the boundary of the licensees authorized market area the licensee | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
must complete frequency coordination in accordance with the procedures specified in 101 103 d 2 of this chapter with respect to neighboring licensees that may be affected by its operations 30 205 Federal coordination requirements a Licensees in the 37 38 GHz band located within the zones defined by the coordinates in the tables below must coordinate their operations with Federal Space Research Service space to Earth users of the band via the National Telecommunications and Information Administration NTIA All licensees operating within the zone defined by the 60 dBm 100 MHz EIRP coordinates in the tables below must coordinate all operations Licensees operating within the area between the zones defined by the 60 dBm and 75 dBm 100 MHz EIRP coordinates in the tables below must coordinate all operations if their base station EIRP is 47 CFR 30 205 a enhanced display page 8 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 205 a Upper Microwave Flexible Use Service greater than 60 dBm 100 MHz or if their antenna height exceeds 100 meters above ground level Licensees operating outside the zones defined by the 75 dBm 100 MHz EIRP coordinates in the tables below are not required to coordinate their operations with NTIA Table 1 to Paragraph a Goldstone California Coordination Zone 60 dBm 100 MHz EIRP 75 dBm 100 MHz EIRP Latitude Longitude Latitude Longitude Latitude Longitude Latitude Longitude decimal degrees decimal degrees decimal degrees decimal degrees 34 69217 115 6491 34 19524 117 47963 34 69217 115 6491 34 19524 117 47963 35 25746 115 32041 34 24586 117 36210 35 25746 115 32041 34 24586 117 36210 36 21257 117 06567 35 04648 117 03781 36 11221 116 63632 34 21748 117 12812 36 55967 117 63691 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
35 04788 117 00949 36 54731 117 48242 34 20370 116 97024 36 66297 118 31017 34 22940 117 22327 36 73049 118 33683 34 12196 116 93109 36 06074 118 38528 34 20370 116 97024 36 39126 118 47307 34 09498 116 75473 35 47015 118 39008 34 12196 116 93109 36 36891 118 47134 34 13603 116 64002 35 40865 118 34353 34 09498 116 75473 35 47015 118 39008 34 69217 115 6591 35 35986 117 24709 34 19642 116 72901 35 40865 118 34353 34 69217 115 6491 35 29539 117 21102 34 64906 116 62741 35 32048 117 26386 34 67607 118 55412 34 44404 116 31486 34 63725 118 96736 34 61532 118 36919 34 52736 116 27845 34 55789 118 36204 34 91551 117 70371 34 76685 116 27930 34 51108 118 15329 34 81257 117 65400 34 69217 115 6591 34 39220 118 28852 34 37411 118 18385 34 69217 115 6491 34 38546 118 27460 34 33405 117 94189 34 37524 118 24191 34 27249 117 65445 34 37039 118 22557 Table 2 to Paragraph a Socorro New Mexico Coordination Zone 60 dBm 100 MHz EIRP 75 dBm 100 MHz EIRP Latitude longitude Latitude longitude Latitude longitude decimal degrees decimal degrees decimal degrees 34 83816 107 66828 33 44401 108 67876 33 10651 108 19320 34 80070 107 68759 33 57963 107 79895 33 11780 107 99980 34 56506 107 70233 33 84552 107 60207 33 13558 107 85611 34 40826 107 71489 33 85964 107 51915 33 80383 107 16520 34 31013 107 88349 33 86479 107 17223 33 94554 107 15516 34 24067 107 96059 33 94779 107 15038 33 95665 107 15480 34 10278 108 23166 34 11122 107 18132 34 08156 107 18137 34 07442 108 30646 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
34 15203 107 39035 34 10646 107 18938 34 01447 108 31694 34 29643 107 51071 35 24269 107 67969 33 86740 108 48706 34 83816 107 66828 34 06647 108 70438 47 CFR 30 205 a enhanced display page 9 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 205 b Upper Microwave Flexible Use Service 60 dBm 100 MHz EIRP 75 dBm 100 MHz EIRP Latitude longitude Latitude longitude Latitude longitude decimal degrees decimal degrees decimal degrees 33 81660 108 51052 33 35946 108 68902 33 67909 108 58750 33 29430 108 65004 33 50223 108 65470 33 10651 108 19320 Table 3 to Paragraph a White Sands New Mexico Coordination Zone 60 dBm 100 MHz EIRP 75 dBm 100 MHz EIRP Latitude longitude Latitude longitude Latitude longitude Latitude longitude decimal degrees decimal degrees decimal degrees decimal degrees 33 98689 107 15967 31 78455 106 54058 31 7494 106 49132 32 88382 108 16588 33 91573 107 46301 32 24710 106 56114 32 24524 106 56507 32 76255 108 05679 33 73122 107 73585 32 67731 106 53681 32 67731 106 53681 32 56863 108 43999 33 37098 107 84333 32 89856 106 56882 32 89856 106 56882 32 48991 108 50032 33 25424 107 86409 33 24323 106 70094 33 04880 106 62309 32 39142 108 48959 33 19808 107 89673 33 98689 107 15967 33 21824 106 68992 31 63664 108 40480 33 02128 107 87226 33 24347 106 70165 31 63466 108 20921 32 47747 107 77963 34 00708 107 08652 31 78374 108 20798 32 31543 108 16101 34 04967 107 17524 31 78322 106 52825 31 79429 107 88616 33 83491 107 85971 31 7494 106 49132 b Licensees in the 37 38 6 GHz | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
band located within the zones defined by the coordinates in the table below must coordinate their operations with the Department of Defense via the National Telecommunications and Information Administration NTIA Table 4 to Paragraph b Coordination Areas for Federal Terrestrial Systems Coordination area Location Agency decimal degrees China Lake CA Navy 50 kilometer radius centered on latitude 35 614781 and longitude 117 454309 San Diego CA Navy 30 kilometer radius centered on latitude 32 68333 and longitude 117 23333 Nanakuli HI Navy 30 kilometer radius centered on latitude 21 38333 and longitude 158 13333 Fishers Island NY Navy 30 kilometer radius centered on latitude 41 25 and longitude 72 01666 Saint Croix VI Navy 30 kilometer radius centered on latitude 17 74722 and longitude 64 88 Fort Irwin CA Army 30 kilometer radius centered on latitude 35 26666 and longitude 116 68333 47 CFR 30 205 b enhanced display page 10 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 205 c Upper Microwave Flexible Use Service Coordination area Location Agency decimal degrees Fort Carson CO Army 30 kilometer radius centered on latitude 38 71666 and longitude 104 65 Fort Hood TX Army 30 kilometer radius centered on latitude 31 11666 and longitude 97 76666 Fort Bliss TX Army 30 kilometer radius centered on latitude 31 8075 and longitude 106 42166 Yuma Proving Ground AZ Army 30 kilometer radius centered on latitude 32 48333 and longitude 114 33333 Fort Huachuca AZ Army 30 kilometer radius centered on latitude 31 55 and longitude 110 35 White Sands Missile Army 30 kilometer radius centered on latitude 33 35 and longitude Range NM 106 3 Edwards AFB CA Air 20 kilometer radius centered on latitude 34 922905 and longitude Force 117 891219 Moody Air Force | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
Base GA Air 30 kilometer radius centered on latitude 30 96694 and longitude Force 83 185 Hurlburt Air Force Base FL Air 30 kilometer radius centered on latitude 30 42388 and longitude Force 86 70694 c In addition to the locations listed in table 4 to paragraph b of this section requests may be submitted to the Commission for access to the 37 6 38 6 GHz band for specific additional military bases and ranges for the purpose of defense applications or national security when the proposed military operations cannot be accommodated in the 37 37 6 GHz band 81 FR 79937 Nov 14 2016 as amended at 84 FR 18405 May 1 2019 84 FR 20820 May 13 2019 30 206 International coordination Operations in the 27 5 28 35 GHz 37 38 6 and 38 6 40 GHz bands are subject to existing and future international agreements with Canada and Mexico 30 207 Radio frequency RF safety Licensees and manufacturers are subject to the radio frequency radiation exposure requirements specified in 1 1307 b 1 1310 2 1091 and 2 1093 of this chapter as appropriate Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements Technical information showing the basis for this statement must be submitted to the Commission upon request 30 208 Operability Mobile and transportable stations that operate on any portion of frequencies within the 27 5 28 35 GHz or the 37 40 GHz bands must be capable of operating on all frequencies within those particular bands Mobile and transportable stations that operate on any portion of either the 24 25 24 45 GHz or 24 75 25 25 GHz bands must be capable of operating on all frequencies within both of | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
those bands 47 CFR 30 208 enhanced display page 11 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 209 Upper Microwave Flexible Use Service 83 FR 34492 July 20 2018 30 209 Duplexing Stations authorized under this rule part may employ frequency division duplexing time division duplexing or any other duplexing scheme provided that they comply with the other technical and operational requirements specified in this part Subpart D Competitive Bidding Procedures 30 301 Upper Microwave Flexible Use Service subject to competitive bidding Mutually exclusive initial applications for Upper Microwave Flexible User Service licenses are subject to competitive bidding The general competitive bidding procedures set forth in part 1 subpart Q of this chapter will apply unless otherwise provided in this subpart 30 302 Designated entities and bidding credits a Eligibility for small business provisions 1 A small business is an entity that together with its affiliates its controlling interests and the affiliates of its controlling interests have average gross revenues that are not more than 55 million for the preceding three 3 years 2 A very small business is an entity that together with its affiliates its controlling interests and the affiliates of its controlling interests has average gross revenues that are not more than 20 million for the preceding three 3 years b Bidding credits A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use a bidding credit of 15 percent as specified in 1 2110 f 2 i C of this chapter A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use a bidding credit of 25 percent as specified in 1 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
2110 f 2 i B of this chapter c A rural service provider as defined in 1 2110 f 4 of this chapter who has not claimed a small business bidding credit may use a bidding credit of 15 percent bidding credit as specified in 1 2110 f 4 i of this chapter Subpart E Special Provisions for Fixed Point to Point Fixed Point to Multipoint Hub Stations and Fixed Point to Multipoint User Stations 30 401 Permissible service Stations authorized under this subpart may deploy stations used solely as fixed point to point stations fixed point to multipoint hub stations or fixed point to multipoint user stations as defined in 30 2 subject to the technical and operational requirements specified in this subpart 47 CFR 30 401 enhanced display page 12 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 402 Upper Microwave Flexible Use Service 30 402 Frequency tolerance The carrier frequency of each transmitter authorized under this subpart must be maintained within the following percentage of the reference frequency unless otherwise specified in the instrument of station authorization the reference frequency will be deemed to be the assigned frequency Frequency Frequency MHz tolerance percent 27 500 to 28 350 0 001 38 600 to 40 000 0 03 30 403 Bandwidth a Stations under this subpart will be authorized any type of emission method of modulation and transmission characteristic consistent with efficient use of the spectrum and good engineering practice b The maximum bandwidth authorized per frequency to stations under this subpart is set out in the table that follows Maximum Frequency band authorized MHz bandwidth 27 500 to 28 350 850 MHz 38 600 to 40 000 200 MHz 1 1 For channel block assignments in the 38 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
600 40 000 MHz bands when adjacent channels are aggregated equipment is permitted to operate over the full channel block aggregation without restriction 30 404 Emission limits a The mean power of emissions must be attenuated below the mean output power of the transmitter in accordance with the following schedule 1 When using transmissions other than those employing digital modulation techniques i On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth At least 25 decibels ii On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth At least 35 decibels iii On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth At least 43 10 Log10 mean output power in watts decibels or 80 decibels whichever is the lesser attenuation 2 When using transmissions employing digital modulation techniques in situations not covered in this section 47 CFR 30 404 a 2 enhanced display page 13 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 404 a 2 i Upper Microwave Flexible Use Service i In any 1 MHz band the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth As specified by the following equation but in no event less than 11 decibels A 11 0 4 P 50 10 Log10 B Attenuation greater than 56 decibels or to an absolute power of less than 13 dBm 1MHz is not required ii In any 1 MHz band the center frequency of which is removed from the assigned frequency by more than 250 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
percent of the authorized bandwidth At least 43 10 Log10 the mean output power in watts decibels or 80 decibels whichever is the lesser attenuation The authorized bandwidth includes the nominal radio frequency bandwidth of an individual transmitter modulator in block assigned bands Equipment licensed prior to April 1 2005 shall only be required to meet this standard in any 4 kHz band iii The emission mask in paragraph a 2 i of this section applies only to the band edge of each block of spectrum but not to subchannels established by licensees The value of P in the equation is the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used The emission mask can be satisfied by locating a carrier of the subchannel sufficiently far from the channel edges so that the emission levels of the mask are satisfied The emission mask shall use a value B bandwidth of 40 MHz for all cases even in the case where a narrower subchannel is used for instance the actual bandwidth is 10 MHz and the mean output power used in the calculation is the sum of the output power of a fully populated channel For block assigned channels the out of band emission limits apply only outside the assigned band of operation and not within the band b Reserved 30 405 Transmitter power limitations On any authorized frequency the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired Application of this principle includes but is not to be limited to requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
compensate for the increased primary lobe gain of the replacement antenna s In no event shall the average equivalent isotropically radiated power EIRP as referenced to an isotropic radiator exceed the following Maximum Allowable EIRP Frequency band MHz Fixed dBW 27 500 28 3501 55 38 600 40 000 55 1 For Point to multipoint user stations authorized in these bands the EIRP shall not exceed 55 dBw or 42 dBw MHz 47 CFR 30 405 enhanced display page 14 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 406 Upper Microwave Flexible Use Service 30 406 Directional antennas a Unless otherwise authorized upon specific request by the applicant each station authorized under the rules of this subpart must employ a directional antenna adjusted with the center of the major lobe of radiation in the horizontal plane directed toward the receiving station with which it communicates provided however where a station communicates with more than one point a multi or omni directional antenna may be authorized if necessary b Fixed stations other than temporary fixed stations must employ transmitting and receiving antennas excluding second receiving antennas for operations such as space diversity meeting the appropriate performance Standard A indicated in the table to this section except that in areas not subject to frequency congestion antennas meeting performance Standard B may be used For frequencies with a Standard B1 and a Standard B2 in order to comply with Standard B an antenna must fully meet either Standard B1 or Standard B2 Licensees shall comply with the antenna standards table shown in this paragraph in the following manner 1 With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement and 2 With the minimum radiation suppression to | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
angle requirement 47 CFR 30 406 b 2 enhanced display page 15 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 406 b 2 Upper Microwave Flexible Use Service Maximum beamwidth to 3 dB points1 Minimum radiation suppression to angle in degrees from centerline of main beam in decibels Frequency Minimum antenna gain Category included angle MHz dbi 5 to 10 10 to 15 15 to 20 20 to 30 30 to 100 100 to 140 140 to 180 in degrees 38 600 to 40 0002 A n a 38 25 29 33 36 42 55 55 B n a 38 20 24 28 32 35 36 36 1If a licensee chooses to show compliance using maximum beamwidth to 3 dB points the beamwidth limit shall apply in both the azimuth and the elevation planes 2Stations authorized to operate in the 38 600 40 000 MHz band may use antennas other than those meeting the Category A standard However the Commission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas 47 CFR 30 406 b 2 enhanced display page 16 of 17 47 CFR Part 30 up to date as of 2 20 2024 47 CFR 30 407 Upper Microwave Flexible Use Service 30 407 Antenna polarization In the 27 500 28 350 MHz band system operators are permitted to use any polarization within its service area but only vertical and or horizontal polarization for antennas located within 20 kilometers of the outermost edge of their service area 47 CFR 30 407 enhanced display page 17 of 17 | corpus_data/corpus_txt/47-CFR-Part-30-_up-to-date-as-of-2-20-2024_.txt |
47 CFR Part 59 up to date as of 2 20 2024 47 CFR Part 59 Feb 20 2024 Infrastructure Sharing This content is from the eCFR and is authoritative but unofficial Title 47 Telecommunication Chapter I Federal Communications Commission Subchapter B Common Carrier Services Part 59 Infrastructure Sharing 59 1 General duty 59 2 Terms and conditions of infrastructure sharing 59 3 Information concerning deployment of new services and equipment 59 4 Definition of qualifying carrier PART 59 INFRASTRUCTURE SHARING Authority 47 U S C 154 i 154 j 201 205 259 303 r 403 Source 62 FR 9713 Mar 4 1997 unless otherwise noted 59 1 General duty Incumbent local exchange carriers as defined in 47 U S C section 251 h shall make available to any qualifying carrier such public switched network infrastructure technology information and telecommunications facilities and functions as may be requested by such qualifying carrier for the purpose of enabling such qualifying carrier to provide telecommunications services or to provide access to information services in the service area in which such qualifying carrier has obtained designation as an eligible telecommunications carrier under section 214 e of 47 U S C 59 2 Terms and conditions of infrastructure sharing a An incumbent local exchange carrier subject to the requirements of section 59 1 shall not be required to take any action that is economically unreasonable or that is contrary to the public interest b An incumbent local exchange carrier subject to the requirements of section 59 1 may but shall not be required to enter into joint ownership or operation of public switched network infrastructure technology information and telecommunications facilities and functions and services with a qualifying carrier as a method of fulfilling its obligations under section 59 1 c An incumbent local exchange carrier | corpus_data/corpus_txt/47-CFR-Part-59-_up-to-date-as-of-2-20-2024_.txt |
subject to the requirements of section 59 1 shall not be treated by the Commission or any State as a common carrier for hire or as offering common carrier services with respect to any public switched network infrastructure technology information or telecommunications facilities or functions made available to a qualifying carrier in accordance with regulations issued pursuant to this section 47 CFR 59 2 c enhanced display page 1 of 2 47 CFR Part 59 up to date as of 2 20 2024 47 CFR 59 2 d Infrastructure Sharing d An incumbent local exchange carrier subject to the requirements of section 59 1 shall make such public switched network infrastructure technology information and telecommunications facilities or functions available to a qualifying carrier on just and reasonable terms and pursuant to conditions that permit such qualifying carrier to fully benefit from the economies of scale and scope of such local exchange carrier An incumbent local exchange carrier that has entered into an infrastructure sharing agreement pursuant to section 59 1 must give notice to the qualifying carrier at least sixty days before terminating such infrastructure sharing agreement e An incumbent local exchange carrier subject to the requirements of section 59 1 shall not be required to engage in any infrastructure sharing agreement for any services or access which are to be provided or offered to consumers by the qualifying carrier in such local exchange carrier s telephone exchange area f An incumbent local exchange carrier subject to the requirements of section 59 1 shall file with the State or if the State has made no provision to accept such filings with the Commission for public inspection any tariffs contracts or other arrangements showing the rates terms and conditions under which such carrier is making available public switched network infrastructure technology | corpus_data/corpus_txt/47-CFR-Part-59-_up-to-date-as-of-2-20-2024_.txt |
information and telecommunications facilities and functions pursuant to this part 59 3 Information concerning deployment of new services and equipment An incumbent local exchange carrier subject to the requirements of section 59 1 that has entered into an infrastructure sharing agreement under section 59 1 shall provide to each party to such agreement timely information on the planned deployment of telecommunications services and equipment including any software or upgrades of software integral to the use or operation of such telecommunications equipment 59 4 Definition of qualifying carrier For purposes of this part the term qualifying carrier means a telecommunications carrier that a Lacks economies of scale or scope and b 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 47 U S C 47 CFR 59 4 b enhanced display page 2 of 2 | corpus_data/corpus_txt/47-CFR-Part-59-_up-to-date-as-of-2-20-2024_.txt |
47 CFR Part 7 up to date as of 2 20 2024 47 CFR Part 7 Feb 20 2024 Access to Voicemail and Interactive Menu Services and Equipment by This content is from the eCFR and is authoritative but unofficial Title 47 Telecommunication Chapter I Federal Communications Commission Subchapter A General Part 7 Access to Voicemail and Interactive Menu Services and Equipment by People with Disabilities Subpart A Scope Who Must Comply With These Rules 7 1 Who must comply with these rules Subpart B Definitions 7 3 Definitions Subpart C Obligations What Must Covered Entities Do 7 5 General Obligations 7 7 Product design development and evaluation 7 9 Information pass through 7 11 Information documentation and training Subpart D Enforcement 7 15 Generally 7 16 Informal or formal complaints PART 7 ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES Authority 47 U S C 151 154 208 255 and 303 r Source 64 FR 63255 Nov 19 1999 unless otherwise noted Subpart A Scope Who Must Comply With These Rules 7 1 Who must comply with these rules The rules in this part apply to a Any provider of voicemail or interactive menu service b Any manufacturer of telecommunications equipment or customer premises equipment which performs a voicemail or interactive menu function Subpart B Definitions 47 CFR 7 1 b enhanced display page 1 of 7 47 CFR Part 7 up to date as of 2 20 2024 47 CFR 7 3 Access to Voicemail and Interactive Menu Services and Equipment by 7 3 Definitions a The term accessible shall mean that 1 Input control and mechanical functions shall be locatable identifiable and operable in accordance with each of the following assessed independently i Operable without vision Provide at least one mode that | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
does not require user vision ii Operable with low vision and limited or no hearing Provide at least one mode that permits operation by users with visual acuity between 20 70 and 20 200 without relying on audio output iii Operable with little or no color perception Provide at least one mode that does not require user color perception iv Operable without hearing Provide at least one mode that does not require user auditory perception v Operable with limited manual dexterity Provide at least one mode that does not require user fine motor control or simultaneous actions vi Operable with limited reach and strength Provide at least one mode that is operable with user limited reach and strength vii Operable with a Prosthetic Device Controls shall be operable without requiring body contact or close body proximity viii Operable without time dependent controls Provide at least one mode that does not require a response time or allows a response to be by passed or adjusted by the user over a wide range ix Operable without speech Provide at least one mode that does not require user speech x Operable with limited cognitive skills Provide at least one mode that minimizes the cognitive memory language and learning skills required of the user 2 All information necessary to operate and use the product including but not limited to text static or dynamic images icons labels sounds or incidental operating cues comply with each of the following assessed independently i Availability of visual information Provide visual information through at least one mode in auditory form ii Availability of visual information for low vision users Provide visual information through at least one mode to users with visual acuity between 20 70 and 20 200 without relying on audio iii Access to moving text Provide moving | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
text in at least one static presentation mode at the option of the user iv Availability of auditory information Provide auditory information through at least one mode in visual form and where appropriate in tactile form v Availability of auditory information for people who are hard of hearing Provide audio or acoustic information including any auditory feedback tones that are important for the use of the product through at least one mode in enhanced auditory fashion i e increased amplification increased signal to noise ratio or combination 47 CFR 7 3 a 2 v enhanced display page 2 of 7 47 CFR Part 7 up to date as of 2 20 2024 47 CFR 7 3 a 2 vi Access to Voicemail and Interactive Menu Services and Equipment by vi Prevention of visually induced seizures Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy vii Availability of audio cutoff Where a product delivers audio output through an external speaker provide an industry standard connector for headphones or personal listening devices e g phone like handset or earcup which cuts off the speaker s when used viii Non interference with hearing technologies Reduce interference to hearing technologies including hearing aids cochlear implants and assistive listening devices to the lowest possible level that allows a user to utilize the product ix Hearing aid coupling Where a product delivers output by an audio transducer which is normally held up to the ear provide a means for effective wireless coupling to hearing aids 3 Real Time Text Voice communication services subject to this part that are provided over wireless IP facilities and handsets and other text capable end user devices used with such service that do not themselves provide TTY functionality may provide TTY connectability and | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
signal compatibility pursuant to paragraphs b 3 and 4 of this section or support real time text communications in accordance with 47 CFR part 67 b The term compatibility shall mean compatible with peripheral devices and specialized customer premises equipment commonly used by individuals with disabilities to achieve accessibility to voicemail and interactive menus and in compliance with the following provisions as applicable 1 External electronic access to all information and control mechanisms Information needed for the operation of products including output alerts icons on line help and documentation shall be available in a standard electronic text format on a cross industry standard port and all input to and control of a product shall allow for real time operation by electronic text input into a cross industry standard external port and in cross industry standard format The cross industry standard port shall not require manipulation of a connector by the user 2 Connection point for external audio processing devices Products providing auditory output shall provide the auditory signal at a standard signal level through an industry standard connector 3 TTY connectability Products which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non acoustic connection point for TTYs It shall also be possible for the user to easily turn any microphone on and off to allow the user to intermix speech with TTY use 4 TTY signal compatibility Products including those providing voice communication functionality shall support use of all cross manufacturer non proprietary standard signals used by TTYs 5 TTY Support Exemption Voice communication services subject to this part that are offered over wireless IP facilities and equipment used with such services are not required to provide TTY connectability and TTY signal compatibility if such services and equipment support | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
real time text in accordance with 47 CFR part 67 c The term customer premises equipment shall mean equipment employed on the premises of a person other than a carrier to originate route or terminate telecommunications d The term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual a record of such an impairment or being regarded as having such an impairment 47 CFR 7 3 d enhanced display page 3 of 7 47 CFR Part 7 up to date as of 2 20 2024 47 CFR 7 3 e Access to Voicemail and Interactive Menu Services and Equipment by e The term interactive menu shall mean a feature that allows a service provider or operator of CPE to transmit information to a caller in visual and or audible format for the purpose of management control or operations of a telecommunications system or service and or to request information from the caller in visual and or audible format for the purpose of management control or operations of a telecommunications system or service and or to receive information from the caller in visual and or audible format in response to a request for the purpose of management control or operations of a telecommunications system or service This feature however does not include the capability for generating acquiring storing transforming processing retrieving utilizing or making available information via telecommunications for any purpose other than management control or operations of a telecommunications system or service f The term manufacturer shall mean an entity that makes or produces a product g The term peripheral devices shall mean devices employed in connection with equipment covered by this part to translate enhance or otherwise transform telecommunications into a form accessible to individuals with | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
disabilities h The term readily achievable shall mean in general easily accomplishable and able to be carried out without much difficulty or expense In determining whether an action is readily achievable factors to be considered include 1 The nature and cost of the action needed 2 The overall financial resources of the manufacturer or service provider involved in the action the covered entity the number of persons employed by such manufacturer or service provider the effect on expenses and resources or the impact otherwise of such action upon the operations of the manufacturer or service provider 3 If applicable the overall financial resources of the parent of the covered entity the overall size of the business of the parent of the covered entity with respect to the number of its employees the number type and location of its facilities and 4 If applicable the type of operation or operations of the covered entity including the composition structure and functions of the workforce of such entity and the geographic separateness administrative or fiscal relationship of covered entity in question to the parent entity i The term specialized customer premises equipment shall mean customer premise equipment which is commonly used by individuals with disabilities to achieve access j The term telecommunications equipment shall mean equipment other than customer premises equipment used by a carrier to provide telecommunications services and includes software integral to such equipment including upgrades k The term telecommunications service shall mean the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available directly to the public regardless of the facilities used l The term usable shall mean that individuals with disabilities have access to the full functionality and documentation for the product including instructions product information including accessible | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
feature information documentation bills and technical support which is provided to individuals without disabilities 47 CFR 7 3 l enhanced display page 4 of 7 47 CFR Part 7 up to date as of 2 20 2024 47 CFR 7 3 m Access to Voicemail and Interactive Menu Services and Equipment by m The term Voicemail shall mean the capability of answering calls and recording incoming messages when a line is busy or does not answer within a pre specified amount of time or number of rings receiving those messages at a later time and may also include the ability to determine the sender and time of transmission without hearing the entire message the ability to forward the message to another voice massaging customer with and or without an appended new message the ability for the sender to confirm receipt of a message the ability to send receive and or store facsimile messages and possibly other features n The term real time text shall have the meaning set forth in 67 1 of this chapter o The term text capable end user device means customer premises equipment that is able to send receive and display text 64 FR 63255 Nov 19 1999 as amended at 82 FR 7706 Jan 23 2017 Subpart C Obligations What Must Covered Entities Do 7 5 General Obligations a Obligation of Manufacturers 1 A manufacturer of telecommunications equipment or customer premises equipment covered by this part shall ensure that the equipment is designed developed and fabricated so that the voicemail and interactive menu functions are accessible to and usable by individuals with disabilities if readily achievable 2 Whenever the requirements of paragraph a 1 of this section are not readily achievable the manufacturer shall ensure that the equipment is compatible with existing peripheral devices or | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
specialized customer premises equipment commonly used by individuals with disabilities to achieve access if readily achievable b Obligation of Service Providers 1 A provider of voicemail or interactive menu shall ensure that the service is accessible to and usable by individuals with disabilities if readily achievable 2 Whenever the requirements of paragraph b 1 of this section are not readily achievable the service provider shall ensure that the service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access if readily achievable 64 FR 63255 Nov 19 1999 as amended at 88 FR 55584 Aug 16 2023 7 7 Product design development and evaluation a Manufacturers and service providers shall evaluate the accessibility usability and compatibility of equipment and services covered by this part and shall incorporate such evaluation throughout product design development and fabrication as early and consistently as possible Manufacturers and service providers shall identify barriers to accessibility and usability as part of such a product design and development process 47 CFR 7 7 a enhanced display page 5 of 7 47 CFR Part 7 up to date as of 2 20 2024 47 CFR 7 7 b Access to Voicemail and Interactive Menu Services and Equipment by b In developing such a process manufacturers and service providers shall consider the following factors as the manufacturer deems appropriate 1 Where market research is undertaken including individuals with disabilities in target populations of such research 2 Where product design testing pilot demonstrations and product trials are conducted including individuals with disabilities in such activities 3 Working cooperatively with appropriate disability related organizations and 4 Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability related organizations that have established expertise | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
with individuals with disabilities 7 9 Information pass through Telecommunications equipment and customer premises equipment shall pass through cross manufacturer non proprietary industry standard codes translation protocols formats or other information necessary to provide telecommunications in an accessible format if readily achievable In particular signal compression technologies shall not remove information needed for access or shall restore it upon decompression 7 11 Information documentation and training a Manufacturers and service providers shall ensure access to information and documentation it provides to its customers if readily achievable Such information and documentation includes user guides bills installation guides for end user installable devices and product support communications regarding both the product in general and the accessibility features of the product Manufacturers shall take such other readily achievable steps as necessary including 1 Providing a description of the accessibility and compatibility features of the product upon request including as needed in alternate formats or alternate modes at no additional charge 2 Providing end user product documentation in alternate formats or alternate modes upon request at no additional charge and 3 Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge b Manufacturers and service providers shall include in general product information the contact method for obtaining the information required by paragraph a of this section c In developing or incorporating existing training programs manufacturers and service providers shall consider the following topics 1 Accessibility requirements of individuals with disabilities 2 Means of communicating with individuals with disabilities 3 Commonly used adaptive technology used with the manufacturer s products 4 Designing for accessibility and 5 Solutions for accessibility and compatibility 47 CFR 7 11 c 5 enhanced display page 6 of 7 47 CFR Part 7 up to date as of 2 | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
20 2024 47 CFR 7 15 Access to Voicemail and Interactive Menu Services and Equipment by Subpart D Enforcement 7 15 Generally a For purposes of 7 15 through 7 16 the term manufacturers shall denote any manufacturer of telecommunications equipment or customer premises equipment which performs a voicemail or interactive menu function b All manufacturers of telecommunications equipment or customer premises equipment and all providers of voicemail and interactive menu services as defined under this subpart are subject to the enforcement provisions specified in the Act and the rules in this chapter c The term provider shall denote any provider of voicemail or interactive menu service 83 FR 44842 Sept 4 2018 7 16 Informal or formal complaints Any person may file either a formal or informal complaint against a manufacturer or provider alleging violations of section 255 or this part subject to the enforcement requirements set forth in 14 30 through 14 38 of this chapter 83 FR 44842 Sept 4 2018 47 CFR 7 16 enhanced display page 7 of 7 | corpus_data/corpus_txt/47-CFR-Part-7-_up-to-date-as-of-2-20-2024_.txt |
47 CFR Part 42 up to date as of 2 20 2024 47 CFR Part 42 Feb 20 2024 Preservation of Records of Communication Common Carriers This content is from the eCFR and is authoritative but unofficial Title 47 Telecommunication Chapter I Federal Communications Commission Subchapter B Common Carrier Services Part 42 Preservation of Records of Communication Common Carriers Applicability 42 01 Applicability General Instructions 42 1 Scope of the regulations in this part 42 2 Designation of a supervisory official 42 3 Protection and storage of records 42 6 Retention of telephone toll records Specific Instructions for Carriers Offering Interexchange Services 42 10 Public availability of information concerning interexchange services 42 11 Retention of information concerning detariffed interexchange services PART 42 PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS Authority 47 U S C 154 i 219 220 Source 51 FR 32653 Sept 15 1986 unless otherwise noted APPLICABILITY 42 01 Applicability This part prescribes the regulations governing the preservation of records of communication common carriers that are fully subject to the jurisdiction of the Commission GENERAL INSTRUCTIONS 42 1 Scope of the regulations in this part a The regulations in this part apply to all accounts records memoranda documents papers and correspondence prepared by or on behalf of the carrier as well as those which come into its possession in connection with the acquisition of property such as by purchase consolidation merger etc b The regulations in this part shall not be construed as requiring the preparation of accounts records or memoranda not required to be prepared by other regulations such as the Uniform System of Accounts except as provided hereinafter 47 CFR 42 1 b enhanced display page 1 of 3 47 CFR Part 42 up to date as of 2 20 2024 47 CFR 42 1 c | corpus_data/corpus_txt/47-CFR-Part-42-_up-to-date-as-of-2-20-2024_.txt |
Preservation of Records of Communication Common Carriers c The regulations in this part shall not be construed as excusing compliance with any other lawful requirement for the preservation of records 42 2 Designation of a supervisory official Each carrier subject to the regulations in this part shall designate one or more officials to supervise the preservation of its records 42 3 Protection and storage of records The carrier shall protect records subject to the regulations in this part from damage from fires and other hazards and in the selection of storage spaces safeguard the records from unnecessary exposure to deterioration 42 6 Retention of telephone toll records Each carrier that offers or bills toll telephone service shall retain for a period of 18 months such records as are necessary to provide the following billing information about telephone toll calls the name address and telephone number of the caller telephone number called date time and length of the call Each carrier shall retain this information for toll calls that it bills whether it is billing its own toll service customers for toll calls or billing customers for another carrier 51 FR 39536 Oct 29 1986 SPECIFIC INSTRUCTIONS FOR CARRIERS OFFERING INTEREXCHANGE SERVICES 42 10 Public availability of information concerning interexchange services a A nondominant interexchange carrier IXC shall make available to any member of the public in at least one location during regular business hours information concerning its current rates terms and conditions for all of its international and interstate domestic interexchange services Such information shall be made available in an easy to understand format and in a timely manner Following an inquiry or complaint from the public concerning rates terms and conditions for such services a carrier shall specify that such information is available and the manner in which the | corpus_data/corpus_txt/47-CFR-Part-42-_up-to-date-as-of-2-20-2024_.txt |
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