Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 1 - GENERAL PROVISIONS › Section 16-133-1 - Definitions

Current through June, 2024
As used in this chapter:
"Applicant" means the person making applications or
				  proposals.
"Application" means a request or proposal for the issuance,
				  transfer, or renewal of a cable franchise, a change in ownership of a cable
				  operator, an extension of an existing service area, or an increase in
				  rates.
"Associated equipment" means all equipment in a subscriber's
				  home that is used to receive the basic service tier, regardless of whether such
				  equipment is additionally used to receive other tiers of regulated programming
				  service and unregulated service, or both. Such equipment shall include, but is
				  not limited to:
(1) Converter boxes;
(2) Remote control units;
(3) Connections for additional television receivers;
				  and
(4) Other cable home wiring.
"Basic service tier" or "basic cable service" means the tier
				  of cable service that, at a minimum, includes all signals of television
				  broadcast stations provided to any subscriber (except a signal secondarily
				  transmitted by satellite carrier beyond the local service area of such station,
				  regardless of how such signal is ultimately received by the cable system), any
				  public, educational, and governmental programming, and any additional video
				  programming signals or service added to the basic tier by the cable
				  operator.
"Cable franchise" means a nonexclusive initial authorization
				  or renewal thereof issued pursuant to this chapter, whether the authorization
				  is designated as a franchise, permit, order, contract, agreement, or otherwise,
				  which authorizes the construction or operation of a cable system.
"Cable operator" means any person or group of
				  persons:
(1) Who provides cable service over a cable system and
				  directly or through one or more affiliates owns a significant interest in the
				  cable system; or
(2) Who otherwise controls or is responsible for, through any
				  arrangement, the management and operation of a cable system.
"Cable service" means:
(1) The one-way transmission to subscribers of video
				  programming or other programming service; and
(2) Subscriber interaction, if any, which is required for the
				  selection of video programming or other programming service.
"Cable programming service" means any video programming
				  provided over a cable system, regardless of service tier, including
				  installation or rental of equipment used for the receipt of such video
				  programming, other than:
(1) Video programming carried on the basic service
				  tier;
(2) Video programming offered on a pay-per-channel or
				  pay-per-program basis; or
(3) A combination of multiple channels of pay-per-channel or
				  pay-per-program video programming offered on a multiplexed or time-shifted
				  basis so long as the combined service:
(i) Consists of commonly-identified video programming;
				  and
(ii) Is not bundled with any regulated tier of
				  service.
"Cable system" means any facility within the State
				  consisting of a set of closed transmission paths and associated signal
				  generation, reception, and control equipment that is designed to provide cable
				  service which includes video programming and which is provided to multiple
				  subscribers within a community, but does not include:
(1) A facility that serves only to retransmit the television
				  signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in one or more
				  multiple unit dwellings under common ownership, control, or management, unless
				  that facility or facilities uses any public right-of-way; or
(3) A facility of a public utility subject in whole or in
				  part to the provisions of chapter
				  269, HRS, except to the extent that
				  those facilities provide video programming directly to subscribers.
"Cost of service showing" means a rate filing by a cable
				  operator based on costs and made in accordance with any applicable state and
				  federal statutes and rules.
"Department" means the department of commerce and consumer
				  affairs.
"Director" means the director of commerce and consumer
				  affairs.
"Division" means the cable television division of the
				  department.
"FCC" means the Federal Communications Commission.
"Franchise expiration" or "permit expiration" means the date
				  of the expiration of the term of the franchise or permit, as provided under the
				  franchise or permit.
"Person" means an individual, partnership, association,
				  joint stock company, trust, corporation, or governmental
				  agency.