Rhode Island Code of Regulations › Title 815 - Division of Public Utilities and Carriers › Chapter 10 - Telecommunications › Subchapter 05 - Cable Television › Part 1 - Rules Governing Community Antenna Television Systems (815-RICR-10-05-1) › Section 815-RICR-10-05-1.1 - General Provisions

Current through June 14, 2024
1.1.1
Authority
These rules and regulations are promulgated in accordance
					 with the authority granted to the Division of Public Utilities and Carriers by
					 R.I. Gen. Laws §§
											39-19-2 and
					 39-19-6 and by R.I. Gen. Laws
					 §§
											16-61-6 and
					 16-61-6.2, as amended, to
					 supervise and regulate every company owning or operating a community antenna
					 television plant within this State and the Rhode Island Public
					 Telecommunications Authority in connection with that entity's ownership and
					 operation of its PEG access studio(s) and playback equipment, and the Statewide
					 Interconnection System.
1.1.2
Definitions
A. For the purpose of these rules, the
				  following terms, phrases, words and their derivations have the meaning given
				  herein. When not inconsistent with the context, words in the plural number
				  include the singular number, and words in the singular number include the
				  plural number. The words "shall" and "will" are mandatory and "may" is
				  permissive. Words not defined shall be given their common and ordinary meaning,
				  unless it can be reasonably inferred that a meaning particular to the community
				  antenna television industry should be utilized, in which case meanings or
				  definitions used by the FCC shall apply.
1.
				  "Administrator" means the Administrator of the Division of Public Utilities and
				  Carriers.
2. "Basic service" means
				  any service tier which includes the retransmission of local television
				  broadcast signals and such other components for inclusion in the Basic Service
				  tier required by federal law.
3.
				  "Cable service" means
a. the one-way
				  transmission to Subscribers of
(1) Video
				  Programming, or
(2) Other
				  Programming Service, and
b. Subscriber interaction, if any, which is
				  required for the selection or use of such Video Programming or Other
				  Programming Service.
4.
				  "Cable programming service" means any Video Programming provided over a CATV
				  System, regardless of service tier, including installation or rental of
				  equipment used for receipt of such Video Programming, other than
a. Video Programming carried on the Basic
				  Service tier, and
b. Video
				  Programming offered on a per-channel or per-program basis.
5. "CATV company," "CATV operator" or "CATV
				  system operator" means any person or group of persons:
a. who provides Cable Service which is used
				  in a CATV System and directly or through one or more affiliates owns a
				  significant interest in such CATV System, or
b. who otherwise controls or is responsible
				  for, through any arrangement, the management and operation of such CATV
				  System.
6. "CATV service
				  area" or "Service area" means a geographic area, as may be defined by
				  political, metes and bounds, or other appropriate description, which
				  encompasses a CATV System's entire projected Service Area. Such boundaries may
				  include areas which in the judgment of the Administrator and the party
				  proposing the CATV Service Area, extension of service is not immediately
				  feasible but may be in the future.
7. "Certificate" means a document issued by
				  the Administrator which confers certain rights and which authorizes particular
				  phases of planning, construction, and/or operation of a CATV System. Such term
				  applies to any or all of the specific certificates defined in this section, as
				  indicated by the context.
8.
				  "Certificate of authority to operate" means a Certificate issued by the
				  Administrator to a holder of a valid Construction Certificate and a valid
				  Compliance Order Certificate, authorizing the operation of a CATV System in
				  compliance with applicable laws, regulations, and orders of the Administrator.
				  Such Certificate shall authorize the holder to begin provision of actual
				  service to the public.
9.
				  "Community antenna television system" or "CATV system" means a facility,
				  consisting of a set of closed transmission paths and associated signal
				  generation, reception, and control equipment that is designed to provide Cable
				  Service which includes Video Programming and which is provided to multiple
				  Subscribers within a community. Such definition shall not include:
a. a facility that serves only to retransmit
				  the television signals of 1 or more television broadcast stations;
b. a facility which does not use public
				  rights of way, public highways or streets, or private streets offered for
				  public dedication for the construction and operation of its physical
				  plant;
c. a facility of a common
				  carrier as defined by federal law except to the extent such facility is used in
				  the transmission of Video Programming directly to Subscribers, unless the
				  extent of such use is solely to provide interactive on-demand services as
				  defined by federal law;
d. an open
				  video system as defined by federal law; or
e. any facilities of any electric utility
				  used solely for operating its electric utility system.
10. "Class IV CATV channel" means a signaling
				  path provided by a CATV System to transmit signals of any type from a
				  Subscriber terminal to another point in the CATV System.
11. "Commission" means the Public Utilities
				  Commission of the State of Rhode Island.
12. "Compliance order certificate" means a
				  Certificate issued by the Administrator designating a particular applicant as
				  grantee and holder of franchise and ownership rights to a CATV System within a
				  specified Service Area. Such Certificate does not constitute authority to
				  construct or operate a CATV System.
13. "Construction certificate" means a
				  Certificate issued by the Administrator to a holder of a valid Compliance Order
				  Certificate, authorizing construction of a CATV System which will meet specific
				  design and operational criteria set forth in these rules and orders of the
				  Administrator. Such Certificates shall specify the information required by
				  these rules and the laws of this State. Issuance of a Construction Certificate
				  does not confer authority to operate a CATV System.
14. "Converter" means an electronic device
				  which converts signals to a frequency not susceptible to interference within
				  the television receiver of a Subscriber, and by an appropriate channel selector
				  also permits Subscribers to view all signals included in the Basic Service
				  delivered at designated converted dial locations.
15. "Division" means the Rhode Island
				  Division of Public Utilities and Carriers, and any legally appointed,
				  designated or elected agent or successor.
16. "Electing CATV operator" means an entity
				  defined in §1.1.2(A)(5) of this Part that elects to continue to manage PEG
				  access studios within its Service Area pursuant to R.I. Gen. Laws §
												16-61-6.2(e).
17. "FCC" means the Federal Communications
				  Commission, and any legally appointed, designated, or elected
				  successor.
18. "Gross revenues"
				  means all revenue derived directly or indirectly by a CATV Certificate holder,
				  its affiliates, subsidiaries, parent, and any person in which it has a
				  financial interest, from or in connection with the operation of a CATV System
				  within the State of Rhode Island pursuant to these rules and the laws of this
				  State; provided, however, all revenues, shall include but not be limited to
				  Basic Service monthly fees, pay cable fees, installation and reconnection fees,
				  leased channel fees, converter rentals, and advertising revenues; and that this
				  shall not include any taxes on services furnished by a CATV System Operator
				  imposed directly upon any Subscriber or user by a Municipality, the State, or
				  other governmental unit and collected by a CATV System Operator on behalf of
				  said governmental unit. Gross Revenues shall not include revenues derived from
				  Information Services.
19.
				  "Information service" means the offering of a capability for generating,
				  acquiring, storing, transforming, processing, retrieving, utilizing, or making
				  available information via telecommunications, and includes electronic
				  publishing, but does not include any use of any such capability for the
				  management, control, or operation of a telecommunications system or the
				  management of a telecommunications service.
20. "Interconnect" means the entity
				  designated by the Administrator and the Rhode Island General Laws to construct
				  and operate, as necessary, the transmission and reception facilities necessary
				  to administer and operate a Statewide Interconnection System.
21. "Institutional network" means a
				  communication network which is constructed or operated by the CATV Operator and
				  is generally available only to institutional Subscribers and/or users for
				  receiving institutional services.
22. "Municipality" means a city or town in
				  the State of Rhode Island.
23.
				  "Other programming service" means information that a CATV Operator makes
				  available to all Subscribers generally.
24. "Proper service" means service in
				  accordance with standards established the FCC in
				  47 C.F.R. §§
													76.601 through 76.630.2 (2018).
25. "PEG" means public, education and
				  government.
26. "Residential
				  network" means a communications network constructed or operated by a CATV
				  Operator that is available to Subscribers.
27. "RIPTA" means The Rhode Island Public
				  Telecommunications Authority or its designee and is the entity with powers,
				  duties of authority and subject to regulatory authority as provided for the in
				  R.I. Gen. Laws §§
												16-61-6 and
				  16-61-6.2.
28. "Significantly viewed" means, as applied
				  to a broadcast television station, viewed in a certain percentage of households
				  not subscribing to CATV services, as determined in accordance with FCC rules
				  (47 C.F.R. §§
													76.5(i),
				  76.54 (2018)).
29. "State" means the State of Rhode Island
				  and Providence Plantations.
30.
				  "Statewide interconnection system" means a system of broad-band electronic
				  linkages by means of microwave, coaxial cable, or other means whereby the
				  signals and electrical impulses of radio, television and other intelligences,
				  either analog or digital, may be interchanged among any or all Service Areas or
				  CATV Systems in this State.
31.
				  "Subscriber" means a member of the general public or any commercial,
				  noncommercial, governmental or institutional customer: who receives services
				  and/or programming distributed by a CATV System and does not further distribute
				  them, and who is responsible for any tariffed installation and/or monthly
				  service charges.
32. "Video
				  programming" means programming provided by, or generally considered comparable
				  to programming provided by, a television broadcast station.