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
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.
