Section 212. Definitions

The  words and phrases used in this article shall
  have the following meanings unless a different meaning  clearly  appears
  in the context.
    1.   "Cable   television  company,"  shall  mean  any  person  owning,
  controlling, operating, managing or leasing one or more cable television
  systems within the state.
    2. "Cable television system" shall mean any system which operates  for
  hire  the  service of receiving and amplifying programs broadcast by one
  or more television or radio stations or any other programs originated by
  a cable television company or by any other party, and distributing  such
  programs  by  wire,  cable, microwave or other means, whether such means
  are owned or leased, to  persons  in  one  or  more  municipalities  who
  subscribe  to  such  service.  Such definition does not include: (a) any
  system which serves fewer than fifty  subscribers;  or  (b)  any  master
  antenna television system.
    3.  "Franchise"  shall mean and include any authorization granted by a
  municipality in terms of a  franchise,  privilege,  permit,  license  or
  other municipal authorization to construct, operate, maintain, or manage
  a cable television system in any municipality.
    4.  "Gross  annual  receipts"  shall  mean  any  and  all compensation
  received directly or indirectly by a cable television company  from  its
  operations  within the state, including but not limited to sums received
  from subscribers or  users  in  payment  for  programs  received  and/or
  transmitted,  advertising  and  carrier  service  revenue  and any other
  moneys that constitute income in accordance with the system of  accounts
  approved by the commission.
    Gross  annual  receipts  shall  not  include  any  taxes  on  services
  furnished  by  a  cable  television  company  imposed  directly  on  any
  subscriber  or  user  by  any municipality, state, or other governmental
  unit and collected by the company for such governmental unit.
    5. "Master antenna television system"  shall  mean  any  system  which
  serves  only  the  residents  of  one  or more apartment dwellings under
  common  ownership,  control  or  management,  unless  such  system  uses
  facilities located in a public right of way to provide service.
    6.  "Municipality"  shall  mean  any village, town, city or county not
  wholly contained within a city in the state.
    7.  "State  agency"  shall  mean  any   office,   department,   board,
  commission,    bureau,   division,   public   corporation,   agency   or
  instrumentality of the state.
    8.  "Person"  shall  mean  any   individual,   trustee,   partnership,
  association, corporation or other legal entity.
    9.  "Program"  shall mean any broadcast type program, signal, message,
  graphics, data, or communication content service.
    10. "Downgrade" shall mean  a  change  in  service  initiated  by  the
  subscriber  to  a  less  expensive  service  tier than the one currently
  subscribed to.
    11. "Network" shall mean a group of  programs  distributed,  packaged,
  promoted  or  sold  to  subscribers  as the offering of a single entity,
  including but not limited to, a channel or station.
    12. "Service tier" shall mean a category of cable television  services
  or other services provided by a cable television company and for which a
  rate  or  fee is charged by the cable television company, including, but
  not limited to, basic services, premium networks or services,  recurring
  pay-per-view  services  and other categories of cable services for which
  there are additional charges.
    13. "Network change" shall mean  the  removal  of  a  network  from  a
  service  tier  whether  or  not  added  to another tier or a substantial
  alteration of the character of a network by a cable  television  company

  or an affiliate it controls. Notwithstanding the foregoing, the addition
  of  a  network  to  a  service  tier for promotional purposes where such
  purpose is clearly disclosed to the subscriber and is for  a  period  of
  time  not  exceeding  thirty-one  days,  the subsequent deletion of such
  network after the termination of the promotion, shall not be a  "network
  change".
    14.  "Significant  programming  change"  shall  mean  the  removal  or
  alteration of recurring programming which materially changes the quality
  or level of programming on a network, provided however, such term  shall
  not  include  deletions  of  programs mandated by the regulations of the
  federal communications commission, nor shall  it  include  deletions  of
  programs that are distributed by the cable television company in lieu of
  such  programs  deleted  pursuant  to  such  regulations  of the federal
  communications commission.