258.2—Definitions.
(a) Commercial establishment.
The term “commercial establishment” means an establishment used for commercial purposes, such as bars, restaurants, private offices, fitness clubs, oil rigs, retail stores, banks and financial institutions, supermarkets, auto and boat dealerships, and other establishments with common business areas; provided that the term “commercial establishment” shall not include a multi-unit permanent or temporary dwelling where private home viewing occurs, such as hotels, dormitories, hospitals, apartments, condominiums and prisons, all of which shall be subject to the rates applicable to private home viewing.
(b) Syndex-proof signal.
A satellite retransmission of a broadcast signal shall be deemed “syndex proof” for purposes of § 258.3(a) if, during any semi-annual reporting period, the retransmission does not include any program which, if delivered by any cable system in the United States, would be subject to the syndicated exclusivity rules of the Federal Communications Commission.
(c) Per subscriber per month.
The term “per subscriber per month” means each subscriber subscribing to the station in question, or to a package including such station, on the last day of a given month.