so what is the definition of
"cable system", then?
Not all Cable TV data/video is carried solely on cables, and I'd be surprised if they owned the relay satellites that provided the long-range links- so it's not based on the distribution medium or ownership of the whole distribution network...
It's not creation of brand new content- and if it was, they could just create a "public spaces: LIVE!" videofeed and claim that was it.
Could be a tricky one, this...