Sec. 76.1401  Effective competition and local exchange carriers.

    (a) As used in Sec. 76.905(b)(4), the term ``comparable'' 
programming means access to at least 12 channels of programming, at 
least some of which are local television broadcasting signals.
    (b) As used in Sec. 76.905(b)(4), the term ``affiliate'' means a 
person that (directly or indirectly) owns or controls, is owned or 
controlled by, or is under common ownership or control with another 
person. For purposes of the section, the term ``own'' means to own an 
equity interest (or the equivalent thereof) of more than 10 percent.
    (c) An operator meeting the relevant criteria under 
Sec. 76.905(b)(4), may, at any time, file a petition for a determination 
of effective competition with the Commission. The petition should set 
forth information supporting a determination that effective competition 
exists as defined in Sec. 76.905(d)(4).
    (d) Upon filing of a petition described in paragraph (c) of this 
section with the Commission, the operator filing the petition shall 
provide a copy of the petition to the local franchise authority. The 
Commission will issue a public notice of the petition's filing to allow 
interested parties to respond. The Commission may then issue an order 
granting or denying the petition. The Commission may issue an order 
directing one or more persons to produce information relevant to the 
petition's disposition.