Sec. 76.1402  CPST rate complaints.

    (a) A local franchise authority may file rate complaints with the 
Commission within 180 days of the effective date of a rate increase on 
the cable operator's cable programming services tier if within 90 days 
of that increase the local franchise authority receives more than one 
subscriber complaint concerning the increase.
    (b) Before filing a rate complaint with the Commission, the local 
franchise authority must first give the cable operator written notice, 
including a draft FCC Form 329, of the local franchise authority's 
intent to file the complaint. The local franchise authority must give an 
operator a minimum of 30 days to file with the local franchise authority 
the relevant FCC forms that must be filed to justify a rate increase or, 
where appropriate, certification that the operator is not subject to 
rate regulation. The operator must file a complete response with the 
local

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franchise authority within the time period specified by the local 
franchise authority. The local franchise authority shall file with the 
Commission the complaint and the operator's response to the Complaint. 
If the operator's response to the complaint asserts that the operator is 
exempt from rate regulation, the operator's response can be filed with 
the local franchise authority without filing specific FCC Forms.