Sec. 76.1404  Use of cable facilities by local exchange carriers.

    For purposes of Sec. 76.505(d)(2), the Commission will determine 
whether use of a cable operator's facilities by a local exchange carrier 
is reasonably limited in scope and duration according to the following 
procedures:
    (a) Within 10 days of final execution of a contract permitting a 
local exchange carrier to use that part of the transmission facilities 
of a cable system extending from the last multi-user terminal to the 
premises of the end use, the parties shall submit a copy of such 
contract, along with an explanation of how such contract is reasonably 
limited in scope and duration, to the Commission for review. The parties 
shall serve a copy of this submission on the local franchising 
authority, along with a notice of the local franchising authority's 
right to file comments with the Commission consistent with Sec. 76.7.
    (b) Based on the record before it, the Commission shall determine 
whether the local exchange carrier's use of that part of the 
transmission facilities of a cable system extending from the last multi-
use terminal to the premises of the end user is reasonably limited in 
scope and duration. In making this determination, the Commission will 
evaluate whether the proposed joint use of cable facilities promotes 
competition in both services and facilities, and encourages long-term 
investment in telecommunications infrastructure.

                      Subpart S--Open Video Systems

    Source:   61 FR 28708 , June 5, 1996, unless otherwise noted.