Sec. 76.9  Order to show cause; forfeiture proceeding.

    (a) Upon petition by any interested person, the Commission may:
    (1) Issue an order requiring a cable television operator to show 
cause why it should not be directed to cease and desist from violating 
the Commission's rules;
    (2) Initiate a forfeiture proceeding against a cable television 
operator for violation of the Commission's Rules.
    (b) The petition may be submitted informally, by letter, but shall 
be accompanied by a certificate of service on any interested person who 
may be directly affected if an order to show

[[Page 504]]

cause is issued or a forfeiture proceeding initiated. An original and 
two copies of the petition and all subsequent pleadings should be filed.
    (c) The petition shall state fully and precisely all pertinent facts 
and considerations relied on to support a determination that issuance of 
an order to show cause or initiation of a forfeiture proceeding would be 
in the public interest. Factual allegations shall be supported by 
affidavit of a person or persons with actual knowledge of the facts, and 
exhibits shall be verified by the person who prepares them.
    (d) Interested persons may submit comments or oppositions to the 
petition within thirty (30) days after it has been filed. For good cause 
shown in the petition, the Commission may, by letter or telegram to 
known interested persons, specify a shorter time for such submissions. 
Comments or oppositions shall be served on petitioner and on all persons 
listed in petitioner's certificate of service, and shall contain a 
detailed full showing supported by affidavit, of any facts or 
circumstances relied on.
    (e) The petitioner may file a reply to the comments or oppositions 
within twenty (20) days after the time for filing such comments or 
oppositions has ended. A reply shall be served on all persons who have 
filed pleadings and shall also contain a detailed full showing, 
supported by affidavit, of any additional facts or considerations relied 
on. For good cause shown, the Commission may specify a shorter time for 
the filing of reply comments.
    (f) The Commission, after consideration of the pleadings, shall 
determine whether the public interest requires the issuance of an order 
to show cause or the initiation of a forfeiture proceeding.

    Note 1: After issuance of an order to show cause, the rules of 
procedure in title 47, part 1, subpart A, Secs. 1.91-1.95 shall apply.

    Note 2: Nothing in this section is intended to prevent the 
Commission from initiating show cause or forfeiture proceedings on its 
own motion; Provided, however, That show cause proceedings and 
forfeiture proceedings pursuant to Sec. 1.80(g) of the rules will not be 
initiated by such motion until the affected parties are given an 
opportunity to respond to the Commission's charges.

    Note 3: Forfeiture proceedings are generally nonhearing matters 
conducted pursuant to the provisions of Sec. 1.80(f) of the rules 
(Notice of Apparent Liability). Petitioners who contend that the 
alternative hearing procedures of Sec. 1.80(g) of the rules should be 
followed in a particular case must support this contention with a 
specific showing of the facts and considerations relied on.


[ 42 FR 56507 , Oct. 26, 1977, as amended at  44 FR 55575 , Sept. 27, 1979]