Goto Section: 76.910 | 76.912 | Table of Contents
Revised as of
Goto Year:1996 |
Sec. 76.911 Petition for reconsideration of certification.
(a) A cable operator (or other interested party) may challenge a
franchising authority's certification by filing a petition for
reconsideration. The petition may allege either of the following:
(1) The cable operator is not subject to rate regulation because
effective competition exists as defined in Sec. 76.905.
(2) The franchising authority does not meet the certification
standards set forth in 47 U.S.C. 543(a)(3).
(b)(1) The cable operator bears the burden of rebutting the
presumption that effective competition does not exist with evidence that
effective competition, as defined in Sec. 76,905, exists in the
(2) For purposes of paragraph (a)(1) of this section, if the
evidence establishing effective competition is not otherwise available,
cable operators may request from a competitor information regarding the
competitor's reach and number of subscribers. A competitor must respond
to such request within 15 days. Such responses may be limited to
(c) Stay of rate regulation. (1) The filing of a petition for
reconsideration pursuant to paragraph (a)(1) of this section will
automatically stay the imposition of rate regulation pending the outcome
of the reconsideration proceeding.
(2) A petitioner filing pursuant to paragraph (a)(2) of this section
may request a stay of rate regulation.
(3) In any case in which a stay of rate regulation has been granted,
if the petition for reconsideration is denied, the cable operator may be
required to refund any rates or portion of rates above the permitted
tier charge or permitted equipment charge which were collected from the
date the operator implements a prospective rate reduction back in time
to September 1, 1993, or one year, whichever is shorter.
(d) The filing of a petition for reconsideration alleging the
presence of effective competition based on frivolous grounds is
prohibited, and may be subject to forfeitures.
(e) If the Commission upholds a challenge to a certification filed
pursuant to paragraph (a)(2) of this section, the Commission will notify
the franchising authority of the revisions necessary to secure approval
and provide the authority an opportunity to amend its certification
however necessary to secure approval. Provided, however, That pending
approval of certification, the Commission will assume jurisdiction over
basic cable service rates in that franchise area.
[ 58 FR 29753 , May 21, 1993, as amended at 58 FR 46735 , Sept. 2, 1993]
Goto Section: 76.910 | 76.912
Goto Year: 1996 |
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