Sec. 76.913  Assumption of jurisdiction by the Commission.

    (a) Upon denial or revocation of the franchising authority's 
certification, the Commission will regulate rates for cable services and 
associated equipment of a cable system not subject to effective 
competition, as defined in Sec. 76.905, in a franchise area. Such 
regulation by the Commission will continue until the franchising 
authority has obtained certification or recertification.
    (b) A franchising authority unable to meet certification standards 
may petition the Commission to regulate the rates for basic cable 
service and associated equipment of its franchisee when:
    (1) The franchising authority lacks the resources to administer rate 
regulation.
    (2) The franchising authority lacks the legal authority to regulate 
basic service rates; Provided, however, That the authority must submit 
with its request a statement detailing the nature of the legal 
infirmity.
    (c) The Commission will regulate basic service rates pursuant to 
this Section until the franchising authority qualifies to exercise 
jurisdiction pursuant to Sec. 76.916.

[58 1997 FR 29753 , May 21, 1993, as amended at  62 FR 6495 , Feb. 12, 1997]

    Effective Date Note:  At  62 FR 6495 , Feb. 12, 1997, in Sec. 76.913, 
paragraph (b)(1) was revised. This amendment contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.