Sec. 76.914 Revocation of certification.
(a) A franchising authority's certification shall be revoked if:
(1) After the franchising authority has been given a reasonable
opportunity to comment and cure any minor nonconformance, it is
determined that state and local laws and regulations are in substantial
and material conflict with the Commission's regulations governing cable
(2) After being given an opportunity to cure the defect, a
franchising authority fails to fulfill one of the three conditions for
certification, set forth in 47 U.S.C. 543(a)(3), or any of the
provisions of Sec. 76.910(b).
(b) In all cases of revocation, the Commission will assume
jurisdiction over basic service rates until an authority becomes
recertified. The Commission will also notify the franchising authority
regarding the corrective action that may be taken.
(c) A petition for revocation must be served on the franchising
authority and contain a statement that service was made. The franchising
authority may file an opposition within 30 days of filing of the
petition. A reply may be filed within 15 days of filing the opposition.
(d) While a petition for revocation is pending, and absent grant of
a stay, the franchising authority may continue to regulate the basic
service rates of its franchisees.
[ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17972 , Apr. 15, 1994]
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