Sec. 76.915  Change in status of cable operator.

    (a) A cable operator that becomes subject to effective competition, 
may

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petition the franchising authority for change in its regulatory status. 
The operator bears the burden of proving the existence of effective 
competition. Oppositions may be filed within 15 days of public notice of 
the filing of the petition, and must be served on the operator. Cable 
operators may reply within 7 days of filing of oppositions.
    (b) Franchising authority decisions on petitions for change in 
status must be made within 30 days after the pleading cycle set forth in 
paragraph (a) of this section closes. Franchising authorities must 
notify the Commission within ten days of any decision changing status. 
Unless the Commission receives an opposition to such change in status, 
the decision will become final 30 days after adoption by the franchising 
authority.
    (c) After an initial determination of the franchising authority that 
effective competition exists becomes final, the franchising authority 
will then cease regulating basic cable service rates, and the 
Commission's regulatory authority over cable programming services for 
the system in the franchise area will also cease.
    (d) A cable operator and a franchising authority may submit a joint 
statement that effective competition exists. The joint statement must 
stipulate which of the three statutory tests for effective competition 
has been met and explain how the test has been satisfied. These joint 
statements will become final decisions within 30 days of filing with the 
Commission, unless challenged by an interested party.
    (e) Cable operators denied a change in status by a franchising 
authority may seek review of that finding at the Commission by filing a 
petition for revocation.
    (f) In cases where a local franchising authority has not been 
certified to regulate rates, a cable operator may petition the 
Commission for change in its regulatory status. The time periods in 
paragraph (a) of this section will apply to oppositions and replies 
concerning these petitions.