Sec. 76.916 Petition for recertification.
(a) After its request for certification has been denied or its
existing certification has been revoked, a franchising authority wishing
to assume jurisdiction to regulate basic service and associated
equipment rates must file a ``Petition for Recertification'' accompanied
by a copy of the earlier decision denying or revoking certification.
(b) The petition must:
(1) Meet the requirements set forth in 47 U.S.C. 543(a)(3);
(2) State that the cable system is not subject to effective
competition; and
(3) Contain a clear showing, supported by either objectively
verifiable data such as a state statute, or by affidavit, that the
reasons for the earlier denial or revocation no longer pertain.
(c) The petition must be served on the cable operator and on any
interested party that participated in the proceeding denying or revoking
the original certification.
(d) Oppositions may be filed within 15 days after the petition is
filed, and must be served on the petitioner. Replies may be filed within
seven days of filing of oppositions, and must be served on the opposing
party(ies).
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