Sec. 76.937  Burden of proof.

    (a) A cable operator has the burden of proving that its existing or 
proposed rates for basic service and associated equipment comply with 47 
U.S.C. 543, and Secs. 76.922 and 76.923.
    (b) For an existing or a proposed rate for basic tier service or 
associated equipment that is within the permitted tier charge and actual 
cost of equipment as set forth in Secs. 76.922 and 76.923, the cable 
operator must submit the appropriate FCC form.
    (c) For an existing or a proposed rate for basic tier service that 
exceeds the permitted tier charge as set forth in Secs. 76.922 and 
76.923, the cable operator must submit a cost-of-service showing to 
justify the proposed rate.
    (d) A franchising authority or the Commission may find a cable 
operator that does not attempt to demonstrate the reasonableness of its 
rates in default and, using the best information available, enter an 
order finding the cable operator's rates unreasonable and mandating 
appropriate relief, as specified in Secs. 76.940, 76.941, and 76.942.
    (e) A franchising authority or the Commission may order a cable 
operator that has filed a facially incomplete

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form to file supplemental information, and the franchising authority's 
deadline to rule on the reasonableness of the proposed rates will be 
tolled pending the receipt of such information. A franchising authority 
may set reasonable deadlines for the filing of such information, and may 
find the cable operator in default and mandate appropriate relief, 
pursuant to paragraph (d) of this section, for the cable operator's 
failure to comply with the deadline or otherwise provide complete 
information in good faith.

[ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17973 , Apr. 15, 1994]