Goto Section: 76.955 | 76.957 | Table of Contents
Revised as of
Goto Year:1996 |
Sec. 76.956 Cable operator response.
(a) Unless the Commission notifies a cable operator to the contrary,
the cable operator must file with the Commission a response to the
complaint filed on the applicable form, within 30 days of the date of
service of the complaint. The response shall indicate when service
occurred. Service by mail is complete upon mailing. See Sec. 1.47(f) of
this chapter. The response shall include the information required by the
appropriate FCC Form, including rate cards, channel line-ups, and an
explanation of any discrepancy in the figures provided in these
documents and the rate filing. The cable operator must serve its
response on the complainant via first class mail.
(b) The burden shall be on the cable operator to prove that the
service rate or equipment charge in question is not unreasonable. The
cable operator may carry its burden in the following manner:
(1) For a service rate at or below the permitted level, by providing
information and calculations that demonstrate that the rate in question
falls at or below the permitted level;
(2) For a service rate that exceeds the permitted level;
(i) By providing proof that the cable system has reduced the rate
for the cable programming service at issue to a level at or below the
permitted level; or
(ii) By providing detailed cost-based information that demonstrates
that the rate in question is reasonable despite the fact that it exceeds
the permitted level.
(3) For a charge for equipment installation or rental, by providing
information that demonstrates that the charge is based on the cable
operator's actual cost.
(c) In addition to responding to the merits of a complaint, the
cable operator may also move for dismissal of the complaint for failure
to meet the minimum showing requirement. Any such
motion for dismissal must state with particularity the reasons the cable
operator believes the complaint is defective and shall not relieve the
cable operator of its obligation to respond to the merits of the
(d) A cable operator may file a consolidated response to multiple
complaints regarding the identical rate or rate increase. A consolidated
response must be filed within 30 days from the date of service of the
first complaint received, unless the Commission notifies the cable
operator to the contrary. A cable operator may amend a consolidated
response to address new issues raised by complaints received after the
cable operator's initial response.
(e) A cable operator that fails to file and serve a response to a
valid complaint may be deemed in default. If the Commission deems a
cable operator in default, the Commission may enter an order against the
cable operator finding the rate to be unreasonable and mandating
(f) A cable operator need not respond to any complaint that is:
(1) Not filed on the applicable form; or
(2) That the Commission determined is defective and has so notified
the cable operator.
[ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17975 , Apr. 15, 1994; 61 FR 18979 , Apr. 30, 1996]
Goto Section: 76.955 | 76.957
Goto Year: 1996 |
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