§  76.1402   CPST rate complaints.

   (a) A local franchise authority may file rate complaints with the
   Commission within 180 days of the effective date of a rate increase on
   the cable operator's cable programming services tier if within 90 days
   of that increase the local franchise authority receives more than one
   subscriber complaint concerning the increase.

   (b) Before filing a rate complaint with the Commission, the local
   franchise authority must first give the cable operator written notice,
   including a draft FCC Form 329, of the local franchise authority's
   intent to file the complaint. The local franchise authority must give
   an operator a minimum of 30 days to file with the local franchise
   authority the relevant FCC forms that must be filed to justify a rate
   increase or, where appropriate, certification that the operator is not
   subject to rate regulation. The operator must file a complete response
   with the local franchise authority within the time period specified by
   the local franchise authority. The local franchise authority shall file
   with the Commission the complaint and the operator's response to the
   Complaint. If the operator's response to the complaint asserts that the
   operator is exempt from rate regulation, the operator's response can be
   filed with the local franchise authority without filing specific FCC
   Forms.