§  76.1501   Qualifications to be an open video system operator.

   Any person may obtain a certification to operate an open video system
   pursuant to Section 653(a)(1) of the Communications Act, 47 U.S.C.
   573(a)(1), except that an operator of a cable system may not obtain
   such certification within its cable service area unless it is subject
   to "effective competition" as defined in Section 623(l)(1) of the
   Communications Act, 47 U.S.C. 543(l)(1). The effective competition
   requirement of the preceding sentence does not apply to a local
   exchange carrier that is also a cable operator that seeks open video
   system certification within its cable service area. A cable operator
   that is not subject to effective competition within its cable service
   area may file a petition with the Commission, seeking a finding that
   particular circumstances exist that make it consistent with the public
   interest, convenience, and necessity to allow the operator to convert
   its cable system to an open video system. Nothing herein shall be
   construed to affect the terms of any franchising agreement or other
   contractual agreement.

   [ 65 FR 376 , Jan. 5, 2000]