§  76.1502   Certification.

   (a) An operator of an open video system must certify to the Commission
   that it will comply with the Commission's regulations in 47 CFR
   76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513. The
   Commission must approve such certification prior to the commencement of
   service at such a point in time that would allow the applicant
   sufficient time to comply with the Commission's notification
   requirements.

   (b) Certifications must be verified by an officer or director of the
   applicant, stating that, to the best of his or her information and
   belief, the representations made therein are accurate.

   (c) Certifications must be filed on FCC Form 1275 and must include:

   (1) The applicant's name, address and telephone number;

   (2) A statement of ownership, including all affiliated entities;

   (3) If the applicant is a cable operator applying for certification in
   its cable franchise area, a statement that the applicant is qualified
   to operate an open video system under Section 76.1501.

   (4) A statement that the applicant agrees to comply and to remain in
   compliance with each of the Commission's regulations in § § 76.1503,
   76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513;

   (5) If the applicant is required under 47 CFR 64.903(a) of this chapter
   to file a cost allocation manual, a statement that the applicant will
   file changes to its manual at least 60 days before the commencement of
   service;

   (6) A list of the names of the anticipated local communities to be
   served upon completion of the system;

   (7) The anticipated amount and type ( i.e. , analog or digital) of
   capacity (for switched digital systems, the anticipated number of
   available channel input ports); and

   (8) A statement that the applicant will comply with the Commission's
   notice and enrollment requirements for unaffiliated video programming
   providers.

   (d)(1) On or before the date an FCC Form 1275 is filed with the
   Commission, the applicant must serve a copy of its filing on all local
   communities identified pursuant to paragraph (c)(6) of this section and
   must include a statement informing the local communities of the
   Commission's requirements in paragraph (e) of this section for filing
   oppositions and comments. Service by mail is complete upon mailing, but
   if mailed, the served documents must be postmarked at least 3 days
   prior to the filing of the FCC Form 1275 with the Commission.

   (2) Parties are required to attach a cover sheet to the filing
   indicating that the submission is an open video system certification
   application. The only wording on this cover sheet shall be "Open Video
   System Certification Application" and "Attention: Media Bureau." This
   wording shall be located in the center of the page and should be in
   letters at least1/2inch in size. Parties shall also include the words
   "open video systems" on their mailing envelope.

   (e)(1) Comments or oppositions to a certification must be filed within
   five calendar days of the Commission's receipt of the certification and
   must be served on the party that filed the certification. If, after
   making the necessary calculations, the due date for filing comments
   falls on a holiday, comments shall be filed on the next business day
   before noon, unless the nearest business day precedes the fifth
   calendar day following a filing, in which case the comments will be due
   on the preceding business day. For example, if the fifth day falls on a
   Saturday, then the filing would be due on that preceding Friday.
   However, if the fifth day falls on Sunday, then the filing will be due
   on the next day, Monday, before noon (or Tuesday, before noon if the
   Monday is a holiday).

   (2) Parties wishing to respond to a FCC Form 1275 filing must submit
   comments or oppositions with the Office of the Secretary and the Bureau
   Chief, Media Bureau. Comments will not be considered properly filed
   unless filed with both of these Offices. Parties are required to attach
   a cover sheet to the filing indicating that the submission is a
   pleading related to an open video system application, the only wording
   on this cover sheet shall be "Open Video System Certification
   Application Comments." This wording shall be located in the center of
   the page and should be in letters at least 1/2 inch in size. Parties
   shall also include the words "open video systems" on their mailing
   envelopes.

   (f) If the Commission does not disapprove the certification application
   within ten days after receipt of an applicant's request, the
   certification application will be deemed approved. If disapproved, the
   applicant may file a revised certification or refile its original
   submission with a statement addressing the issues in dispute. Such
   refilings must be served on any objecting party or parties and on all
   local communities in which the applicant intends to operate. The
   Commission will consider any revised or refiled FCC Form 1275 to be a
   new proceeding and any party who filed comments regarding the original
   FCC Form 1275 will have to refile their original comments if they think
   such comments should be considered in the subsequent proceeding.

   [ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43175 , Aug. 21, 1996;
    62 FR 26238 , May 13, 1997;  63 FR 31934 , June 11, 1998;  65 FR 377 , Jan.
   5, 2000;  67 FR 13235 , Mar. 21, 2002]