§  76.944   Commission review of franchising authority decisions on rates for
the basic service tier and associated equipment.

   (a) The Commission shall be the sole forum for appeals of decisions by
   franchising authorities on rates for the basic service tier or
   associated equipment involving whether or not a franchising authority
   has acted consistently with the Cable Act or § § 76.922 and 76.923.
   Appeals of ratemaking decisions by franchising authorities that do not
   depend upon determining whether a franchising authority has acted
   consistently with the Cable Act or § § 76.922 and 76.923, may be heard
   in state or local courts.

   (b) Any participant at the franchising authority level in a ratemaking
   proceeding may file an appeal of the franchising authority's decision
   with the Commission within 30 days of release of the text of the
   franchising authority's decision as computed under § 1.4(b) of this
   chapter. Appeals shall be served on the franchising authority or other
   authority that issued the rate decision. Where the state is the
   appropriate decisionmaking authority, the state shall forward a copy of
   the appeal to the appropriate local official(s). Oppositions may be
   filed within 15 days after the appeals is filed, and must be served on
   the party(ies) appealing the rate decision. Replies may be filed 7 days
   after the last day for oppositions and shall be served on the parties
   to the proceeding.

   (c) An operator that uses the annual rate adjustment method under
   Section 76.922(e) may include in its next true up under Section
   76.922(e)(3) any amounts to which the operator would have been entitled
   but for a franchising authority decision that is not upheld on appeal.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17974 , Apr. 15, 1994;
    60 FR 52121 , Oct. 5, 1995]