§ 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 least 1⁄2 inch 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]

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