FCC 76.907 Revised as of December 4, 2012
Goto Year:2011 |
§ 76.907 Petition for a determination of effective competition.
(a) A cable operator (or other interested party) may file a petition
for a determination of effective competition with the Commission
pursuant to the Commission's procedural rules in § 76.7.
(b) The cable operator bears the burden of rebutting the presumption
that effective competition does not exist with evidence that effective
competition, as defined in § 76.905, exists in the franchise area.
Note to paragraph ( b ): The criteria for determining effective
competition pursuant to § 76.905(b)(4) are described in Implementation
of Cable Act Reform Provisions of the Telecommunications Act of 1996,
Report and Order in CS Docket No. 96-85, FCC 99-57 (released March 29,
(c) If the evidence establishing effective competition is not otherwise
available, cable operators may request from a competitor information
regarding the competitor's reach and number of subscribers. A
competitor must respond to such request within 15 days. Such responses
may be limited to numerical totals. In addition, with respect to
petitions filed seeking to demonstrate the presence of effective
competition pursuant to § 76.905(b)(4), the Commission may issue an
order directing one or more persons to produce information relevant to
the petition's disposition.
[ 64 FR 35950 , July 2, 1999]
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