FCC 76.1502 Revised as of October 1, 2014
Goto Year:2013 |
§ 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
(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
(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
(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
(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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