FCC 76.911 Revised as of October 1, 2014
Goto Year:2013 |
§ 76.911 Petition for reconsideration of certification.
(a) A cable operator (or other interested party) may challenge a
franchising authority's certification by filing a petition for
reconsideration pursuant to § 1.106. The petition may allege either of
(1) The cable operator is not subject to rate regulation because
effective competition exists as defined in § 76.905. Sections 76.907(b)
and (c) apply to petitions filed under this section.
(2) The franchising authority does not meet the certification standards
set forth in 47 U.S.C. 543(a)(3).
(b) Stay of rate regulation. (1) The filing of a petition for
reconsideration pursuant to paragraph (a)(1) of this section will
automatically stay the imposition of rate regulation pending the
outcome of the reconsideration proceeding.
(2) A petitioner filing pursuant to paragraph (a)(2) of this section
may request a stay of rate regulation.
(3) In any case in which a stay of rate regulation has been granted, if
the petition for reconsideration is denied, the cable operator may be
required to refund any rates or portion of rates above the permitted
tier charge or permitted equipment charge which were collected from the
date the operator implements a prospective rate reduction back in time
to September 1, 1993, or one year, whichever is shorter.
(c) The filing of a petition for reconsideration alleging the presence
of effective competition based on frivolous grounds is prohibited, and
may be subject to forfeitures.
(d) If the Commission upholds a challenge to a certification filed
pursuant to paragraph (a)(2) of this section, the Commission will
notify the franchising authority of the revisions necessary to secure
approval and provide the authority an opportunity to amend its
certification however necessary to secure approval. Provided, however,
That pending approval of certification, the Commission will assume
jurisdiction over basic cable service rates in that franchise area.
[ 58 FR 29753 , May 21, 1993, as amended at 58 FR 46735 , Sept. 2, 1993;
64 FR 35950 , July 2, 1999]
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