Goto Section: 76.936 | 76.938 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 76.937 Burden of proof.
(a) A cable operator has the burden of proving that its existing or
proposed rates for basic service and associated equipment comply with
47 U.S.C. 543, and § § 76.922 and 76.923.
(b) For an existing or a proposed rate for basic tier service or
associated equipment that is within the permitted tier charge and
actual cost of equipment as set forth in § § 76.922 and 76.923, the
cable operator must submit the appropriate FCC form.
(c) For an existing or a proposed rate for basic tier service that
exceeds the permitted tier charge as set forth in § § 76.922 and
76.923, the cable operator must submit a cost-of-service showing to
justify the proposed rate.
(d) A franchising authority or the Commission may find a cable operator
that does not attempt to demonstrate the reasonableness of its rates in
default and, using the best information available, enter an order
finding the cable operator's rates unreasonable and mandating
appropriate relief, as specified in § § 76.940, 76.941, and 76.942.
(e) A franchising authority or the Commission may order a cable
operator that has filed a facially incomplete form to file supplemental
information, and the franchising authority's deadline to rule on the
reasonableness of the proposed rates will be tolled pending the receipt
of such information. A franchising authority may set reasonable
deadlines for the filing of such information, and may find the cable
operator in default and mandate appropriate relief, pursuant to
paragraph (d) of this section, for the cable operator's failure to
comply with the deadline or otherwise provide complete information in
[ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17973 , Apr. 15, 1994]
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Goto Section: 76.936 | 76.938
Goto Year: 2013 |
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