Goto Section: 76.907 | 76.911 | Table of Contents
Revised as of December 6, 2018
Goto Year:2018 |
§ 76.910 Franchising authority certification.
Link to an amendment published at 83 FR 60776 , Nov. 27, 2018.
(a) A franchising authority must be certified by the Commission in
order to regulate the basic service tier and associated equipment of a
cable system within its jurisdiction.
(b) To be certified, the franchising authority must file with the
Commission a written certification that:
(1) The franchising authority will adopt and administer regulations
with respect to the rates for the basic service tier that are
consistent with the regulations prescribed by the Commission for
regulation of the basic service tier;
(2) The franchising authority has the legal authority to adopt, and the
personnel to administer, such regulations;
(3) Procedural laws and regulations applicable to rate regulation
proceedings by such authority provide a reasonable opportunity for
consideration of the views of interested parties; and
(4) The cable system in question is not subject to effective
competition. The franchising authority must submit specific evidence
demonstrating its rebuttal of the presumption in § 76.906 that the cable
operator is subject to effective competition pursuant to section
76.905(b)(2). Unless a franchising authority has actual knowledge to
the contrary, the franchising authority may rely on the presumption in
§ 76.906 that the cable operator is not subject to effective competition
pursuant to section 76.905(b)(1), (3), or (4). The franchising
authority bears the burden of submitting evidence rebutting the
presumption that competing provider effective competition, as defined
in § 76.905(b)(2), exists in the franchise area. If the evidence
establishing the lack of effective competition is not otherwise
available, franchising authorities may request from a multichannel
video programming distributor information regarding the multichannel
video programming distributor's reach and number of subscribers. A
multichannel video programming distributor must respond to such request
within 15 days. Such responses may be limited to numerical totals.
(c) The written certification described in paragraph (b) of this
section shall be made by filing the FCC form designated for that
purpose. The form must be filed by
(1) Registered mail, return receipt requested, or
(2) Hand-delivery to the Commission and a date-stamped copy obtained.
The date on the return receipt or on the date-stamped copy is the date
(d) A copy of the certification form described in paragraph (c) of this
section must be served on the cable operator before or on the same day
it is filed with the Commission.
(e) Unless the Commission notifies the franchising authority otherwise,
the certification will become effective 30 days after the date filed,
provided, however, That the franchising authority may not regulate the
rates of a cable system unless it:
(1) Adopts regulations:
(i) Consistent with the Commission's regulations governing the basic
(ii) Providing a reasonable opportunity for consideration of the views
of interested parties, within 120 days of the effective date of
(2) Notifies the cable operator that the authority has been certified
and has adopted the regulations required by paragraph (e)(1) of this
(f) If the Commission denies a franchising authority's certification,
the Commission will notify the franchising authority of any revisions
or modifications necessary to obtain approval.
[ 58 FR 29753 , May 21, 1993, as amended at 80 FR 38013 , July 2, 2015]
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Goto Section: 76.907 | 76.911
Goto Year: 2018 |
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