Goto Section: 76.906 | 76.910 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 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) If the cable operator seeks to demonstrate that effective
competition as defined in § 76.905(b)(1), (3), or (4) exists in the
franchise area, it bears the burden of demonstrating the presence of
such effective competition. Effective competition as defined in
§ 76.905(b)(2) is governed by the presumption in § 76.906, except that
where a franchising authority has rebutted the presumption of competing
provider effective competition as defined in § 76.905(b)(2) and is
certified, the cable operator must demonstrate that circumstances have
changed and effective competition is present 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, as amended at 80 FR 38013 , July 2, 2015]
Goto Section: 76.906 | 76.910
Goto Year: 2020 |
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