Goto Section: 76.29 | 76.51 | Table of Contents
FCC 76.41
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 76.41 Franchise application process.
(a) Definition. Competitive franchise applicant. For the purpose of this
section, an applicant for a cable franchise in an area currently served by
another cable operator or cable operators in accordance with 47 U.S.C.
541(a)(1).
(b) A competitive franchise applicant must include the following information
in writing in its franchise application, in addition to any information
required by applicable State and local laws:
(1) The applicant's name;
(2) The names of the applicant's officers and directors;
(3) The business address of the applicant;
(4) The name and contact information of a designated contact for the
applicant;
(5) A description of the geographic area that the applicant proposes to
serve;
(6) The PEG channel capacity and capital support proposed by the applicant;
(7) The term of the agreement proposed by the applicant;
(8) Whether the applicant holds an existing authorization to access the
public rights-of-way in the subject franchise service area as described
under paragraph (b)(5) of this section;
(9) The amount of the franchise fee the applicant offers to pay; and
(10) Any additional information required by applicable State or local laws.
(c) A franchising authority may not require a competitive franchise
applicant to negotiate or engage in any regulatory or administrative
processes prior to the filing of the application.
(d) When a competitive franchise applicant files a franchise application
with a franchising authority and the applicant has existing authority to
access public rights-of-way in the geographic area that the applicant
proposes to serve, the franchising authority must grant or deny the
application within 90 days of the date the application is received by the
franchising authority. If a competitive franchise applicant does not have
existing authority to access public rights-of-way in the geographic area
that the applicant proposes to serve, the franchising authority must grant
or deny the application within 180 days of the date the application is
received by the franchising authority. A franchising authority and a
competitive franchise applicant may agree in writing to extend the 90-day or
180-day deadline, whichever is applicable.
(e) If a franchising authority does not grant or deny an application within
the time limit specified in paragraph (d) of this section, the competitive
franchise applicant will be authorized to offer service pursuant to an
interim franchise in accordance with the terms of the application submitted
under paragraph (b) of this section.
(f) If after expiration of the time limit specified in paragraph (d) of this
section a franchising authority denies an application, the competitive
franchise applicant must discontinue operating under the interim franchise
specified in paragraph (e) of this section unless the franchising authority
provides consent for the interim franchise to continue for a limited period
of time, such as during the period when judicial review of the franchising
authority's decision is pending. The competitive franchise applicant may
seek judicial review of the denial under 47 U.S.C. 555.
(g) If after expiration of the time limit specified in paragraph (d) of this
section a franchising authority and a competitive franchise applicant agree
on the terms of a franchise, upon the effective date of that franchise, that
franchise will govern and the interim franchise will expire.
[ 72 FR 13215 , Mar. 21, 2007]
Subpart D—Carriage of Television Broadcast Signals
Goto Section: 76.29 | 76.51
Goto Year: 2006 |
2008
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