Goto Section: 76.1501 | 76.1503 | Table of Contents
FCC 76.1502
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.1502 Certification.
(a) An operator of an open video system must certify to the Commission that
it will comply with the Commission's regulations in 47 CFR 76.1503, 76.1504,
76.1506(m), 76.1508, 76.1509, and 76.1513. The Commission must approve such
certification prior to the commencement of service at such a point in time
that would allow the applicant sufficient time to comply with the
Commission's notification requirements.
(b) Certifications must be verified by an officer or director of the
applicant, stating that, to the best of his or her information and belief,
the representations made therein are accurate.
(c) Certifications must be filed on FCC Form 1275 and must include:
(1) The applicant's name, address and telephone number;
(2) A statement of ownership, including all affiliated entities;
(3) If the applicant is a cable operator applying for certification in its
cable franchise area, a statement that the applicant is qualified to operate
an open video system under Section 76.1501.
(4) A statement that the applicant agrees to comply and to remain in
compliance with each of the Commission's regulations in Sec. Sec. 76.1503, 76.1504,
76.1506(m), 76.1508, 76.1509, and 76.1513;
(5) If the applicant is required under 47 CFR 64.903(a) of this chapter to
file a cost allocation manual, a statement that the applicant will file
changes to its manual at least 60 days before the commencement of service;
(6) A list of the names of the anticipated local communities to be served
upon completion of the system;
(7) The anticipated amount and type ( i.e. , analog or digital) of capacity
(for switched digital systems, the anticipated number of available channel
input ports); and
(8) A statement that the applicant will comply with the Commission's notice
and enrollment requirements for unaffiliated video programming providers.
(d)(1) On or before the date an FCC Form 1275 is filed with the Commission,
the applicant must serve a copy of its filing on all local communities
identified pursuant to paragraph (c)(6) of this section and must include a
statement informing the local communities of the Commission's requirements
in paragraph (e) of this section for filing oppositions and comments.
Service by mail is complete upon mailing, but if mailed, the served
documents must be postmarked at least 3 days prior to the filing of the FCC
Form 1275 with the Commission.
(2) Parties are required to attach a cover sheet to the filing indicating
that the submission is an open video system certification application. The
only wording on this cover sheet shall be “Open Video System Certification
Application” and “Attention: Media Bureau.” This wording shall be located in
the center of the page and should be in letters at least1/2inch in size.
Parties shall also include the words “open video systems” on their mailing
envelope.
(e)(1) Comments or oppositions to a certification must be filed within five
calendar days of the Commission's receipt of the certification and must be
served on the party that filed the certification. If, after making the
necessary calculations, the due date for filing comments falls on a holiday,
comments shall be filed on the next business day before noon, unless the
nearest business day precedes the fifth calendar day following a filing, in
which case the comments will be due on the preceding business day. For
example, if the fifth day falls on a Saturday, then the filing would be due
on that preceding Friday. However, if the fifth day falls on Sunday, then
the filing will be due on the next day, Monday, before noon (or Tuesday,
before noon if the Monday is a holiday).
(2) Parties wishing to respond to a FCC Form 1275 filing must submit
comments or oppositions with the Office of the Secretary and the Bureau
Chief, Media Bureau. Comments will not be considered properly filed unless
filed with both of these Offices. Parties are required to attach a cover
sheet to the filing indicating that the submission is a pleading related to
an open video system application, the only wording on this cover sheet shall
be “Open Video System Certification Application Comments.” This wording
shall be located in the center of the page and should be in letters at least
1/2 inch in size. Parties shall also include the words “open video
systems” on their mailing envelopes.
(f) If the Commission does not disapprove the certification application
within ten days after receipt of an applicant's request, the certification
application will be deemed approved. If disapproved, the applicant may file
a revised certification or refile its original submission with a statement
addressing the issues in dispute. Such refilings must be served on any
objecting party or parties and on all local communities in which the
applicant intends to operate. The Commission will consider any revised or
refiled FCC Form 1275 to be a new proceeding and any party who filed
comments regarding the original FCC Form 1275 will have to refile their
original comments if they think such comments should be considered in the
subsequent proceeding.
[ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43175 , Aug. 21, 1996; 62 FR 26238 , May 13, 1997; 63 FR 31934 , June 11, 1998; 65 FR 377 , Jan. 5, 2000; 67 FR 13235 , Mar. 21, 2002]
Goto Section: 76.1501 | 76.1503
Goto Year: 2007 |
2009
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