Goto Section: 76.906 | 76.910 | Table of Contents
FCC 76.907
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 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 Sec. 76.7.
(b) The cable operator bears the burden of rebutting the presumption that
effective competition does not exist with evidence that effective
competition, as defined in Sec. 76.905, exists in the franchise area.
Note to paragraph(b): The criteria for determining effective competition
pursuant to Sec. 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, 1999).
(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 Sec. 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]
Goto Section: 76.906 | 76.910
Goto Year: 2007 |
2009
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