Goto Section: 76.910 | 76.912 | Table of Contents
FCC 76.911
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.911 Petition for reconsideration of certification.
(a) A cable operator (or other interested party) may challenge a franchising
authority's certification by filing a petition for reconsideration pursuant
to Sec. 1.106. The petition may allege either of the following:
(1) The cable operator is not subject to rate regulation because effective
competition exists as defined in Sec. 76.905. Sections 76.907(b) and (c) apply
to petitions filed under this section.
(2) The franchising authority does not meet the certification standards set
forth in 47 U.S.C. 543(a)(3).
(b) Stay of rate regulation. (1) The filing of a petition for
reconsideration pursuant to paragraph (a)(1) of this section will
automatically stay the imposition of rate regulation pending the outcome of
the reconsideration proceeding.
(2) A petitioner filing pursuant to paragraph (a)(2) of this section may
request a stay of rate regulation.
(3) In any case in which a stay of rate regulation has been granted, if the
petition for reconsideration is denied, the cable operator may be required
to refund any rates or portion of rates above the permitted tier charge or
permitted equipment charge which were collected from the date the operator
implements a prospective rate reduction back in time to September 1, 1993,
or one year, whichever is shorter.
(c) The filing of a petition for reconsideration alleging the presence of
effective competition based on frivolous grounds is prohibited, and may be
subject to forfeitures.
(d) If the Commission upholds a challenge to a certification filed pursuant
to paragraph (a)(2) of this section, the Commission will notify the
franchising authority of the revisions necessary to secure approval and
provide the authority an opportunity to amend its certification however
necessary to secure approval. Provided, however, That pending approval of
certification, the Commission will assume jurisdiction over basic cable
service rates in that franchise area.
[ 58 FR 29753 , May 21, 1993, as amended at 58 FR 46735 , Sept. 2, 1993; 64 FR 35950 , July 2, 1999]
Goto Section: 76.910 | 76.912
Goto Year: 2007 |
2009
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