Goto Section: 76.936 | 76.938 | Table of Contents
FCC 76.937
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.937 Burden of proof.
(a) A cable operator has the burden of proving that its existing or proposed
rates for basic service and associated equipment comply with 47 U.S.C. 543,
and Sec. Sec. 76.922 and 76.923.
(b) For an existing or a proposed rate for basic tier service or associated
equipment that is within the permitted tier charge and actual cost of
equipment as set forth in Sec. Sec. 76.922 and 76.923, the cable operator must
submit the appropriate FCC form.
(c) For an existing or a proposed rate for basic tier service that exceeds
the permitted tier charge as set forth in Sec. Sec. 76.922 and 76.923, the cable
operator must submit a cost-of-service showing to justify the proposed rate.
(d) A franchising authority or the Commission may find a cable operator that
does not attempt to demonstrate the reasonableness of its rates in default
and, using the best information available, enter an order finding the cable
operator's rates unreasonable and mandating appropriate relief, as specified
in Sec. Sec. 76.940, 76.941, and 76.942.
(e) A franchising authority or the Commission may order a cable operator
that has filed a facially incomplete form to file supplemental information,
and the franchising authority's deadline to rule on the reasonableness of
the proposed rates will be tolled pending the receipt of such information. A
franchising authority may set reasonable deadlines for the filing of such
information, and may find the cable operator in default and mandate
appropriate relief, pursuant to paragraph (d) of this section, for the cable
operator's failure to comply with the deadline or otherwise provide complete
information in good faith.
[ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17973 , Apr. 15, 1994]
Goto Section: 76.936 | 76.938
Goto Year: 2007 |
2009
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