Goto Section: 76.943 | 76.945 | Table of Contents
FCC 76.944
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.944 Commission review of franchising authority decisions on rates for
the basic service tier and associated equipment.
(a) The Commission shall be the sole forum for appeals of decisions by
franchising authorities on rates for the basic service tier or associated
equipment involving whether or not a franchising authority has acted
consistently with the Cable Act or Sec. Sec. 76.922 and 76.923. Appeals of
ratemaking decisions by franchising authorities that do not depend upon
determining whether a franchising authority has acted consistently with the
Cable Act or Sec. Sec. 76.922 and 76.923, may be heard in state or local courts.
(b) Any participant at the franchising authority level in a ratemaking
proceeding may file an appeal of the franchising authority's decision with
the Commission within 30 days of release of the text of the franchising
authority's decision as computed under Sec. 1.4(b) of this chapter. Appeals
shall be served on the franchising authority or other authority that issued
the rate decision. Where the state is the appropriate decisionmaking
authority, the state shall forward a copy of the appeal to the appropriate
local official(s). Oppositions may be filed within 15 days after the appeals
is filed, and must be served on the party(ies) appealing the rate decision.
Replies may be filed 7 days after the last day for oppositions and shall be
served on the parties to the proceeding.
(c) An operator that uses the annual rate adjustment method under Section
76.922(e) may include in its next true up under Section 76.922(e)(3) any
amounts to which the operator would have been entitled but for a franchising
authority decision that is not upheld on appeal.
[ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17974 , Apr. 15, 1994; 60 FR 52121 , Oct. 5, 1995]
Effective Date Note: At 60 FR 52121 , Oct. 5, 1995, in Sec. 76.944, paragraph
(c) was added. This paragraph contains information collection and
recordkeeping requirements and will not become effective until 30 days after
approval has been given by the Office of Management and Budget.
Goto Section: 76.943 | 76.945
Goto Year: 2007 |
2009
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