Sec.  76.945   Procedures for Commission review of basic service rates.

   (a) Upon assumption of rate regulation authority, the Commission will notify
   the cable operator and require the cable operator to file its basic rate
   schedule  with the Commission within 30 days, with a copy to the local
   franchising authority.

   (b) Basic service and equipment rate schedule filings for existing rates or
   proposed rate increases (including increases in the baseline channel change
   that results from reductions in the number of channels in a tier) must use
   the official FCC form, a copy thereof, or a copy generated by FCC software.
   Failure  to  file on the official FCC form or a copy may result in the
   imposition of sanctions specified in  Sec. 76.937(d). Cable operators seeking to
   justify the reasonableness of existing or proposed rates above the permitted
   tier rate must submit a cost-of-service showing sufficient to support a
   finding that the rates are reasonable.

   (c)  Filings  proposing  annual  adjustments or rates within the rates
   regulation standards in  Sec.  Sec. 76.922 and 76.923, must be made 30 days prior to
   the  proposed  effective date and can become effective on the proposed
   effective date unless the Commission issues an order deferring the effective
   date or denying the rate proposal. Petitions opposing such filings must be
   filed within 15 days of public notice of the filing by the cable operator
   and be accompanied by a certificate that service was made on the cable
   operator and the local franchising authority. The cable operator may file an
   opposition within five days of filing of the petition, certifying to service
   on both the petitioner and the local franchising authority.

   (d) Filings proposing a rate not within the rate regulation standards of
    Sec.  Sec. 76.922 and 76.923, must be made 90 days before the requested effective
   date. Petitions opposing such filings must be filed within 30 days of public
   notice of the filing, and be accompanied by a certificate that service was
   made on the cable operator and the local franchising authority. The cable
   operator  may  file  an opposition within 10 days of the filing of the
   petition, and certifying that service was made on the petitioner and the
   local franchising authority.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17974 , Apr. 15, 1994]