Sec.  76.956   Cable operator response.

   (a) Unless otherwise directed by the local franchising authority, a cable
   operator must file with the local franchise authority a response to the
   complaint. The response shall indicate when the cable operator received
   notice of the complaint. Service by mail is complete upon mailing. See
    Sec. 1.47(f)  of  this chapter. The response shall include the information
   required  by  the  appropriate FCC form, including rate cards, channel
   line-ups, and an explanation of any discrepancy in the figures provided in
   these  documents and the rate filing. The cable operator must file its
   response with the local franchise authority via first class mail.

   (b) The burden shall be on the cable operator to prove that the service rate
   or equipment charge in question is not unreasonable. The cable operator may
   carry its burden in the following manner:

   (1)  For  a service rate at or below the permitted level, by providing
   information and calculations that demonstrate that the rate in question
   falls at or below the permitted level;

   (2) For a service rate that exceeds the permitted level;

   (i) By providing proof that the cable system has reduced the rate for the
   cable programming service at issue to a level at or below the permitted
   level; or

   (ii) By providing detailed cost-based information that demonstrates that the
   rate  in  question  is reasonable despite the fact that it exceeds the
   permitted level.

   (3)  For  a  charge for equipment installation or rental, by providing
   information  that  demonstrates  that the charge is based on the cable
   operator's actual cost.

   (c)  In addition to responding to the merits of a complaint, the cable
   operator may also move for dismissal of the complaint for failure to meet
   the minimum showing requirement. Any such motion for dismissal must state
   with particularity the reasons the cable operator believes the complaint is
   defective and shall not relieve the cable operator of its obligation to
   respond to the merits of the complaint.

   (d) A cable operator may file a consolidated response to multiple complaints
   regarding the identical rate or rate increase. A consolidated response must
   be filed within 30 days from the date of service of the first complaint
   received, unless the Commission notifies the cable operator to the contrary.
   A cable operator may amend a consolidated response to address new issues
   raised by complaints received after the cable operator's initial response.

   (e) A cable operator that fails to file and serve a response to a valid
   complaint may be deemed in default. If the Commission deems a cable operator
   in default, the Commission may enter an order against the cable operator
   finding the rate to be unreasonable and mandating appropriate relief.

   (f) A cable operator need not respond to any complaint that is:

   (1) Not filed on the applicable form; or

   (2) That the Commission determined is defective and has so notified the
   cable operator.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17975 , Apr. 15, 1994;  61 FR 18979 , Apr. 30, 1996;  64 FR 35950 , July 2, 1999]