§  76.913   Assumption of jurisdiction by the Commission.

   (a) Upon denial or revocation of the franchising authority's
   certification, the Commission will regulate rates for cable services
   and associated equipment of a cable system not subject to effective
   competition, as defined in §  76.905, in a franchise area. Such
   regulation by the Commission will continue until the franchising
   authority has obtained certification or recertification.

   (b) A franchising authority unable to meet certification standards may
   petition the Commission to regulate the rates for basic cable service
   and associated equipment of its franchisee when:

   (1) The franchising authority lacks the resources to administer rate
   regulation.

   (2) The franchising authority lacks the legal authority to regulate
   basic service rates; Provided, however, That the authority must submit
   with its request a statement detailing the nature of the legal
   infirmity.

   (c) The Commission will regulate basic service rates pursuant to this
   Section until the franchising authority qualifies to exercise
   jurisdiction pursuant to §  76.916.

   [ 58 FR 29753 , May 21, 1993, as amended at  62 FR 6495 , Feb. 12, 1997]

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