Goto Section: 76.906 | 76.910 | Table of Contents
FCC 76.907
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.907 Petition for a determination of effective competition.
(a) A cable operator (or other interested party) may file a petition for a
determination of effective competition with the Commission pursuant to the
Commission's procedural rules in § 76.7.
(b) If the cable operator seeks to demonstrate that effective competition as
defined in § 76.905(b)(1), (3), or (4) exists in the franchise area, it bears
the burden of demonstrating the presence of such effective competition.
Effective competition as defined in § 76.905(b)(2) is governed by the
presumption in § 76.906, except that where a franchising authority has
rebutted the presumption of competing provider effective competition as
defined in § 76.905(b)(2) and is certified, the cable operator must
demonstrate that circumstances have changed and effective competition is
present in the franchise area.
Note to paragraph (b): The criteria for determining effective competition
pursuant to § 76.905(b)(4) are described in Implementation of Cable Act
Reform Provisions of the Telecommunications Act of 1996, Report and Order in
CS Docket No. 96-85, FCC 99-57 (released March 29, 1999).
(c) If the evidence establishing effective competition is not otherwise
available, cable operators may request from a competitor information
regarding the competitor's reach and number of subscribers. A competitor
must respond to such request within 15 days. Such responses may be limited
to numerical totals. In addition, with respect to petitions filed seeking to
demonstrate the presence of effective competition pursuant to § 76.905(b)(4),
the Commission may issue an order directing one or more persons to produce
information relevant to the petition's disposition.
[ 64 FR 35950 , July 2, 1999, as amended at 80 FR 38013 , July 2, 2015]
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Goto Section: 76.906 | 76.910
Goto Year: 2014 |
2016
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