§ 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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