§  76.41   Franchise application process.

   (a) Definition. Competitive franchise applicant. For the purpose of
   this section, an applicant for a cable franchise in an area currently
   served by another cable operator or cable operators in accordance with
   47 U.S.C. 541(a)(1).

   (b) A competitive franchise applicant must include the following
   information in writing in its franchise application, in addition to any
   information required by applicable State and local laws:

   (1) The applicant's name;

   (2) The names of the applicant's officers and directors;

   (3) The business address of the applicant;

   (4) The name and contact information of a designated contact for the
   applicant;

   (5) A description of the geographic area that the applicant proposes to
   serve;

   (6) The PEG channel capacity and capital support proposed by the
   applicant;

   (7) The term of the agreement proposed by the applicant;

   (8) Whether the applicant holds an existing authorization to access the
   public rights-of-way in the subject franchise service area as described
   under paragraph (b)(5) of this section;

   (9) The amount of the franchise fee the applicant offers to pay; and

   (10) Any additional information required by applicable State or local
   laws.

   (c) A franchising authority may not require a competitive franchise
   applicant to negotiate or engage in any regulatory or administrative
   processes prior to the filing of the application.

   (d) When a competitive franchise applicant files a franchise
   application with a franchising authority and the applicant has existing
   authority to access public rights-of-way in the geographic area that
   the applicant proposes to serve, the franchising authority must grant
   or deny the application within 90 days of the date the application is
   received by the franchising authority. If a competitive franchise
   applicant does not have existing authority to access public
   rights-of-way in the geographic area that the applicant proposes to
   serve, the franchising authority must grant or deny the application
   within 180 days of the date the application is received by the
   franchising authority. A franchising authority and a competitive
   franchise applicant may agree in writing to extend the 90-day or
   180-day deadline, whichever is applicable.

   (e) If a franchising authority does not grant or deny an application
   within the time limit specified in paragraph (d) of this section, the
   competitive franchise applicant will be authorized to offer service
   pursuant to an interim franchise in accordance with the terms of the
   application submitted under paragraph (b) of this section.

   (f) If after expiration of the time limit specified in paragraph (d) of
   this section a franchising authority denies an application, the
   competitive franchise applicant must discontinue operating under the
   interim franchise specified in paragraph (e) of this section unless the
   franchising authority provides consent for the interim franchise to
   continue for a limited period of time, such as during the period when
   judicial review of the franchising authority's decision is pending. The
   competitive franchise applicant may seek judicial review of the denial
   under 47 U.S.C. 555.

   (g) If after expiration of the time limit specified in paragraph (d) of
   this section a franchising authority and a competitive franchise
   applicant agree on the terms of a franchise, upon the effective date of
   that franchise, that franchise will govern and the interim franchise
   will expire.

   [ 72 FR 13215 , Mar. 21, 2007]