FCC Web Documents citing 76.914

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-345A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-345A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-345A1.txt
  • a determination of effective competition pursuant to Section 76.7 of our rules. See 47 C.F.R § 76.7. Three of the communities at issue, Cocoa Beach, Melbourne Beach, and Patrick AFB, are not certified to regulate basic cable rates. The City of Cocoa is certified to regulate rates. Consequently, we will resolve this aspect of Time Warner's petition pursuant to Section 76.914 of the Commission's rules which permits a cable operator to petition the Commission to revoke the certification of a local franchising authority. 47 C.F.R. § 76.914. Social Contract for Time Warner, 11 FCC Rcd 2788 (1996). Time Warner filed a similar petition to change the regulatory status for various cities and towns in Florida, including Cape Canaveral, Melbourne, Satellite Beach,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-553A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-553A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-553A1.txt
  • 4, n. 1 and at 5, n. 2. The petition will be treated as a petition for determination of effective competition pursuant to Sections 76.7 and 76 907 with respect to Cable Partners' franchise areas within the Communities and unincorporated areas of Counties thus identified. The petition will be treated as a petition for revocation of certifications pursuant to Section 76.914 with respect to Cable Partners' franchise areas within the other Communities. 47 U.S.C. § 543(1). 47 C.F.R. § 76.905(b)(4). See 47 U.S.C. § 543(1)(1)(B), which sets forth the ``competing provider'' effective competition test. See 47 U.S.C. § 543(1)(1)(A), which sets forth the ``low penetration'' effective competition test. 47 C.F.R. § 76.906. See 47 U.S.C. § 543(1) and 47 C.F.R. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4108A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4108A1.txt
  • $12.65, effected March 1, 2003, was lawful, and (3) no contrary or punitive action by the Township, including fines and imprisonment, would be lawful. Continued Certification of the Township. Comcast characterizes the Township's conduct as ``totally unsupported by even the most generous interpretation of its position'' and requests that we revoke the Township's certification to set its BST rates. Section 76.914(a)(1) of our Rules provides for such relief, ``[a]fter the franchising authority has been given a reasonable opportunity to comment and cure any minor nonconformance, it is determined that state and local laws and regulations are in substantial and material conflict with the Commission's regulations governing cable rates.'' The Township's actions do not begin to rise to the level of ``substantial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-416A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-416A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-416A1.txt
  • Company, L.P. for a determination of effective competition in Doylestown and Chippewa, Ohio IS GRANTED. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau 47 C.F.R. § 76.7; 47 C.F.R. § 76.905(b)(4); 47 C.F.R. § 76.907. Time Warner states that 47 C.F.R. § 76.914 is inapplicable in this matter because, according to the Commission's public files and to the best of Time Waner's knowledge, neither the Village of Doylestown nor the Township of Chippewa are currently certified to regulate basic service tier rates. 47 U.S.C. § 543(a)(2); 47 C.F.R. § 76.905. 47 U.S.C. § 543(a); 47 C.F.R. § 76.905(b)(4). 47 C.F.R. § 76.906. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1265A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1265A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1265A1.txt
  • the Commission. But they also argue that the Commission's finding of effective competition does not terminate the authority of a local franchising authority to regulate the period that preceded the effective competition finding. Furthermore, prohibiting local franchising authorities from regulating rates in effect prior to a finding of effective competition constitutes a retroactive revocation of regulatory authority and contradicts section 76.914(d) of the Commission's rules which deals with revocation of franchising authority certification. The Board asserts that the Commission's issuance of an effective competition order should not abrogate the local franchising authority's regulatory authority to issue directives in which the rate filing and rate-effective period predates the Commission's finding of effective competition. Finally, even if the Board's authority to regulate did
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • minimum regulatory and administrative burden on cable entities. . Section Number and Title: 76.901 Definitions. 76.905 Standards for identification of cable systems subject to effective competition. 76.906 Presumption of no effective competition. 76.907 Petition for a determination of effective competition. 76.910 Franchising authority certification. 76.911 Petition for reconsideration of certification. 76.912 Joint certification. 76.913 Assumption of jurisdiction by the Commission. 76.914 Revocation of certification. 76.916 Petition for recertification. 76.917 Notification of certification withdrawal. 76.920 Composition of the basic tier. 76.921 Buy-through of other tiers prohibited. 76.922 Rates for the basic service tier and cable programming services tiers. 76.923 Rates for equipment and installation used to receive the basic service tier. 76.924 Allocation to service cost categories. 76.925 Costs of franchise requirements.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-333A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-333A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-333A2.txt
  • the Satellite Home Viewer Act (SHVA) Pending OMB Approval 3060-0865 Wireless Telecommunications Bureau Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements 03/31/07 3060-0874 FCC 475, FCC 475B 11/30/08 3060-0876 USAC Board of Directors Nomination Process, Sec. 54.703 and Review of Administrator's Decision, Secs. 54.719 - 54.725 06/30/06 3060-0881 Sec. 95.861 09/30/08 3060-0882 Sec. 95.833 01/31/09 3060-0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513 05/31/08 3060-0893 Universal Licensing Service (ULS) Pre-Auction Database Corrections 02/28/07 3060-0894 Certification Letter Accounting for Receipt of Federal Support, CC Docket Nos. 96-45 and 96-262 06/30/07 3060-0895 FCC 502 03/31/07 3060-0896 Broadcast Auction Form Exhibits 12/31/08 3060-0897 MDS and ITFS Two-Way Transmissions 07/31/07 3060-0900 Compatibility of Wireless Services with Enhanced 911 - CC Docket No. 94-102
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4354A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4354A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4354A2.txt
  • to Unserved Households for Purposes of the Satellite Home Viewer Act (SHVA) 04/30/09 3060-0865 Wireless Telecommunications Bureau Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements 07/31/10 3060-0874 FCC 475B, FCC 2000 Series 09/30/10 3060-0876 Sec. 54.703 and Secs. 54.719, 54.720, 54.721, 54.722, 54.723, 54.724 and 54.725 09/30/09 3060-0881 Sec. 95.861 09/30/08 3060-0882 Sec. 95.833 01/31/09 3060-0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513 05/31/08 3060-0894 Secs. 54.313 and 54.316 and Certification Letter Accounting for Receipt of Federal Support and Rate Comparability Review and Certification 09/30/10 3060-0895 FCC 502 05/31/10 3060-0896 Broadcast Auction Form Exhibits 12/31/08 3060-0900 Compatibility of Wireless Services with Enhanced 911 - CC Docket No. 94-102 02/28/09 3060-0901 Reports of Common Carriers and Affiliates 04/30/09 3060-0905 Secs.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-448A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-448A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-448A1.txt
  • (SE), DE - CUID No. DE0030. Petition at 1. See 47 U.S.C. § 543(l)(1)(D). 47 C.F.R. § 76.905(b)(4). Mediacom states in its Petition that ``[t]he unincorporated area of Sussex County has filed FCC Form 328 to certify it with the power to regulate basic cable rates [and] . . . requests that the Commission revoke such certification pursuant to Section 76.914(c) of its rules.'' Petition at 1 n.1. In a later filed Erratum, Mediacom states that the DEPSC correctly noted in its Opposition that the authority to regulate basic rates in the unincorporated areas of Sussex County rests with the DEPSC and not with the unincorporated portions of the County. Mediacom therefore amends its Petition and requests that the Commission revoke
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • by the cable operator that it is subject to effective competition. Federal Communications Commission FCC 99-57 98See 47 C.F.R. § 76.915. This section further provides: "Cable operators denied a change in status by a franchising authority may seek review of that finding at the Commission by filing a petition for revocation." 47 C.F.R. § 76.915(e). 99See 47 C.F.R. §§ 76.911, 76.914, 76.915(e). 100Interim Order, 11 FCC Rcd at 5944 & n.28; 47 C.F.R. § 76.1401(c) (interim rule). 101Notice, 11 FCC Rcd at 5963. 102Report and Order, FCC 98-348, 14 FCC Rcd ___ para. 10, 64 Fed. Reg. 6565 (1999). Several commenters in this proceeding have suggested that the Commission adopt various time limits for the filing of oppositions and replies, and
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • and CPST rate regulation. (Communications Act § 623(l)(1), 47 U.S.CC. § 543(l)(1); 47 C.F.R. §§ 76.905(a), 76.1401.) LFAs may not become certified to regulate rates if the operator serving their community is subject to effective competition, and LFAs' certification to regulate is revocable upon a showing that the cable operator has become subject to effective competition. (47 C.F.R. §§ 76.911, 76.914, 76.915.) The Commission, likewise, is not permitted to regulate the CPST rates of systems that are subject to effective competition. (47 C.F.R. § 76.915(c).) Small cable operators serving 50,000 or fewer subscribers in a franchise area are exempt from CPST rate regulation, regardless of whether they are subject to effective competition. (47 C.F.R. § 76.1403.) F-6 to varying degrees, not
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992760.doc
  • 76.910(e); 47 C.F.R. § 76.910(b); see also Communications Act § 623(a)(4), 47 U.S.C. § 543(a)(4). 47 C.F.R. §§ 1.106, 76.911; Implementation of Section of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Report and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631, 5693 (1993) (``Rate Order''). 47 C.F.R. § 76.911(c). 47 C.F.R. § 76.914. 47 C.F.R. § 76.914(d). TCI Petition at 2. Id. at 3. Id., Exhibit D and Exhibit E. Id., Exhibit F. Id. at 4, Exhibit H. The City also owns and operates the electric utility serving Lebanon. Id., Exhibit J. 47 C.F.R. § 76.906. 47 C.F.R. § 76.911(b)(1). Although not a requirement of the municipal provider test, we also note Time
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • by the cable operator that it is subject to effective competition. Federal Communications Commission FCC 99-57 98See 47 C.F.R. § 76.915. This section further provides: "Cable operators denied a change in status by a franchising authority may seek review of that finding at the Commission by filing a petition for revocation." 47 C.F.R. § 76.915(e). 99See 47 C.F.R. §§ 76.911, 76.914, 76.915(e). 100Interim Order, 11 FCC Rcd at 5944 & n.28; 47 C.F.R. § 76.1401(c) (interim rule). 101Notice, 11 FCC Rcd at 5963. 102Report and Order, FCC 98-348, 14 FCC Rcd ___ para. 10, 64 Fed. Reg. 6565 (1999). Several commenters in this proceeding have suggested that the Commission adopt various time limits for the filing of oppositions and replies, and
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000039.doc
  • of the City's certification in an appropriate proceeding, as it later did. 13. TCI-EI has asked the Commission to revoke the City's certification to regulate BST rates because of what it views as a pattern of rate orders that reject rate adjustments without any legitimate reason for doing so. We will deny this request. It is Commission policy under Section 76.914 of the Commission's rules to provide a local franchising authority with an opportunity to cure any defect which could result in revocation of certification with the expectation that the local franchising authority will so do. We will provide Fort Madison with an opportunity to comply with the Commission's rules on written decisions. If future local rate orders are not based
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • and CPST rate regulation. (Communications Act § 623(l)(1), 47 U.S.CC. § 543(l)(1); 47 C.F.R. §§ 76.905(a), 76.1401.) LFAs may not become certified to regulate rates if the operator serving their community is subject to effective competition, and LFAs' certification to regulate is revocable upon a showing that the cable operator has become subject to effective competition. (47 C.F.R. §§ 76.911, 76.914, 76.915.) The Commission, likewise, is not permitted to regulate the CPST rates of systems that are subject to effective competition. (47 C.F.R. § 76.915(c).) Small cable operators serving 50,000 or fewer subscribers in a franchise area are exempt from CPST rate regulation, regardless of whether they are subject to effective competition. (47 C.F.R. § 76.1403.) F-6 to varying degrees, not
• http://www.fcc.gov/mb/engineering/76print.html
  • [86]76.806 Pre-termination access to cable home wiring. Subpart N -- Cable Rate Regulation [87]76.901 Definitions. [88]76.905 Standards for identification of cable systems subject to effective competition. [89]76.906 Presumption of no effective competition. [90]76.907 Petition for a determination of effective competition. [91]76.910 Franchising authority certification. [92]76.911 Petition for reconsideration of certification. [93]76.912 Joint certification. [94]76.913 Assumption of jurisdiction by the Commission. [95]76.914 Revocation of certification. [96]76.916 Petition for recertification. [97]76.917 Notification of certification withdrawal. [98]76.920 Composition of the basic tier. [99]76.921 Buy-through of other tiers prohibited. [100]76.922 Rates for the basic service tier and cable programming service tiers. [101]76.923 Rates for equipment and installation used to receive the basic service tier. [102]76.924 Allocation to service cost categories. [103]76.925 Costs of franchise requirements.
• http://www.fcc.gov/mb/engineering/part76.pdf
  • Subpart N-Cable Rate Regulation § 76.901 Definitions. § 76.905 Standards for identification of cable systems subject to effective competition. § 76.906 Presumption of no effective competition. § 76.907 Petition for a determination of effective competition. § 76.910 Franchising authority certification. § 76.911 Petition for reconsideration of certification. § 76.912 Joint certification. § 76.913 Assumption of jurisdiction by the Commission. § 76.914 Revocation of certification. § 76.916 Petition for recertification. § 76.917 Notification of certification withdrawal. § 76.920 Composition of the basic tier. § 76.921 Buy-through of other tiers prohibited. § 76.922 Rates for the basic service tier and cable programming services tiers. § 76.923 Rates for equipment and installation used to receive the basic service tier. § 76.924 Allocation to service