Sec. 76.1501  Qualifications to be an open video system operator.

    Any person may obtain a certification to operate an open video 
system pursuant to Section 653(a)(1) of the Communications Act, 47 
U.S.C. 573(a)(1), except that an operator of a cable system, regardless 
of any other service that the cable operator may provide, may not obtain 
such a certification within its cable service area unless it is subject 
to ``effective competition,'' as defined in Section 623(l)(1) of the 
Communications Act, 47 U.S.C. 543(l)(1). A cable operator that is not 
subject to effective competition within its cable service area may file 
a petition with the Commission, seeking a finding that particular 
circumstances exist that make it consistent with the public interest, 
convenience, and necessity to allow the operator to convert its cable 
system to an open video system. Nothing herein shall be construed to 
affect the terms of any franchising agreement or other contractual 
agreement.

    Note: Sec. 76.1501: An example of a circumstance in which the public 
interest, convenience and necessity would be served by permitting a 
cable operator not subject to effective competition to become an open 
video system operator within its cable service area is where the entry 
of a facilities-based competitor into its cable service area would 
likely be infeasible.