Sec. 76.1502  Certification.

    (a) An operator of an open video system must certify to the 
Commission that it will comply with the Commission's regulations in 47 
CFR 76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513. If 
construction of new physical plant is required, the Commission must 
approve such certification prior to the commencement of construction. If 
no new construction is required, the Commission must approve such 
certification prior to the commencement of service at such a point in 
time that would allow the applicant sufficient time to comply with the 
Commission's notification requirements.
    (b) Certifications must be verified by an officer or director of the 
applicant, stating that, to the best of his or her information and 
belief, the representations made therein are accurate.
    (c) Certifications must be filed on FCC Form 1275 and must include:
    (1) The applicant's name, address and telephone number;
    (2) A statement of ownership, including all affiliated entities;
    (3) If the applicant is a cable operator applying for certification 
in its cable franchise area, a statement that the applicant is qualified 
to operate an open video system under Section 76.1501.
    (4) A statement that the applicant agrees to comply and to remain in 
compliance with each of the Commission's regulations in Secs. 76.1503, 
76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513;
    (5) If the applicant is required under 47 CFR 64.903(a) of this 
chapter to file a cost allocation manual, a statement that the applicant 
will file changes to its manual at least 60 days before the commencement 
of service;
    (6) A list of the names of the anticipated local communities to be 
served upon completion of the system;
    (7) The anticipated amount and type (i.e., analog or digital) of 
capacity (for switched digital systems, the anticipated number of 
available channel input ports); and
    (8) A statement that the applicant will comply with the Commission's 
notice and enrollment requirements for unaffiliated video programming 
providers.
    (d) Parties are required to attach a cover sheet to the filing 
indicating that the submission is an open video system certification 
application. The only wording on this cover sheet shall be ``Open Video 
System Certification Application'' and ``Attention: Cable Services 
Bureau.'' This wording shall be located in the center of the page and 
should be in letters at least \1/2\ inch in size. Parties shall also 
include the words ``open video systems'' on their mailing envelope.
    (e)(1) Comments or oppositions to a certification must be filed 
within five calendar days of the Commission's receipt of the 
certification and must be served on the party that filed the 
certification. If, after making the necessary calculations, the due date 
for filing comments falls on a holiday, comments shall be filed on the 
next business day before noon, unless the

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nearest business day precedes the fifth calendar day following a filing, 
in which case the comments will be due on the preceding business day. 
For example, if the fifth day falls on a Saturday, then the filing would 
be due on that preceding Friday. However, if the fifth day falls on 
Sunday, then the filing will be due on the next day, Monday, before noon 
(or Tuesday, before noon if the Monday is a holiday).
    (2) Parties wishing to respond to a FCC Form 1275 filing must submit 
comments or oppositions with the Office of the Secretary and the Bureau 
Chief, Cable Services Bureau. Comments will not be considered properly 
filed unless filed with both of these Offices. Parties are required to 
attach a cover sheet to the filing indicating that the submission is a 
pleading related to an open video system application, the only wording 
on this cover sheet shall be ``Open Video System Certification 
Application Comments.'' This wording shall be located in the center of 
the page and should be in letters at least \1/2\ inch in size. Parties 
shall also include the words ``open video systems'' on their mailing 
envelopes.
    (f) If the Commission does not disapprove the certification 
application within ten days after receipt of an applicant's request, the 
certification application will be deemed approved. If disapproved, the 
applicant may file a revised certification or refile its original 
submission with a statement addressing the issues in dispute. Such 
refilings must be served on any objecting party or parties and on all 
local communities in which the applicant intends to operate. The 
Commission will consider any revised or refiled FCC Form 1275 to be a 
new proceeding and any party who filed comments regarding the original 
FCC Form 1275 will have to refile their original comments if they think 
such comments should be considered in the subsequent proceeding.

[ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43175 , Aug. 21, 1996;  62 FR 26238 , May 13, 1997]