Sec. 76.7  Special relief and must-carry complaint procedures.

    (a)(1) Petitions for special relief. On petition by a cable 
television system operator, a franchising authority, an applicant, 
permittee, or licensee of a television broadcast or translator station, 
or by any other interested person, the Commission may waive any 
provision of the rules relating to cable television systems, impose 
additional or different requirements, or issue a ruling on a complaint 
or disputed question.
    (2) Complaints filed pursuant to Sec. 76.61. In response to a 
complaint filed by a television broadcast station under Sec. 76.61 
(must-carry complaint), the Commission may order a cable television 
system operator to commence or resume carriage of the complaining 
station, or position or reposition the complaining station's channel on 
the cable television system, pursuant to subpart D of this part.
    (b) The petition for special relief or must-carry complaint may be 
submitted informally, by letter, but shall be accompanied by a 
certificate of service on any cable television system operator, 
franchising authority, station licensee, permittee, or applicant, or 
other interested person who may be directly affected if the relief 
requested is granted.
    (c)(1) The petition for special relief or must-carry complaint shall 
state the relief requested. It shall state fully and precisely all 
pertinent facts and considerations relied on to demonstrate the need for 
the relief requested and to support a determination that a grant of such 
relief would serve the public interest. Factual allegations shall be 
supported by affidavit of a person or persons with actual knowledge of 
the facts, and exhibits shall be verified by the person who prepares 
them.
    (2) A petition for special relief or must-carry complaint shall set 
forth all steps taken by the parties to resolve the problem, except 
where the only relief sought is a clarification or interpretation of the 
rules.
    (3) An original and two (2) copies of the petition for special 
relief or must-carry complaint, and all subsequent pleadings shall be 
filed in accordance with Sec. 0.401(a) of this chapter, except the 
petitions for special relief requiring fees as set forth at part 1, 
subpart G of this chapter must be filed in accordance with Sec. 0.401(b) 
of this chapter. Must-carry complaints filed pursuant to Sec. 76.61 are 
not covered by part 1, subpart G of this chapter and do not require 
fees.
    (4)(i) Must-carry complaints filed pursuant to Sec. 76.61(a) 
(Complaints regarding carriage of local commercial television stations) 
shall be accompanied by the notice from the complainant to the cable 
television system operator (Sec. 76.61(a)(1)), and the cable television 
system operator's response (Sec. 76.61(a)(2)), if any. If no timely 
response was received, the complaint should so state.
    (ii) Must-carry complaints filed pursuant to Sec. 76.61(b) 
(Complaints regarding carriage of qualified local NCE television 
stations) should be accompanied by any relevant correspondence between 
the complainant and the cable television system operator.
    (iii) No must-carry complaint filed pursuant to Sec. 76.61(a) 
(complaints regarding local commercial television stations) will be 
accepted by the Commission if filed more than sixty (60) days after the 
date of the specific event described in this paragraph. Must-carry 
complaints filed pursuant to Sec. 76.61(a) should affirmatively state 
the specific event upon which the complaint is based, and shall 
establish that the complaint is being filed within sixty (60) days of 
such specific event. With respect to such must-carry complaints, the 
specific event shall be--
    (A) The denial by a cable television system operator of request for 
carriage or channel position contained in the notice required by 
Sec. 76.61(a)(1), or
    (B) The failure to respond to such notice within the time period 
allowed by Sec. 76.61(a)(2).
    (iv) With respect to must-carry complaints filed pursuant to 
Sec. 76.61(b), such complaints may be filed at any time the complainant 
believes that the

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cable television system operator has failed to comply with the 
applicable provisions of subpart D of this part.
    (d) Interested persons may submit comments or oppositions to a 
petition for special relief or a must-carry complaint within twenty (20) 
days after the date of public notice of the filing of such petition or 
complaint. For good cause shown in the petition for special relief or 
must-carry complaint, the Commission may, by letter or telegram to known 
interested persons, specify an altered time for such submissions. 
Comments or oppositions shall be served on the petitioner or complainant 
and on all persons listed in petitioner's or complainant's certificate 
of service, and shall contain a detailed full showing, supported by 
affidavit, of any facts or considerations relied on.
    (e) The petitioner or complainant may file a reply to the comments 
or oppositions within ten (10) days after their submission, which shall 
be served on all persons who have filed pleadings and shall also contain 
a detailed full showing, supported by affidavit, of any additional facts 
or considerations relied on. For good cause shown, the Commission may 
specify a shorter time for the filing of reply comments.
    (f) The Commission, after consideration of a petition for special 
relief and the responsive pleadings, may determine whether the public 
interest would be served by the grant, in whole or in part, or denial of 
the request, or may issue a ruling on the complaint or dispute. The 
Commission will resolve must-carry complaints pursuant to paragraphs 
(a)(4) and (b)(2) of Sec. 76.61. The Commission may specify other 
procedures, such as oral argument, evidentiary hearing, or further 
written submissions directed to particular aspects, as it deems 
appropriate. In the event that an evidentiary hearing is required, the 
Commission will determine, on the basis of the pleadings and such other 
procedures as it may specify, whether temporary relief should be 
afforded any party pending the hearing and the nature of any such 
temporary relief.
    (g) On a finding that the public interest so requires, the 
Commission may determine that a system community unit operating or 
proposing to operate in a community located outside of the 48 contiguous 
states shall comply with provisions of subparts D, F, and G of this part 
in addition to the provisions thereof otherwise applicable.

    Note: Each party filing a petition, comments, opposition or other 
pleading pursuant to Sec. 76.7 is responsible for the continuing 
accuracy and completeness of all information in such document. The 
provisions of Sec. 1.65 of this chapter are wholly applicable to 
pleadings involving Sec. 76.7, except that where specific provisions of 
the latter conflict with the former, the specific provisions of 
Sec. 76.7 are controlling, e.g., where requirements for service on 
specified parties of certain information may vary.


[ 58 FR 17358 , Apr. 2, 1993, as amended at  59 FR 62344 , Dec. 5, 1994]