Sec. 76.910  Franchising authority certification.

    (a) A franchising authority must be certified by the Commission in 
order to regulate the basic service tier and associated equipment of a 
cable system within its jurisdiction.
    (b) To be certified, the franchising authority must file with the 
Commission a written certification that:
    (1) The franchising authority will adopt and administer regulations 
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respect to the rates for the basic service tier that are consistent with 
the regulations prescribed by the Commission for regulation of the basic 
service tier;
    (2) The franchising authority has the legal authority to adopt, and 
the personnel to administer, such regulations;
    (3) Procedural laws and regulations applicable to rate regulation 
proceedings by such authority provide a reasonable opportunity for 
consideration of the views of interested parties; and
    (4) The cable system in question is not subject to effective 
competition. Unless a franchising authority has actual knowledge to the 
contrary, the franchising authority may rely on the presumption in 
Sec. 76.906 that the cable operator is not subject to effective 
competition.
    (c) The written certification described in paragraph (b) of this 
section shall be made by filing the FCC form designated for that 
purpose. The form must be filed by
    (1) Registered mail, return receipt requested, or
    (2) Hand-delivery to the Commission and a date-stamped copy 
obtained. The date on the return receipt or on the date-stamped copy is 
the date filed.
    (d) A copy of the certification form described in paragraph (c) of 
this section must be served on the cable operator before or on the same 
day it is filed with the Commission.
    (e) Unless the Commission notifies the franchising authority 
otherwise, the certification will become effective 30 days after the 
date filed, provided, however, That the franchising authority may not 
regulate the rates of a cable system unless it:
    (1) Adopts regulations:
    (i) Consistent with the Commission's regulations governing the basic 
tier; and
    (ii) Providing a reasonable opportunity for consideration of the 
views of interested parties, within 120 days of the effective date of 
certification; and
    (2) Notifies the cable operator that the authority has been 
certified and has adopted the regulations required by paragraph (e)(1) 
of this section.
    (f) If the Commission denies a franchising authority's 
certification, the Commission will notify the franchising authority of 
any revisions or modifications necessary to obtain approval.