Sec. 76.945  Procedures for Commission review of basic service rates.

    (a) Upon assumption of rate regulation authority, the Commission 
will notify the cable operator and require the cable operator to file 
its basic rate schedule with the Commission within 30 days, with a copy 
to the local franchising authority.
    (b) Basic service and equipment rate schedule filings for existing 
rates or proposed rate increases (including increases in the baseline 
channel change that results from reductions in the number of channels in 
a tier) must use the official FCC form, a copy thereof, or a copy 
generated by FCC software. Failure to file on the official FCC form or a 
copy may result in the imposition of sanctions specified in 
Sec. 76.937(d). Cable operators seeking to justify the reasonableness of 
existing or proposed rates above the permitted tier rate must submit a 
cost-of-service showing sufficient to support a finding that the rates 
are reasonable.
    (c) Filings proposing annual adjustments or rates within the rates 
regulation standards in Secs. 76.922 and 76.923, must be made 30 days 
prior to the proposed effective date and can become effective on the 
proposed effective date unless the Commission issues an order deferring 
the effective date or denying the rate proposal. Petitions opposing such 
filings must be filed within 15 days of public notice of the filing by 
the cable operator and be accompanied by a certificate that service was 
made on the cable operator and the local franchising authority. The 
cable operator may file an opposition within five days of filing of the 
petition, certifying to service on both the petitioner and the local 
franchising authority.
    (d) Filings proposing a rate not within the rate regulation 
standards of Secs. 76.922 and 76.923, must be made 90 days before the 
requested effective date. Petitions opposing such filings must be filed 
within 30 days of public notice of the filing, and be accompanied by a 
certificate that service was made on the cable operator and the local 
franchising authority. The cable operator may file an opposition within 
10 days of the filing of the petition, and certifying that service was 
made on the petitioner and the local franchising authority.

[ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17974 , Apr. 15, 1994]