Sec. 76.956  Cable operator response.

    (a) Unless the Commission notifies a cable operator to the contrary, 
the cable operator must file with the Commission a response to the 
complaint filed on the applicable form, within 30 days of the date of 
service of the complaint. The response shall indicate when service 
occurred. Service by mail is complete upon mailing. See Sec. 1.47(f) of 
this chapter. The response shall include the information required by the 
appropriate FCC Form, including rate cards, channel line-ups, and an 
explanation of any discrepancy in the figures provided in these 
documents and the rate filing. The cable operator must serve its 
response on the complainant via first class mail.
    (b) The burden shall be on the cable operator to prove that the 
service rate or equipment charge in question is not unreasonable. The 
cable operator may carry its burden in the following manner:
    (1) For a service rate at or below the permitted level, by providing 
information and calculations that demonstrate that the rate in question 
falls at or below the permitted level;
    (2) For a service rate that exceeds the permitted level;
    (i) By providing proof that the cable system has reduced the rate 
for the cable programming service at issue to a level at or below the 
permitted level; or
    (ii) By providing detailed cost-based information that demonstrates 
that the rate in question is reasonable despite the fact that it exceeds 
the permitted level.
    (3) For a charge for equipment installation or rental, by providing 
information that demonstrates that the charge is based on the cable 
operator's actual cost.
    (c) In addition to responding to the merits of a complaint, the 
cable operator may also move for dismissal of the complaint for failure 
to meet the minimum showing requirement. Any such

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motion for dismissal must state with particularity the reasons the cable 
operator believes the complaint is defective and shall not relieve the 
cable operator of its obligation to respond to the merits of the 
complaint.
    (d) A cable operator may file a consolidated response to multiple 
complaints regarding the identical rate or rate increase. A consolidated 
response must be filed within 30 days from the date of service of the 
first complaint received, unless the Commission notifies the cable 
operator to the contrary. A cable operator may amend a consolidated 
response to address new issues raised by complaints received after the 
cable operator's initial response.
    (e) A cable operator that fails to file and serve a response to a 
valid complaint may be deemed in default. If the Commission deems a 
cable operator in default, the Commission may enter an order against the 
cable operator finding the rate to be unreasonable and mandating 
appropriate relief.
    (f) A cable operator need not respond to any complaint that is:
    (1) Not filed on the applicable form; or
    (2) That the Commission determined is defective and has so notified 
the cable operator.

[ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17975 , Apr. 15, 1994;  61 FR 18979 , Apr. 30, 1996]