Sec.  76.1402   CPST rate complaints.

   (a) A local franchise authority may file rate complaints with the Commission
   within 180 days of the effective date of a rate increase on the cable
   operator's cable programming services tier if within 90 days of that
   increase the local franchise authority receives more than one subscriber
   complaint concerning the increase.

   (b) Before filing a rate complaint with the Commission, the local franchise
   authority must first give the cable operator written notice, including a
   draft FCC Form 329, of the local franchise authority's intent to file the
   complaint. The local franchise authority must give an operator a minimum of
   30 days to file with the local franchise authority the relevant FCC forms
   that must be filed to justify a rate increase or, where appropriate,
   certification that the operator is not subject to rate regulation. The
   operator must file a complete response with the local franchise authority
   within the time period specified by the local franchise authority. The local
   franchise authority shall file with the Commission the complaint and the
   operator's response to the Complaint. If the operator's response to the
   complaint asserts that the operator is exempt from rate regulation, the
   operator's response can be filed with the local franchise authority without
   filing specific FCC Forms.