Sec.  76.1501   Qualifications to be an open video system operator.

   Any person may obtain a certification to operate an open video system
   pursuant to Section 653(a)(1) of the Communications Act, 47 U.S.C.
   573(a)(1), except that an operator of a cable system may not obtain such
   certification within its cable service area unless it is subject to
   “effective competition” as defined in Section 623(l)(1) of the
   Communications Act, 47 U.S.C. 543(l)(1). The effective competition
   requirement of the preceding sentence does not apply to a local exchange
   carrier that is also a cable operator that seeks open video system
   certification within its cable service area. A cable operator that is not
   subject to effective competition within its cable service area may file a
   petition with the Commission, seeking a finding that particular
   circumstances exist that make it consistent with the public interest,
   convenience, and necessity to allow the operator to convert its cable system
   to an open video system. Nothing herein shall be construed to affect the
   terms of any franchising agreement or other contractual agreement.

   [ 65 FR 376 , Jan. 5, 2000]