§  76.916   Petition for recertification.

   (a) After its request for certification has been denied or its existing
   certification has been revoked, a franchising authority wishing to
   assume jurisdiction to regulate basic service and associated equipment
   rates must file a “Petition for Recertification” accompanied by a copy
   of the earlier decision denying or revoking certification.

   (b) The petition must:

   (1) Meet the requirements set forth in 47 U.S.C. 543(a)(3);

   (2) State that the cable system is not subject to effective
   competition; and

   (3) Contain a clear showing, supported by either objectively verifiable
   data such as a state statute, or by affidavit, that the reasons for the
   earlier denial or revocation no longer pertain.

   (c) The petition must be served on the cable operator and on any
   interested party that participated in the proceeding denying or
   revoking the original certification.

   (d) Oppositions may be filed within 15 days after the petition is
   filed, and must be served on the petitioner. Replies may be filed
   within seven days of filing of oppositions, and must be served on the
   opposing party(ies).