§ 76.911   Petition for reconsideration of certification.

   (a) A cable operator (or other interested party) may challenge a
   franchising authority's certification by filing a petition for
   reconsideration pursuant to § 1.106. The petition may allege either of
   the following:

   (1) The cable operator is not subject to rate regulation because
   effective competition exists as defined in § 76.905. Sections 76.907(b)
   and (c) apply to petitions filed under this section.

   (2) The franchising authority does not meet the certification standards
   set forth in 47 U.S.C. 543(a)(3).

   (b) Stay of rate regulation. (1) The filing of a petition for
   reconsideration pursuant to paragraph (a)(1) of this section will
   automatically stay the imposition of rate regulation pending the
   outcome of the reconsideration proceeding.

   (2) A petitioner filing pursuant to paragraph (a)(2) of this section
   may request a stay of rate regulation.

   (3) In any case in which a stay of rate regulation has been granted, if
   the petition for reconsideration is denied, the cable operator may be
   required to refund any rates or portion of rates above the permitted
   tier charge or permitted equipment charge which were collected from the
   date the operator implements a prospective rate reduction back in time
   to September 1, 1993, or one year, whichever is shorter.

   (c) The filing of a petition for reconsideration alleging the presence
   of effective competition based on frivolous grounds is prohibited, and
   may be subject to forfeitures.

   (d) If the Commission upholds a challenge to a certification filed
   pursuant to paragraph (a)(2) of this section, the Commission will
   notify the franchising authority of the revisions necessary to secure
   approval and provide the authority an opportunity to amend its
   certification however necessary to secure approval. Provided, however,
   That pending approval of certification, the Commission will assume
   jurisdiction over basic cable service rates in that franchise area.

   [ 58 FR 29753 , May 21, 1993, as amended at  58 FR 46735 , Sept. 2, 1993;
    64 FR 35950 , July 2, 1999]

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