FCC 76.910 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 76.910 Franchising authority certification.
(a) A franchising authority must be certified by the Commission in order to
regulate the basic service tier and associated equipment of a cable system
within its jurisdiction.
(b) To be certified, the franchising authority must file with the Commission
a written certification that:
(1) The franchising authority will adopt and administer regulations with
respect to the rates for the basic service tier that are consistent with the
regulations prescribed by the Commission for regulation of the basic service
tier;
(2) The franchising authority has the legal authority to adopt, and the
personnel to administer, such regulations;
(3) Procedural laws and regulations applicable to rate regulation
proceedings by such authority provide a reasonable opportunity for
consideration of the views of interested parties; and
(4) The cable system in question is not subject to effective competition.
Unless a franchising authority has actual knowledge to the contrary, the
franchising authority may rely on the presumption in Sec. 76.906 that the cable
operator is not subject to effective competition.
(c) The written certification described in paragraph (b) of this section
shall be made by filing the FCC form designated for that purpose. The form
must be filed by
(1) Registered mail, return receipt requested, or
(2) Hand-delivery to the Commission and a date-stamped copy obtained. The
date on the return receipt or on the date-stamped copy is the date filed.
(d) A copy of the certification form described in paragraph (c) of this
section must be served on the cable operator before or on the same day it is
filed with the Commission.
(e) Unless the Commission notifies the franchising authority otherwise, the
certification will become effective 30 days after the date filed, provided,
however, That the franchising authority may not regulate the rates of a
cable system unless it:
(1) Adopts regulations:
(i) Consistent with the Commission's regulations governing the basic tier;
and
(ii) Providing a reasonable opportunity for consideration of the views of
interested parties, within 120 days of the effective date of certification;
and
(2) Notifies the cable operator that the authority has been certified and
has adopted the regulations required by paragraph (e)(1) of this section.
(f) If the Commission denies a franchising authority's certification, the
Commission will notify the franchising authority of any revisions or
modifications necessary to obtain approval.
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.