§ 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. The franchising authority must submit specific evidence demonstrating its rebuttal of the presumption in § 76.906 that the cable operator is subject to effective competition pursuant to section 76.905(b)(2). Unless a franchising authority has actual knowledge to the contrary, the franchising authority may rely on the presumption in § 76.906 that the cable operator is not subject to effective competition pursuant to section 76.905(b)(1), (3), or (4). The franchising authority bears the burden of submitting evidence rebutting the presumption that competing provider effective competition, as defined in § 76.905(b)(2), exists in the franchise area. If the evidence establishing the lack of effective competition is not otherwise available, franchising authorities may request from a multichannel video programming distributor information regarding the multichannel video programming distributor's reach and number of subscribers. A multichannel video programming distributor must respond to such request within 15 days. Such responses may be limited to numerical totals.
( c ) The written certification described in paragraph (b) of this section shall be made by completing and filing FCC Form 328. FCC Form 328 can be obtained from the internet at *http://www.fcc.gov/Forms/Form328/328.pdf* or by calling the FCC Forms Distribution Center at 1-800-418-3676. 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.
[58 FR 29753, May 21, 1993, as amended at 80 FR 38013, July 2, 2015; 83 FR 60776, Nov. 27, 2018]