§ 76.41 Franchise application process. ( a ) Definition. *Competitive franchise applicant.* For the purpose of this section, an applicant for a cable franchise in an area currently served by another cable operator or cable operators in accordance with 47 U.S.C. 541(a)(1).
( b ) A competitive franchise applicant must include the following information in writing in its franchise application, in addition to any information required by applicable State and local laws: ( 1 ) The applicant's name;
( 2 ) The names of the applicant's officers and directors;
( 3 ) The business address of the applicant;
( 4 ) The name and contact information of a designated contact for the applicant;
( 5 ) A description of the geographic area that the applicant proposes to serve;
( 6 ) The PEG channel capacity and capital support proposed by the applicant;
( 7 ) The term of the agreement proposed by the applicant;
( 8 ) Whether the applicant holds an existing authorization to access the public rights-of-way in the subject franchise service area as described under paragraph (b)(5) of this section;
( 9 ) The amount of the franchise fee the applicant offers to pay; and
( 10 ) Any additional information required by applicable State or local laws.
( c ) A franchising authority may not require a competitive franchise applicant to negotiate or engage in any regulatory or administrative processes prior to the filing of the application.
( d ) When a competitive franchise applicant files a franchise application with a franchising authority and the applicant has existing authority to access public rights-of-way in the geographic area that the applicant proposes to serve, the franchising authority must grant or deny the application within 90 days of the date the application is received by the franchising authority. If a competitive franchise applicant does not have existing authority to access public rights-of-way in the geographic area that the applicant proposes to serve, the franchising authority must grant or deny the application within 180 days of the date the application is received by the franchising authority. A franchising authority and a competitive franchise applicant may agree in writing to extend the 90-day or 180-day deadline, whichever is applicable.
( e ) If a franchising authority does not grant or deny an application within the time limit specified in paragraph (d) of this section, the competitive franchise applicant will be authorized to offer service pursuant to an interim franchise in accordance with the terms of the application submitted under paragraph (b) of this section.
( f ) If after expiration of the time limit specified in paragraph (d) of this section a franchising authority denies an application, the competitive franchise applicant must discontinue operating under the interim franchise specified in paragraph (e) of this section unless the franchising authority provides consent for the interim franchise to continue for a limited period of time, such as during the period when judicial review of the franchising authority's decision is pending. The competitive franchise applicant may seek judicial review of the denial under 47 U.S.C. 555.
( g ) If after expiration of the time limit specified in paragraph (d) of this section a franchising authority and a competitive franchise applicant agree on the terms of a franchise, upon the effective date of that franchise, that franchise will govern and the interim franchise will expire.
[72 FR 13215, Mar. 21, 2007]