FCC 76.944 Revised as of December 4, 2012
Goto Year:2011 |
§ 76.944 Commission review of franchising authority decisions on rates for
the basic service tier and associated equipment.
(a) The Commission shall be the sole forum for appeals of decisions by
franchising authorities on rates for the basic service tier or
associated equipment involving whether or not a franchising authority
has acted consistently with the Cable Act or § § 76.922 and 76.923.
Appeals of ratemaking decisions by franchising authorities that do not
depend upon determining whether a franchising authority has acted
consistently with the Cable Act or § § 76.922 and 76.923, may be heard
in state or local courts.
(b) Any participant at the franchising authority level in a ratemaking
proceeding may file an appeal of the franchising authority's decision
with the Commission within 30 days of release of the text of the
franchising authority's decision as computed under § 1.4(b) of this
chapter. Appeals shall be served on the franchising authority or other
authority that issued the rate decision. Where the state is the
appropriate decisionmaking authority, the state shall forward a copy of
the appeal to the appropriate local official(s). Oppositions may be
filed within 15 days after the appeals is filed, and must be served on
the party(ies) appealing the rate decision. Replies may be filed 7 days
after the last day for oppositions and shall be served on the parties
to the proceeding.
(c) An operator that uses the annual rate adjustment method under
Section 76.922(e) may include in its next true up under Section
76.922(e)(3) any amounts to which the operator would have been entitled
but for a franchising authority decision that is not upheld on appeal.
[ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17974 , Apr. 15, 1994;
60 FR 52121 , Oct. 5, 1995]
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