§  76.956   Cable operator response.

   (a) Unless otherwise directed by the local franchising authority, a
   cable operator must file with the local franchise authority a response
   to the complaint. The response shall indicate when the cable operator
   received notice of the complaint. Service by mail is complete upon
   mailing. See § 1.47(f) of this chapter. The response shall include the
   information required by the appropriate FCC form, including rate cards,
   channel line-ups, and an explanation of any discrepancy in the figures
   provided in these documents and the rate filing. The cable operator
   must file its response with the local franchise authority via first
   class mail.

   (b) The burden shall be on the cable operator to prove that the service
   rate or equipment charge in question is not unreasonable. The cable
   operator may carry its burden in the following manner:

   (1) For a service rate at or below the permitted level, by providing
   information and calculations that demonstrate that the rate in question
   falls at or below the permitted level;

   (2) For a service rate that exceeds the permitted level;

   (i) By providing proof that the cable system has reduced the rate for
   the cable programming service at issue to a level at or below the
   permitted level; or

   (ii) By providing detailed cost-based information that demonstrates
   that the rate in question is reasonable despite the fact that it
   exceeds the permitted level.

   (3) For a charge for equipment installation or rental, by providing
   information that demonstrates that the charge is based on the cable
   operator's actual cost.

   (c) In addition to responding to the merits of a complaint, the cable
   operator may also move for dismissal of the complaint for failure to
   meet the minimum showing requirement. Any such motion for dismissal
   must state with particularity the reasons the cable operator believes
   the complaint is defective and shall not relieve the cable operator of
   its obligation to respond to the merits of the complaint.

   (d) A cable operator may file a consolidated response to multiple
   complaints regarding the identical rate or rate increase. A
   consolidated response must be filed within 30 days from the date of
   service of the first complaint received, unless the Commission notifies
   the cable operator to the contrary. A cable operator may amend a
   consolidated response to address new issues raised by complaints
   received after the cable operator's initial response.

   (e) A cable operator that fails to file and serve a response to a valid
   complaint may be deemed in default. If the Commission deems a cable
   operator in default, the Commission may enter an order against the
   cable operator finding the rate to be unreasonable and mandating
   appropriate relief.

   (f) A cable operator need not respond to any complaint that is:

   (1) Not filed on the applicable form; or

   (2) That the Commission determined is defective and has so notified the
   cable operator.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17975 , Apr. 15, 1994;
    61 FR 18979 , Apr. 30, 1996;  64 FR 35950 , July 2, 1999]