§ 1.1414   State certification.

   (a) If the Commission does not receive certification from a state that:

   (1) It regulates rates, terms and conditions for pole attachments;

   (2) In so regulating such rates, terms and conditions, the state has the
   authority to consider and does consider the interests of the subscribers of
   cable television services as well as the interests of the consumers of the
   utility services; and,

   (3) It has issued and made effective rules and regulations implementing the
   state's regulatory authority over pole attachments (including a specific
   methodology for such regulation which has been made publicly available in
   the state), it will be rebuttably presumed that the state is not regulating
   pole attachments.

   (b) Upon receipt of such certification, the Commission shall give public
   notice. In addition, the Commission shall compile and publish from time to
   time, a listing of states which have provided certification.

   (c) Upon receipt of such certification, the Commission shall forward any
   pending case thereby affected to the state regulatory authority, shall so
   notify the parties involved and shall give public notice thereof.

   (d) Certification shall be by order of the state regulatory body or by a
   person having lawful delegated authority under provisions of state law to
   submit such certification. Said person shall provide in writing a statement
   that he or she has such authority and shall cite the law, regulation or
   other instrument conferring such authority.

   (e) Notwithstanding any such certification, jurisdiction will revert to this
   Commission with respect to any individual matter, unless the state takes
   final action on a complaint regarding such matter:

   (1) Within 180 days after the complaint is filed with the state, or

   (2) Within the applicable periods prescribed for such final action in such
   rules and regulations of the state, if the prescribed period does not extend
   beyond 360 days after the filing of such complaint.

   [ 43 FR 36094 , Aug. 15, 1978, as amended at  44 FR 31650 , June 1, 1979;  50 FR 18659 , May 5, 1985]

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