§ 76.1404   Use of cable facilities by local exchange carriers.

   (a) For purposes of § 76.505(d)(2), the Commission will determine whether use
   of a cable operator's facilities by a local exchange carrier is reasonably
   limited in scope and duration according to the procedures in paragraph (b)
   of this section.

   (b) Based on the record created by § 76.1617 of the rules, the Commission
   shall determine whether the local exchange carrier's use of that part of the
   transmission facilities of a cable system extending from the last multi-use
   terminal to the premises of the end user is reasonably limited in scope and
   duration. In making this determination, the Commission will evaluate whether
   the proposed joint use of cable facilities promotes competition in both
   services  and  facilities,  and  encourages  long-term  investment  in
   telecommunications infrastructure.

   [ 65 FR 53617 , Sept. 5, 2000]

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Subpart S—Open Video Systems

   Source:  61 FR 28708 , June 5, 1996, unless otherwise noted.

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