§ 76.1501   Qualifications to be an open video system operator.

   Any  person may obtain a certification to operate an open video system
   pursuant  to  Section  653(a)(1)  of the Communications Act, 47 U.S.C.
   573(a)(1), except that an operator of a cable system may not obtain such
   certification  within  its  cable service area unless it is subject to
   “effective  competition”  as  defined  in  Section  623(l)(1)  of  the
   Communications  Act,  47  U.S.C.  543(l)(1). The effective competition
   requirement of the preceding sentence does not apply to a local exchange
   carrier  that  is  also  a cable operator that seeks open video system
   certification within its cable service area. A cable operator that is not
   subject to effective competition within its cable service area may file a
   petition  with  the  Commission,  seeking  a  finding  that particular
   circumstances  exist that make it consistent with the public interest,
   convenience, and necessity to allow the operator to convert its cable system
   to an open video system. Nothing herein shall be construed to affect the
   terms of any franchising agreement or other contractual agreement.

   [ 65 FR 376 , Jan. 5, 2000]

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