§ 76.41   Franchise application process.

   (a) Definition. Competitive franchise applicant. For the purpose of this
   section, an applicant for a cable franchise in an area currently served by
   another cable operator or cable operators in accordance with 47 U.S.C.
   541(a)(1).

   (b) A competitive franchise applicant must include the following information
   in writing in its franchise application, in addition to any information
   required by applicable State and local laws:

   (1) The applicant's name;

   (2) The names of the applicant's officers and directors;

   (3) The business address of the applicant;

   (4)  The  name and contact information of a designated contact for the
   applicant;

   (5) A description of the geographic area that the applicant proposes to
   serve;

   (6) The PEG channel capacity and capital support proposed by the applicant;

   (7) The term of the agreement proposed by the applicant;

   (8) Whether the applicant holds an existing authorization to access the
   public rights-of-way in the subject franchise service area as described
   under paragraph (b)(5) of this section;

   (9) The amount of the franchise fee the applicant offers to pay; and

   (10) Any additional information required by applicable State or local laws.

   (c)  A  franchising  authority may not require a competitive franchise
   applicant  to  negotiate or engage in any regulatory or administrative
   processes prior to the filing of the application.

   (d) When a competitive franchise applicant files a franchise application
   with a franchising authority and the applicant has existing authority to
   access  public rights-of-way in the geographic area that the applicant
   proposes  to  serve,  the franchising authority must grant or deny the
   application within 90 days of the date the application is received by the
   franchising authority. If a competitive franchise applicant does not have
   existing authority to access public rights-of-way in the geographic area
   that the applicant proposes to serve, the franchising authority must grant
   or deny the application within 180 days of the date the application is
   received  by  the franchising authority. A franchising authority and a
   competitive franchise applicant may agree in writing to extend the 90-day or
   180-day deadline, whichever is applicable.

   (e) If a franchising authority does not grant or deny an application within
   the time limit specified in paragraph (d) of this section, the competitive
   franchise applicant will be authorized to offer service pursuant to an
   interim franchise in accordance with the terms of the application submitted
   under paragraph (b) of this section.

   (f) If after expiration of the time limit specified in paragraph (d) of this
   section a franchising authority denies an application, the competitive
   franchise applicant must discontinue operating under the interim franchise
   specified in paragraph (e) of this section unless the franchising authority
   provides consent for the interim franchise to continue for a limited period
   of time, such as during the period when judicial review of the franchising
   authority's decision is pending. The competitive franchise applicant may
   seek judicial review of the denial under 47 U.S.C. 555.

   (g) If after expiration of the time limit specified in paragraph (d) of this
   section a franchising authority and a competitive franchise applicant agree
   on the terms of a franchise, upon the effective date of that franchise, that
   franchise will govern and the interim franchise will expire.

   [ 72 FR 13215 , Mar. 21, 2007]

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Subpart D—Carriage of Television Broadcast Signals

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