§ 76.907   Petition for a determination of effective competition.

   (a) A cable operator (or other interested party) may file a petition for a
   determination of effective competition with the Commission pursuant to the
   Commission's procedural rules in § 76.7.

   (b) If the cable operator seeks to demonstrate that effective competition as
   defined in § 76.905(b)(1), (3), or (4) exists in the franchise area, it bears
   the burden of demonstrating the presence of such effective competition.
   Effective  competition  as defined in § 76.905(b)(2) is governed by the
   presumption  in § 76.906, except that where a franchising authority has
   rebutted the presumption of competing provider effective competition as
   defined  in  § 76.905(b)(2)  and  is certified, the cable operator must
   demonstrate that circumstances have changed and effective competition is
   present in the franchise area.

   Note to paragraph (b): The criteria for determining effective competition
   pursuant to § 76.905(b)(4) are described in Implementation of Cable Act
   Reform Provisions of the Telecommunications Act of 1996, Report and Order in
   CS Docket No. 96-85, FCC 99-57 (released March 29, 1999).

   (c) If the evidence establishing effective competition is not otherwise
   available,  cable  operators may request from a competitor information
   regarding the competitor's reach and number of subscribers. A competitor
   must respond to such request within 15 days. Such responses may be limited
   to numerical totals. In addition, with respect to petitions filed seeking to
   demonstrate the presence of effective competition pursuant to § 76.905(b)(4),
   the Commission may issue an order directing one or more persons to produce
   information relevant to the petition's disposition.

   [ 64 FR 35950 , July 2, 1999, as amended at  80 FR 38013 , July 2, 2015]

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