§ 76.911   Petition for reconsideration of certification.

   (a) A cable operator (or other interested party) may challenge a franchising
   authority's certification by filing a petition for reconsideration pursuant
   to § 1.106. The petition may allege either of the following:

   (1) The cable operator is not subject to rate regulation because effective
   competition exists as defined in § 76.905. Sections 76.907(b) and (c) apply
   to petitions filed under this section.

   (2) The franchising authority does not meet the certification standards set
   forth in 47 U.S.C. 543(a)(3).

   (b)  Stay  of  rate  regulation.  (1)  The  filing  of  a petition for
   reconsideration  pursuant  to  paragraph  (a)(1)  of this section will
   automatically stay the imposition of rate regulation pending the outcome of
   the reconsideration proceeding.

   (2) A petitioner filing pursuant to paragraph (a)(2) of this section may
   request a stay of rate regulation.

   (3) In any case in which a stay of rate regulation has been granted, if the
   petition for reconsideration is denied, the cable operator may be required
   to refund any rates or portion of rates above the permitted tier charge or
   permitted equipment charge which were collected from the date the operator
   implements a prospective rate reduction back in time to September 1, 1993,
   or one year, whichever is shorter.

   (c) The filing of a petition for reconsideration alleging the presence of
   effective competition based on frivolous grounds is prohibited, and may be
   subject to forfeitures.

   (d) If the Commission upholds a challenge to a certification filed pursuant
   to  paragraph  (a)(2)  of this section, the Commission will notify the
   franchising authority of the revisions necessary to secure approval and
   provide the authority an opportunity to amend its certification however
   necessary to secure approval. Provided, however, That pending approval of
   certification, the Commission will assume jurisdiction over basic cable
   service rates in that franchise area.

   [ 58 FR 29753 , May 21, 1993, as amended at  58 FR 46735 , Sept. 2, 1993;  64 FR 35950 , July 2, 1999]

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