§ 76.913   Assumption of jurisdiction by the Commission.

   (a) Upon denial or revocation of the franchising authority's certification,
   the  Commission  will regulate rates for cable services and associated
   equipment of a cable system not subject to effective competition, as defined
   in § 76.905, in a franchise area. Such regulation by the Commission will
   continue until the franchising authority has obtained certification or
   recertification.

   (b) A franchising authority unable to meet certification standards may
   petition the Commission to regulate the rates for basic cable service and
   associated equipment of its franchisee when:

   (1)  The  franchising authority lacks the resources to administer rate
   regulation.

   (2) The franchising authority lacks the legal authority to regulate basic
   service rates; Provided, however, That the authority must submit with its
   request a statement detailing the nature of the legal infirmity.

   (c)  The Commission will regulate basic service rates pursuant to this
   Section until the franchising authority qualifies to exercise jurisdiction
   pursuant to § 76.916.

   [ 58 FR 29753 , May 21, 1993, as amended at  62 FR 6495 , Feb. 12, 1997]

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