§ 76.914   Revocation of certification.

   (a) A franchising authority's certification shall be revoked if:

   (1) After the franchising authority has been given a reasonable opportunity
   to comment and cure any minor nonconformance, it is determined that state
   and local laws and regulations are in substantial and material conflict with
   the Commission's regulations governing cable rates.

   (2) After being given an opportunity to cure the defect, a franchising
   authority fails to fulfill one of the three conditions for certification,
   set forth in 47 U.S.C. 543(a)(3), or any of the provisions of § 76.910(b).

   (b) In all cases of revocation, the Commission will assume jurisdiction over
   basic service rates until an authority becomes recertified. The Commission
   will also notify the franchising authority regarding the corrective action
   that may be taken.

   (c) A cable operator may file a petition for special relief pursuant to
   § 76.7  of  this  part  seeking revocation of a franchising authority's
   certification.

   (d) While a petition for revocation is pending, and absent grant of a stay,
   the franchising authority may continue to regulate the basic service rates
   of its franchisees.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17972 , Apr. 15, 1994;  64 FR 6572 , Feb. 10, 1999]

   return arrow Back to Top