§ 76.916   Petition for recertification.

   (a) After its request for certification has been denied or its existing
   certification has been revoked, a franchising authority wishing to assume
   jurisdiction to regulate basic service and associated equipment rates must
   file a “Petition for Recertification” accompanied by a copy of the earlier
   decision denying or revoking certification.

   (b) The petition must:

   (1) Meet the requirements set forth in 47 U.S.C. 543(a)(3);

   (2) State that the cable system is not subject to effective competition; and

   (3) Contain a clear showing, supported by either objectively verifiable data
   such as a state statute, or by affidavit, that the reasons for the earlier
   denial or revocation no longer pertain.

   (c) The petition must be served on the cable operator and on any interested
   party that participated in the proceeding denying or revoking the original
   certification.

   (d) Oppositions may be filed within 15 days after the petition is filed, and
   must be served on the petitioner. Replies may be filed within seven days of
   filing of oppositions, and must be served on the opposing party(ies).

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