§ 76.937   Burden of proof.

   (a) A cable operator has the burden of proving that its existing or proposed
   rates for basic service and associated equipment comply with 47 U.S.C. 543,
   and § § 76.922 and 76.923.

   (b) For an existing or a proposed rate for basic tier service or associated
   equipment  that is within the permitted tier charge and actual cost of
   equipment as set forth in § § 76.922 and 76.923, the cable operator must
   submit the appropriate FCC form.

   (c) For an existing or a proposed rate for basic tier service that exceeds
   the permitted tier charge as set forth in § § 76.922 and 76.923, the cable
   operator must submit a cost-of-service showing to justify the proposed rate.

   (d) A franchising authority or the Commission may find a cable operator that
   does not attempt to demonstrate the reasonableness of its rates in default
   and, using the best information available, enter an order finding the cable
   operator's rates unreasonable and mandating appropriate relief, as specified
   in § § 76.940, 76.941, and 76.942.

   (e) A franchising authority or the Commission may order a cable operator
   that has filed a facially incomplete form to file supplemental information,
   and the franchising authority's deadline to rule on the reasonableness of
   the proposed rates will be tolled pending the receipt of such information. A
   franchising authority may set reasonable deadlines for the filing of such
   information,  and  may  find the cable operator in default and mandate
   appropriate relief, pursuant to paragraph (d) of this section, for the cable
   operator's failure to comply with the deadline or otherwise provide complete
   information in good faith.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17973 , Apr. 15, 1994]

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