§ 76.944   Commission review of franchising authority decisions on rates for the
basic service tier and associated equipment.

   (a) The Commission shall be the sole forum for appeals of decisions by
   franchising authorities on rates for the basic service tier or associated
   equipment  involving  whether or not a franchising authority has acted
   consistently  with  the  Cable  Act or § § 76.922 and 76.923. Appeals of
   ratemaking decisions by franchising authorities that do not depend upon
   determining whether a franchising authority has acted consistently with the
   Cable Act or § § 76.922 and 76.923, may be heard in state or local courts.

   (b) Any participant at the franchising authority level in a ratemaking
   proceeding may file an appeal of the franchising authority's decision with
   the Commission within 30 days of release of the text of the franchising
   authority's decision as computed under § 1.4(b) of this chapter. Appeals
   shall be served on the franchising authority or other authority that issued
   the  rate  decision. Where the state is the appropriate decisionmaking
   authority, the state shall forward a copy of the appeal to the appropriate
   local official(s). Oppositions may be filed within 15 days after the appeals
   is filed, and must be served on the party(ies) appealing the rate decision.
   Replies may be filed 7 days after the last day for oppositions and shall be
   served on the parties to the proceeding.

   (c) An operator that uses the annual rate adjustment method under Section
   76.922(e) may include in its next true up under Section 76.922(e)(3) any
   amounts to which the operator would have been entitled but for a franchising
   authority decision that is not upheld on appeal.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17974 , Apr. 15, 1994;  60 FR 52121 , Oct. 5, 1995]

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