§ 76.1404   Use of cable facilities by local exchange carriers.

   (a) For purposes of § 76.505(d)(2), the Commission will determine
   whether use of a cable operator's facilities by a local exchange
   carrier is reasonably limited in scope and duration according to the
   procedures in paragraph (b) of this section.

   (b) Based on the record created by § 76.1617 of the rules, the
   Commission shall determine whether the local exchange carrier's use of
   that part of the transmission facilities of a cable system extending
   from the last multi-use terminal to the premises of the end user is
   reasonably limited in scope and duration. In making this determination,
   the Commission will evaluate whether the proposed joint use of cable
   facilities promotes competition in both services and facilities, and
   encourages long-term investment in telecommunications infrastructure.

   [ 65 FR 53617 , Sept. 5, 2000]

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Subpart S—Open Video Systems

   Source:  61 FR 28708 , June 5, 1996, unless otherwise noted.

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