[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.1501]

[Page 715]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
                      Subpart S_Open Video Systems
 
Sec.  76.1501  Qualifications to be an open video system operator.

    Any person may obtain a certification to operate an open video 
system pursuant to Section 653(a)(1) of the Communications Act, 47 
U.S.C. 573(a)(1), except that an operator of a cable system may not 
obtain such certification within its cable service area unless it is 
subject to ``effective competition'' as defined in Section 623(l)(1) of 
the Communications Act, 47 U.S.C. 543(l)(1). The effective competition 
requirement of the preceding sentence does not apply to a local exchange 
carrier that is also a cable operator that seeks open video system 
certification within its cable service area. A cable operator that is 
not subject to effective competition within its cable service area may 
file a petition with the Commission, seeking a finding that particular 
circumstances exist that make it consistent with the public interest, 
convenience, and necessity to allow the operator to convert its cable 
system to an open video system. Nothing herein shall be construed to 
affect the terms of any franchising agreement or other contractual 
agreement.

[65 FR 376, Jan. 5, 2000]