[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: 47CFR76.916]

[Page 649-650]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
                     Subpart N_Cable Rate Regulation
 
Sec.  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existing certification has been revoked, a franchising authority wishing 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

[[Page 650]]

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).