Sec. 76.911  Petition for reconsideration of certification.

    (a) A cable operator (or other interested party) may challenge a 
franchising authority's certification by filing a petition for 
reconsideration. The petition may allege either of the following:
    (1) The cable operator is not subject to rate regulation because 
effective competition exists as defined in Sec. 76.905.
    (2) The franchising authority does not meet the certification 
standards set forth in 47 U.S.C. 543(a)(3).
    (b)(1) The cable operator bears the burden of rebutting the 
presumption that effective competition does not exist with evidence that 
effective competition, as defined in Sec. 76,905, exists in the 
franchise area.
    (2) For purposes of paragraph (a)(1) of this section, if the 
evidence establishing effective competition is not otherwise available, 
cable operators may request from a competitor information regarding the 
competitor's reach and number of subscribers. A competitor must respond 
to such request within 15 days. Such responses may be limited to 
numerical totals.
    (c) Stay of rate regulation. (1) The filing of a petition for 
reconsideration pursuant to paragraph (a)(1) of this section will 
automatically stay the imposition of rate regulation pending the outcome 
of the reconsideration proceeding.
    (2) A petitioner filing pursuant to paragraph (a)(2) of this section 
may request a stay of rate regulation.
    (3) In any case in which a stay of rate regulation has been granted, 
if the petition for reconsideration is denied, the cable operator may be 
required to refund any rates or portion of rates above the permitted 
tier charge or permitted equipment charge which were collected from the 
date the operator implements a prospective rate reduction back in time 
to September 1, 1993, or one year, whichever is shorter.
    (d) The filing of a petition for reconsideration alleging the 
presence of effective competition based on frivolous grounds is 
prohibited, and may be subject to forfeitures.

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    (e) If the Commission upholds a challenge to a certification filed 
pursuant to paragraph (a)(2) of this section, the Commission will notify 
the franchising authority of the revisions necessary to secure approval 
and provide the authority an opportunity to amend its certification 
however necessary to secure approval. Provided, however, That pending 
approval of certification, the Commission will assume jurisdiction over 
basic cable service rates in that franchise area.

[ 58 FR 29753 , May 21, 1993, as amended at  58 FR 46735 , Sept. 2, 1993]