Sec.  76.913   Assumption of jurisdiction by the Commission.

   (a) Upon denial or revocation of the franchising authority's certification,
   the Commission will regulate rates for cable services and associated
   equipment of a cable system not subject to effective competition, as defined
   in  Sec. 76.905, in a franchise area. Such regulation by the Commission will
   continue until the franchising authority has obtained certification or
   recertification.

   (b) A franchising authority unable to meet certification standards may
   petition the Commission to regulate the rates for basic cable service and
   associated equipment of its franchisee when:

   (1) The franchising authority lacks the resources to administer rate
   regulation.

   (2) The franchising authority lacks the legal authority to regulate basic
   service rates; Provided, however, That the authority must submit with its
   request a statement detailing the nature of the legal infirmity.

   (c) The Commission will regulate basic service rates pursuant to this
   Section until the franchising authority qualifies to exercise jurisdiction
   pursuant to  Sec. 76.916.

   [ 58 FR 29753 , May 21, 1993, as amended at  62 FR 6495 , Feb. 12, 1997]

   Effective Date Note:   At  62 FR 6495 , Feb. 12, 1997, in  Sec. 76.913, paragraph
   (b)(1) was revised. This amendment contains information collection and
   recordkeeping requirements and will not become effective until approval has
   been given by the Office of Management and Budget.