§ 76.945   Procedures for Commission review of basic service rates.

   (a) Upon assumption of rate regulation authority, the Commission will
   notify the cable operator and require the cable operator to file its
   basic rate schedule with the Commission within 30 days, with a copy to
   the local franchising authority.

   (b) Basic service and equipment rate schedule filings for existing
   rates or proposed rate increases (including increases in the baseline
   channel change that results from reductions in the number of channels
   in a tier) must use the official FCC form, a copy thereof, or a copy
   generated by FCC software. Failure to file on the official FCC form or
   a copy may result in the imposition of sanctions specified in
   § 76.937(d). Cable operators seeking to justify the reasonableness of
   existing or proposed rates above the permitted tier rate must submit a
   cost-of-service showing sufficient to support a finding that the rates
   are reasonable.

   (c) Filings proposing annual adjustments or rates within the rates
   regulation standards in § § 76.922 and 76.923, must be made 30 days prior
   to the proposed effective date and can become effective on the proposed
   effective date unless the Commission issues an order deferring the
   effective date or denying the rate proposal. Petitions opposing such
   filings must be filed within 15 days of public notice of the filing by
   the cable operator and be accompanied by a certificate that service was
   made on the cable operator and the local franchising authority. The
   cable operator may file an opposition within five days of filing of the
   petition, certifying to service on both the petitioner and the local
   franchising authority.

   (d) Filings proposing a rate not within the rate regulation standards
   of § § 76.922 and 76.923, must be made 90 days before the requested
   effective date. Petitions opposing such filings must be filed within 30
   days of public notice of the filing, and be accompanied by a
   certificate that service was made on the cable operator and the local
   franchising authority. The cable operator may file an opposition within
   10 days of the filing of the petition, and certifying that service was
   made on the petitioner and the local franchising authority.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17974 , Apr. 15, 1994]

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