§  76.937   Burden of proof.

   (a) A cable operator has the burden of proving that its existing or
   proposed rates for basic service and associated equipment comply with
   47 U.S.C. 543, and § § 76.922 and 76.923.

   (b) For an existing or a proposed rate for basic tier service or
   associated equipment that is within the permitted tier charge and
   actual cost of equipment as set forth in § § 76.922 and 76.923, the cable
   operator must submit the appropriate FCC form.

   (c) For an existing or a proposed rate for basic tier service that
   exceeds the permitted tier charge as set forth in § § 76.922 and 76.923,
   the cable operator must submit a cost-of-service showing to justify the
   proposed rate.

   (d) A franchising authority or the Commission may find a cable operator
   that does not attempt to demonstrate the reasonableness of its rates in
   default and, using the best information available, enter an order
   finding the cable operator's rates unreasonable and mandating
   appropriate relief, as specified in § § 76.940, 76.941, and 76.942.

   (e) A franchising authority or the Commission may order a cable
   operator that has filed a facially incomplete form to file supplemental
   information, and the franchising authority's deadline to rule on the
   reasonableness of the proposed rates will be tolled pending the receipt
   of such information. A franchising authority may set reasonable
   deadlines for the filing of such information, and may find the cable
   operator in default and mandate appropriate relief, pursuant to
   paragraph (d) of this section, for the cable operator's failure to
   comply with the deadline or otherwise provide complete information in
   good faith.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17973 , Apr. 15, 1994]