[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.41]

[Page 537-538]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
                 Subpart C_Cable Franchise Applications
 
Sec.  76.41  Franchise application process.


    (a) Definition. Competitive franchise applicant. For the purpose of 
this section, an applicant for a cable franchise in an area currently 
served by another cable operator or cable operators in accordance with 
47 U.S.C. 541(a)(1).
    (b) A competitive franchise applicant must include the following 
information in writing in its franchise application, in addition to any 
information required by applicable State and local laws:
    (1) The applicant's name;
    (2) The names of the applicant's officers and directors;

[[Page 538]]

    (3) The business address of the applicant;
    (4) The name and contact information of a designated contact for the 
applicant;
    (5) A description of the geographic area that the applicant proposes 
to serve;
    (6) The PEG channel capacity and capital support proposed by the 
applicant;
    (7) The term of the agreement proposed by the applicant;
    (8) Whether the applicant holds an existing authorization to access 
the public rights-of-way in the subject franchise service area as 
described under paragraph (b)(5) of this section;
    (9) The amount of the franchise fee the applicant offers to pay; and
    (10) Any additional information required by applicable State or 
local laws.
    (c) A franchising authority may not require a competitive franchise 
applicant to negotiate or engage in any regulatory or administrative 
processes prior to the filing of the application.
    (d) When a competitive franchise applicant files a franchise 
application with a franchising authority and the applicant has existing 
authority to access public rights-of-way in the geographic area that the 
applicant proposes to serve, the franchising authority must grant or 
deny the application within 90 days of the date the application is 
received by the franchising authority. If a competitive franchise 
applicant does not have existing authority to access public rights-of-
way in the geographic area that the applicant proposes to serve, the 
franchising authority must grant or deny the application within 180 days 
of the date the application is received by the franchising authority. A 
franchising authority and a competitive franchise applicant may agree in 
writing to extend the 90-day or 180-day deadline, whichever is 
applicable.
    (e) If a franchising authority does not grant or deny an application 
within the time limit specified in paragraph (d) of this section, the 
competitive franchise applicant will be authorized to offer service 
pursuant to an interim franchise in accordance with the terms of the 
application submitted under paragraph (b) of this section.
    (f) If after expiration of the time limit specified in paragraph (d) 
of this section a franchising authority denies an application, the 
competitive franchise applicant must discontinue operating under the 
interim franchise specified in paragraph (e) of this section unless the 
franchising authority provides consent for the interim franchise to 
continue for a limited period of time, such as during the period when 
judicial review of the franchising authority's decision is pending. The 
competitive franchise applicant may seek judicial review of the denial 
under 47 U.S.C. 555.
    (g) If after expiration of the time limit specified in paragraph (d) 
of this section a franchising authority and a competitive franchise 
applicant agree on the terms of a franchise, upon the effective date of 
that franchise, that franchise will govern and the interim franchise 
will expire.

[72 FR 13215, Mar. 21, 2007]