Page:United States Statutes at Large Volume 106 Part 2.djvu/585

 PUBLIC LAW 102-385—OCT. 5, 1992 106 STAT. 1465 30 days after the date on which it is filed unless the Commission finds, after notice to the authority and a reasonable opportunity for the authority to comment, that— "(A) the franchising authority has adopted or is administering regulations with respect to the rates subject to regulation under this section that are not consistent with the regulations prescribed by the Commission under subsection (b); "(B) the firanchising authority does not have the legal authority to adopt, or the personnel to administer, such regulations; or "(C) procedural laws and regulations applicable to rate regulation proceedings by such authority do not provide a reasonable opportunity for consideration of the views of interested parties. If the Commission disapproves a franchising authority's certification, the Commission shall notify the franchising authority of any revisions or modifications necessary to obtam approval. cable operator or other interested party, the Commission shall review the reg^ulation of cable system rates by a franchising authority under this subsection. A copy of the petition shall be provided to the firanchising authority by the person filing the petition. If the Commission finds that the firanchising authority has acted inconsistently with, the requirements of this subsection, the Commission shall grant appropriate relief. If the Commission, after the franchising authority has had a reasonable opportunity to comment, determines that the State and local laws and regulations are not in conformance with the regulations prescribed by the Commission under subsection (b), the Commission shall revoke the jurisdiction of such authority. "(6) EXERCISE OF JURISDICTION BY COMMISSION.— If the Commission disapproves a franchising authority's certification under paragraph (4), or revokes such authority's jurisdiction under paragraph (5), the Commission shall exercise the franchising aumority's regulatory jurisdiction under paragraph (2)(A) until the franchising authority has ([uaUfied to exercise that jurisdiction by filing a new certification that meets the requirements of paragraph (3). Such new certification shall be effective upon approved by the Commission. The Commission shall act to approve or disapprove any such new certification within 90 days after the date it is filed. "(b) ESTABLISHMENT OF BASIC SERVICE TIER RATE REGULA- TIONS. — "(1) COMMISSION OBLIGATION TO SUBSCRIBERS.— The Commission shall, by regulation, ensure that the rates for the basic service tier are reasonable. Such regulations shall be designed to achieve the goal of protecting subscribers of any cable system that is not subject to effective competition from rates for the basic service tier that exceed the rates that would be charged for the basic service tier if such cable system were subject to effective competition. "(2) COMMISSION REGULATIONS. —Within 180 days after the date of enactment of the Cable Television Consumer Protection and Competition Act of 1992, the Commission shall prescribe, and periodically thereafi^er revise, regulations to carry out its
 * (5) REVOCATION OF JURISDICTION. —Upon petition by a

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