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AgdaPkt 2007-01-08
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AgdaPkt 2007-01-08
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Last modified
1/9/2007 9:55:38 AM
Creation date
1/4/2007 2:25:18 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council & Redevelopment
Date
1/8/2007
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<br />FRANCHISE TRANSFER PROVISIONS <br />OF FEDERAl LAW AND FCC REGULATIONS <br /> <br />United States Code Annotated <br />Title 47. Telegraphs, Telephones, and Radio Telegraphs <br />Chapter 5..Wlre or Radio Communication <br />Subchapter V-A.-Cable Communications <br />(Cable Communications Policy Act of 1984 as amended) <br />'617 [47 USC 537] <br />Sales of Cable Systems <br /> <br />A franchising authority shall, if the franchise requires franchising authority approval of a sale or <br />transfer, have 120 days to act upon any request for approval of such sale or transfer that contains <br />or is accompanied by such information as is required in accord,ance with Commission regulations <br />and by the franchising authority. If the franchising authority fails to render a final decision on the <br />request within 120 days, such request shall be deemed granted unless the requesting party and <br />the franchising authority agree to an extension of time. <br /> <br />Code of Federal Regulations <br />Title 47-Telecommunlcation <br />Chapter I-Federal Communications Commission <br />Subchapter C-Broadcast Radio Services <br />Part 76--Cable Television Service <br /> <br />~76.502 Time limits aoolicable to franchise authority l=Onsideration of transfer applications <br /> <br />(a) A franchise authority shall have 120 days from the date of submission of a completed FCC <br />Form 394. together with all exhibits. and any additional information required by the terms of the <br />franchise agreement or applicable state or local law to act upon an application to sell, assign, or <br />otherwise transfer controlling ownership of a cable system. <br /> <br />(b) A franchise authority that questions the accuracy of the information provided under paragraph <br />(a) must notify the cable operator within 30 days of the filing of such information, or such <br />information shall be deemed accepted, unless the cable operator has failed to provide any <br />additional Information reasonably requested by the franchise authority within 10 days of such <br />request. <br /> <br />(c) If the franchise authority fails to act upon such transfer request within 120 days, such request <br />shall be deemed granted unless the franchise authority and the requesting party otherwise agree <br />to an extension of time. <br /> <br />The Report of the House Committee on Energy and Commerce (June 29. 1992) contains the <br />legislative history of Congressional intent with regard to the 1992 Cable Act. The portion of the <br />Report addressing Section 617 (Sales of Cable Systems) states: <br /> <br />"The Committee intends that the FCC Regulations will be designed to ensure that <br />every franchising authority receive the information required to begin an <br />evaluation of a request for approval of a sale or transfer. Such information may <br />include detailed financial information showing the effect of the transfer or sale on <br />rates and services, the contracts and agreements underlying the sale or transfer; <br />information concerning the legal, financial and technical qualifications of the <br /> <br />6.3D <br />Page 23 <br />
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