Form FCC Form 328 FCC Form 328 Franchising Authority Certification

Not Yet Approved by OMB
3060-0550

Federal Communications Commission
Washington, D. C. 20554

For FCC Use Only

FCC 328
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE
RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION

1. Name of Franchising Authority

3. Will your franchising authority adopt (within 120
days of certification) and administer regulations with
respect to basic cable service that are consistent with
the regulations adopted by the FCC pursuant to 47
U.S.C Section 543(b)?

Mailing Address

City

State

ZIP Code

Yes

No

4. With respect to the franchising authority's regulations referred to in
question 3,

Telephone No. (include area code):

a. Does your franchising authority have the legal
authority to adopt them?

Yes

No

Person to contact with respect to this form:

b. Does your franchising authority have the
personnel to administer them?

Yes

No

Yes

No

Yes

No

Yes

No

2a. Narne(s) and address(es) of cable system(s) and associated FCC
Community unit identifier(s) within your jurisdiction. (Attach
additional sheets if necessary)

rate regulation proceedings by your franchising
authority provide a reasonable opportunity for
consideration of the views of interested parties?

6a. The Commission presumes that the cable system(s)

Cable System's Name

Mailing
Address
City

5. Do the procedural laws and regulations applicable to

State

ZIP Code

listed in 2b is (are) subject to competing provider
effective competition. Based on definition (b) below,
do you have reason to believe that this presumption is
incorrect? If so, you must provide an attachment
containing evidence adequate to satisfy your burden
of rebutting the presumption with specific evidence.

Cable System's FCC Community Unit Identifier:

6b. The Commission presumes that the cable system(s)
listed in 2b is (are) not subject to any other type of
effective competition. Based on definitions (a), (c),
and (d) below, do you have reason to believe that this
presumption is correct?

Cable System's Name

Mailing Address

City

State

ZIP Code

Cable System's FCC Community Unit Identifier:

2b. Name(s) of system(s) and associated community unit identifier(s)
you claim are subject to regulation and with respect to which you
are filing this certification. (Attach additional sheets if necessary.)
Name of System

Name of System

2c. Have you served a copy of this form on
all parties listed in Item 2?

Yes

No

FCC Form 328
Draft

(Effective competition means that (a) fewer than 30 percent of the households
in the franchise area subscribe to the cable service of a cable system; (b) the
franchise area is (i) served by at least two unaffiliated multichannel video
programming distributors each of which offers comparable video
programming to at least 50 percent of the households in the franchise area,
and (ii) the number of households subscribing to programming services
offered by multichannel video programming distributors other than the largest
multichannel video programming distributors exceeds 15 percent of the
households in the franchise area; (c) a multichannel video programming
distributor operated by the franchising authority for that franchise area offers
video programming to at least 50 percent of the households in the franchise
area; or (d) a local exchange carrier or its affiliate (or any multichannel video
programming distributor using the facilities of such carrier or its affiliate)
offers video programming services directly to subscribers by any means
(other than direct-to-home satellite services) in the franchise area of an
unaffiliated cable operator which is providing cable service in that franchise
area, but only if the video programming services so offered in that area are
comparable to the video programming services provided by the unaffiliated
cable operator in that area. 47 C.F.R. § 76.905.)
Signature

Title
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM
ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001).
Return the original and one copy of this certification form (as
indicated in the Instructions for FCC 328), along with any
attachments, to:
Federal Communications Commission
Attn: Media Bureau, Policy Division
FCC Form 328 Cable Franchising Authority Certification
445 12th Street, SW
Washington, DC 20554

Page 2

FCC Form 328
Draft