16 Tex. Admin. Code § 28.6 - State-Issued Certificate of Franchise Authority (CFA) Certification Criteria
(a) Scope and
purpose. This section applies to the commission's certification of persons and
entities to provide cable and/or video service as holders of a state-issued
certificate of franchise authority (CFA), as established in the Public Utility
Regulatory Act (PURA), Chapter 66, §§66.001 - 66.004.
(b) Application for CFA. An entity or person
seeking to provide cable and/or video service in this state shall file an
application for a CFA with the commission as provided in subsection (e) of this
section.
(c) Eligibility to file
application.
(1) A cable service provider or
a video service provider that currently has or had previously received a
municipal franchise to provide cable service or video service is not eligible
to seek a CFA to provide service in that municipality until the expiration date
of the existing franchise agreement for such municipality.
(2) A cable service provider or a video
service provider that currently has or had previously received a municipal
franchise to provide cable service or video service may file an application for
a CFA to provide service in such municipality no earlier than 17 business days
before the expiration of the municipal franchise provided that the application
requests issuance of the CFA after the expiration of the municipal
franchise.
(3) For purposes of this
subsection a cable service provider or video service provider will be deemed to
have or have had a franchise to provide cable service or video service in a
specific municipality if any affiliates or successor entity of the cable or
video provider has or had a franchise agreement granted by that specific
municipality. The terms "affiliates or successor entity" in this subsection
include but are not limited to any entity receiving, obtaining, or operating
under a municipal cable or video franchise through merger, sale, assignment,
restructuring, or any other type of transaction.
(d) Procedure for reviewing CFA applications.
(1) The commission shall notify an applicant
for CFA whether the application is complete before the 15th business day after
the application was submitted.
(2)
The commission shall issue a CFA before the 17th business day after the
application, including the requisite affidavit, has been filed if the
commission finds the application to be complete and sufficient.
(e) Standards for granting
franchise authority to CFA applicants. An applicant for a CFA shall submit a
completed Application for State Issued Certificate of Franchise Authority,
which shall include the following items:
(1)
An affidavit signed by an officer or general partner of the applicant affirming
the following:
(A) the applicant has filed or
will timely file with the Federal Communications Commissions (FCC) all forms
that the FCC requires from entities seeking to provide cable or video services
in Texas;
(B) the applicant agrees
to comply with all applicable federal and state statutes and
regulations;
(C) the applicant
agrees to comply with all applicable municipal regulations regarding the use
and occupation of public rights-of-way in the delivery of the cable and/or
video service, including the police powers of the municipalities in which the
service is delivered;
(D) all
statements made in the Application for State Issued Certificate of Franchise
Authority are true and correct.
(2) A description of the service area
footprint to be served. Service areas may be an entire municipality or a
portion thereof and may include incorporated areas as well as unincorporated
areas. Acceptable service area descriptions include properly labeled maps that
clearly define the service area using city/municipality limits, county
boundaries, metes and bounds, subdivisions, and/or other geographic areas with
distinct boundaries.
(3) The street
address and telephone number of the applicant's principal place of
business.
(4) The name, addresses,
and telephone numbers of an authorized representative, a regulatory contact,
and an emergency contact.
(5) The
names of the applicant's principal executive officers.
(f) Name(s) on CFA.
(1) All cable and/or video services provided
under a CFA shall be provided in the name under which certification was granted
by the commission. The requested name(s) must be registered with the proper
authorities to conduct business in Texas (i.e., the Texas
Secretary of State with the exception of sole proprietorships that are
registered with the county in the requested service area), and may not be
deceptive, misleading, vague, inappropriate, or duplicative of an existing CFA
holder.
(2) The holder of the CFA
may request commission approval to add, delete or change the name(s) on the
franchise authority in accordance with subsection (g)(4) of this
section.
(g) Amendments,
terminations and transfers of a CFA.
(1)
Termination of CFA. A CFA may be terminated by the certificate holder by
submitting written notice to the commission. The CFA Termination Notice shall
be filed with the commission in the project number established by staff for
that purpose.
(2) Transfer of
ownership/control. A CFA is fully transferable to any successor in interest to
the entity to which the CFA was originally granted. The successor in interest
shall file a written notice of transfer with the commission and the relevant
municipality within 14 business days of the completion of such transfer. The
notice to the commission shall be in the form of an application to amend the
existing CFA and shall contain the information described in subsection (e) of
this section.
(3) Expansion of
service area footprint. Changes to the description of the existing service area
footprint shall be accomplished by filing an application to amend the existing
CFA with the commission prior to any such change.
(4) Name changes. The holder of the CFA may
request commission approval to add, delete, or change the name(s) on the CFA by
filing with the commission an application to amend its CFA.
(h) Reporting requirements.
(1) All CFA holders shall notify the
commission of changes in company contact information within 14 business days of
any such change.
(2) Every CFA
holder shall file with this commission a copy of any order or ruling issued by
a court of competent jurisdiction that either modifies or revokes its CFA or
makes it ineligible to hold a CFA within 14 business days of the issuance of
such order or ruling.
(i) Records requirements. A franchise holder
shall maintain a copy of records required by applicable federal or state laws
and regulations for a period of not less than 12 months. Upon commission staff
request, the franchise holder shall provide an accurate and complete copy of
any such records no later than 21 business days after the date of such
request.
Notes
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