Code of Massachusetts Regulations
207 CMR - CABLE TELEVISION DIVISION
Title 207 CMR 3.00 - CABLE LICENSING
Section 3.03 - Formal Licensing Procedures

Universal Citation: 207 MA Code of Regs 207.3

Current through Register 1531, September 27, 2024

(1) If the issuing authority elects to undertake the licensing process under 207 CMR 3.02(2) it shall promptly:

(a) Notify the Department of the date that the licensing process was initiated; and

(b) Specify a filing deadline for applications for a cable license or licenses.

(2) Within 90 days of the application filing deadline under 207 CMR 3.03(1)(b), the issuing authority shall issue a written report that includes specifications for the cable license as it deems appropriate. Within seven days after its issuance, the issuing authority shall forward copies of the report to each applicant of record and to the Department and shall set a deadline for receipt of amendments to applications. No applicant shall materially amend its application after the deadline for receipt of amendments.

(3) After issuing its report under 207 CMR 3.03(2), and after notice as required by 207 CMR 1.06(5)(g): Notice of Public Hearings on Cable Licensing and Transfers, the issuing authority shall hold a public hearing to assess the qualifications of each applicant. Assessment of applicant qualifications shall be limited to the information provided in the applications on file, any amendments to such applications, the issuing authority report on license specifications, oral testimony given during the hearing, and other relevant information included in the hearing record.

(4) Within 60 days following the close of the hearing the issuing authority shall approve or deny each application. The issuing authority shall grant a provisional license to any successful applicant and shall issue a written public statement containing in detail the reasons for the approval or denial of each application. The issuing authority shall send a copy of such statement to each applicant of record.

(5) The provisional license shall be executed within three months of the issuing authority's vote to award the provisional license. It shall be valid for a period no longer than one year, by which time the provisional licensee must have met the requirements set forth in 207 CMR 3.04(1). The provisional license shall expire upon the issuance of a final license or 12 months from the date of execution of the provisional license, whichever occurs first.

(6) Within seven days of the issuance of the public statement regarding the approval or denial of license applications the issuing authority shall file copies of the following documents with the Department:

(a) The issuing authority statement prepared pursuant to 207 CMR 3.03(4); and

(b) The provisional license, if one has been granted.

(7) No provisional license or any rights thereunder shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, either directly, indirectly, or by transfer or assignment of control by any entity holding such provisional license. "Transfer or assignment of control" shall be defined in accordance with 207 CMR 4.00: Transfer or Assignment of Control of a Final Cable License.

(8) Actual construction of physical facilities for a cable system may not commence prior to the grant of a final license pursuant to 207 CMR 3.04.

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