207 CMR, § 3.02 - Initiation of Licensing Process
(1) The
cable licensing process may be initiated by any of the following actions:
(a) A decision by the issuing authority to
begin the licensing process.
(b)
The filing with the issuing authority of an application form prescribed by the
Department pursuant to M.G.L. c. 166A, § 4.
(c) The filing with the issuing authority of
a petition signed by registered voters of the issuing authority requesting that
it begin the licensing process. A petition shall be valid when signed by as
many registered voters as equals 1/2 of 1% of the residents of the issuing
authority, except that the number of required signatures shall not be more than
500.
(2) No later than
60 days after an application or a voter's petition is filed, the issuing
authority shall decide whether the licensing process shall be undertaken.
Before making such decision 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. The issuing authority shall
afford any applicant, petitioner, resident, or other interested party a full
and fair opportunity to be heard. If more than one initiative is filed before
the hearing, such additional initiative shall be considered during the
scheduled hearing.
(3) If, after
the hearing described in 207 CMR 3.02(2), the issuing authority declines to
undertake the licensing process, it shall promptly issue a
written report containing the specific reasons for its decision. Within seven
days of the issuance of the report, the issuing authority shall forward copies
of the report to the Department, to each license applicant of
record, and to the incumbent cable licensee(s), if any. For the purposes of
M.G.L. c. 166A, § 14, the report shall be considered a denial of any
applications pending before the issuing authority.
(4) If the issuing authority elects to
proceed with the licensing process, it shall approve or deny each application
within 12 months from the date it decides to do so under 207 CMR
3.02(2).
Notes
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