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 ½ 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

207 CMR, § 3.02

Amended by Mass Register Issue 1347, eff. 9/8/2017. Amended by Mass Register Issue 1535, eff. 11/22/2024.