207 CMR, § 3.03 - Formal Licensing Procedures
(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.
Notes
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