207 CMR, § 3.04 - Grant of Final License

(1) A final license to construct and operate a cable system shall be granted by the issuing authority following substantial compliance with each of the following requirements:

(a) The submission requirements contained in the application form prescribed by the Department, pursuant to M.G.L. c. 166A, § 4; and

(b) The terms and conditions of M.G.L. c. 166A, §§ 3, 4, and 5.

(2) A final license shall contain terms substantially identical with the terms contained in the provisional license. Notwithstanding the foregoing, a final license may contain terms differing from those in the provisional license, if the issuing authority, in the public statement required by 207 CMR 3.04(4), sets forth in detail its reasons for accepting an alteration of those terms.

(3) In the event the issuing authority finds that there has been a failure to comply with the provisions of 207 CMR 3.04(1), the issuing authority shall deny a final license to the provisional licensee and shall issue a written statement setting forth in detail the basis for such finding and denial. A copy of the statement shall be sent to the provisional licensee and to the Department.

(4) The issuing authority shall grant a final license to an approved applicant and shall issue a written public statement containing in detail the reasons for granting the approval, including, where applicable, the reasons for accepting an alteration of the terms of the provisional license. A copy of the statement shall be sent to the licensee.

(5) Within seven days of the grant of a final license, the issuing authority shall file copies of the following documents with the Department. The issuing authority may file such documents electronically:

(a) the final license;

(b) the written statement issued pursuant to 207 CMR 3.04(4); and

(c) the completed application form prescribed by the Department pursuant to M.G.L. c. 166A, § 4.

(6) If the issuing authority denies the final license, it may recommence the licensing process at any time. If this occurs within a reasonable time after the issuance of the public statement under 207 CMR 3.04(3), the issuing authority may request a waiver for an abbreviated licensing process in accordance with 207 CMR 2.03: Waiver.

Notes

207 CMR, § 3.04

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