FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,768
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10. We grant the City's petition to be re-certified to regulate Comcast's basic rates in Boston,
Massachusetts. Pursuant to Section 76.910(e), unless the Commission notifies the County otherwise and
subject to the other qualifications in subsection (e), 30 days after release of this Memorandum Opinion
and Order, the City will be re-certified to regulate Comcast's basic cable service. Comcast may, no later
than that date, file a petition for reconsideration of the City of Boston's certification raising the competing
provider effective competition issue. Comcast's filing of such a petition will stay the recommencement of
basic service tier rate regulation in Boston pending the Commission's adjudication of Comcast's
11. According to our standard procedures, the City, after being re-certified to regulate
Comcast's basic rates, would file a new Form 328 (Franchising Authority Certification) with us; absent
intervening events, the Form would take effect 30 days later; and Comcast would file a petition for
reconsideration of the Form's effectiveness another 30 days later.42 In this proceeding, the City included
a new Form 328 as Exhibit 5 to its Petition. It appears to be in order. No useful purpose would be served
by now requiring the City to re-file a new Form 328. Petitions for reconsideration are due 30 days after
release of the decision of which reconsideration is sought and the City's new Form 328 is a legally valid
document upon release of this Memorandum Opinion and Order. Accordingly, in the interests of
expediting these proceedings, we waive our rules to the extent necessary to accept a Comcast petition for
reconsideration, presumably alleging competing provider effective competition, no later than 30 days
after release of this Memorandum Opinion and Order. Any petition that Comcast files may contain the
same evidence that appears in its Opposition, or other additional evidence that Comcast chooses to
submit. We caution Comcast to serve a copy of any such petition upon all necessary parties.43
V. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that the Emergency Petition for Recertification filed in
the captioned proceeding by the City of Boston, Massachusetts, in CSR 8488-R and dated May 9, 2011,
13. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division, Media Bureau
4' 47 CF.R. 76.91i(b).
42 47 U.S.C. 405(a); 47 C.F.R. 1.106, 76.910(e), 76.911.
43 See Reply at ii n.2, 7 n.17.
44 47 C.F.R. 0.283.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc102307/m1/57/: accessed August 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.