FCC Record, Volume 14, No. 28, Pages 15218 to 15862, September 7 - September 17, 1999 Page: 15,259
ix, 15218-15862 p. ; 28 cm.View a full description of this book.
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Feea Comuictin CmIsIon DA 994815I...
portions of the franchise area would only enhance SNET's competitive prospects in areas where entry is
imminent.46
13. Cablevision contends that SNET's opposition concedes all of the relevant factors necessary
to establish effective competition under Section 623(1)(1)(D). Cablevision also cites a filing SNET made
with DPUC in connection with SNET's application for a statewide cable franchise, in which SNET argued
that approval of the application would introduce effective competition within the meaning of Section
623(1)(1)(D).47 Finally, Cablevision argues that SNET's contention regarding the applicability of the
uniform rate rules are without merit as there is no evidence that the rules are currently being violated.48
14. In the first supplemental pleading filed by Cablevision on September 15, 1998, updating
the information contained in its petition, the operator demonstrates that SNET's cable service is now
available to more than 41,000 residences in the towns of Norwalk, Greenwich, Westport, and Darien.49
Specifically, 4,638 homes are passed in Darien, 21,628 homes are passed in Norwalk, 5,023 homes are
passed in Greenwich, and 9,922 homes are passed in Westport.50 Cablevision asserts that actual subscriber
counts have been withheld by SNET because the information is considered proprietary.
15. In the second supplemental pleading filed by Cablevision on December 16, 1998, the
operator explains that the DPUC51 and the Federal Communications Commission52 granted Applications
for Transfer of Control of Licenses and Authorizations from SNET to SBC Communications, Inc.
("SBC").53 Cablevision explains that, as a result of the transfer, SNET Personal Vision has become an
indirect wholly-owned subsidiary of SBC. Cablevision states that, as an express condition of the DPUC
Order, the Connecticut DPUC required "SBC to commit to maintaining the SNET/SBC current level of
capital investment, staffing, marketing, research, and facility deployment proposed and accepted by the
[DPUC] in [SNET's original] franchise agreement... for not less than 24 months following the Merger."54
461d. at 12.
471d. at 13, citing Comments of SNET filed before the Connecticut Department of Public Utility Control on
March 6, 1996 at 19 (attached to reply as Exhibit 2).
481d. at 16.
49Cablevision Supplemental Pleading at 2, citing SNET's July 1998 CATV Report to the Connecticut Department
of Public Utility Control.
50ld
5 See Joint Application of SBC Communications Inc. and the Southern New England Telecommunications
Corporation for a Change in Control, DPUC Docket No. 98-02-20 (rel. Sept. 2, 1998) ("DPUC Order").
52See In the Matter of Applications for Consent to the Transfer of Control of Licenses and Section 214
Authorizations from Southern New England Telecommunications Corporation, Transferor, to SBC Communications,
Inc., Transferee, CC Docket No. 98-25, Memorandum Opinion and Order (rel. Oct. 23, 1998).
53Cablevision's Second Supplemental Pleading at 2.
54See DPUC Order at 59.15259
Federal Communications Commission
DA 99-1815
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United States. Federal Communications Commission. FCC Record, Volume 14, No. 28, Pages 15218 to 15862, September 7 - September 17, 1999, book, September 1999; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc2929/m1/57/: accessed May 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.