FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,103

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Time Warner Cable Inc. ) CSR 7568-R
Petition for Subscribership Information Pursuant )
to Section 76.907(c) of the Commission's Rules )
ORDER
Adopted: April 5, 2011 Released: April 6, 2011
By the Senior Deputy Chief, Policy Division, Media Bureau:
I. INTRODUCTION AND BACKGROUND
1. Time Warner Cable Inc. ("Time Warner" or "the Company"), intends to file a petition
seeking a finding that it is subject to "competing provider" effective competition in and around San
Antonio, Texas.' The Company's petition will need to show the Commission that, in each of the areas in
question, more than 15 percent of the households subscribe to video services offered by competing
multichannel video program distributors ("MVPDs")., To sustain this burden of proof, Time Warner
needs numbers of subscribers from three companies: the direct broadcast satellite ("DBS") providers
DIRECTV, Inc., and DISH Network, and the local exchange carrier AT&T Texas ("AT&T"), which
provide service in the areas in question. Time Warner needs AT&T numbers for seven areas in which the
DBS providers' subscribers do not reach the threshold of more than 15 percent of households.
2. AT&T refuses to produce its subscriber numbers,4 for essentially two reasons. First, it
cites the confidential nature of its customer numbers in the competitive MVPD marketplace.5 Second, it
alleges that Time Warner does not need AT&T's subscriber numbers because the Company could show
that it is subject to another form of effective competition, so-called "local exchange carrier" or LEC
effective competition, without any confidential numbers from AT&T.6
3. Time Warner filed the present petition, requesting that we order AT&T to disclose its
subscriber numbers in the areas in question. Time Warner invokes Section 76.907(c) of our rules, which
provides:
"If the evidence establishing effective competition is not otherwise available, cable
operators may request from a competitor information regarding the competitor's reach
' Time Warner "Petition for Special Relief' in CSR 7568-R at 2.
2 See 47 U.S.C. 543(1)(1)(B); 47 C.F.R. 76.905(b)(2).
3 Petition at 2 & n.6.
4 Petition, Exhs. B & D (letters from counsel for AT&T to counsel for Time Warner). The DBS providers make
their community-specific subscriber numbers available through the Satellite Broadcasting and Communications
Association.
S"Opposition of AT&'F' at 1, 3, 7.
6 Id at 5-7; see also 47 U.S.C. 543(1)(1)(D)); 47 C.F.R. 76.905(b)(4).

5103

Federal Communications Commission

DA 11-616