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

B. The Low Penetration Test
12. Section 623(1)(1)(A) of the Communications Act provides that a cable operator is subject
to effective competition if Comcast serves fewer than 30 percent of the households in the franchise area.
This test is referred to as the "low penetration" test.33 Comcast alleges that it is subject to effective
competition under the low penetration effective competition test because it serves less that 30 percent of
the households in the Attachment B Community.34
13. Based upon the subscriber penetration level calculated by Comcast, as reflected in
Attachment B, we find that Comcast has demonstrated the percentage of households subscribing to its
cable service is less than 30 percent of the households in the Attachment B Community. Therefore, the
low penetration test is satisfied as to the Attachment B Community.
III. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that the petition for a determination of effective
competition filed in the captioned proceeding by Comcast Cable Communications, LLC, IS GRANTED.
15. IT IS FURTHER ORDERED that the certification to regulate basic cable service rates
granted to any of the Communities set forth on Attachments A and B IS REVOKED.
16. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the
Commission's rules.3s
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division, Media Bureau
33 47 U.S.C. 543(IXI)(A).
* Comcast also claims to be subject to low penetration effective competition in 3 Attachment A Communities,
Bolton Town, Edwards Town, and Hinds County. Petition at 2. We need not rule on these claims because we have
found that Comcast is subject to competing provider etTective competition in them.
35 47 C.F.R. 0.283.

4905

Federal Communications Commission

DA 11-557

United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed July 12, 2014.