FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,765
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4. The LEC whose service was the basis for the Commission's 2001 conclusion that
Comcast was subject to LEC effective competition was RCN-BecoCom, LLC. There is no dispute about
the third and fourth elements of the LEC test stated above. That is, both the City and Comcast agree that
RCN is offering video service to consumers, who are reasonably aware of its availability, and that RCN's
programming meets the Commission's requirements for programming comparability. The parties dispute,
however, the first two elements - whether RCN is a LEC and whether the area within which it offers
service substantially overlaps Comcast's. We resolve these disputes in the following paragraphs.
II. ANALYSIS OF THE LEC TEST
A. RCN's Status as a LEC
5. Section 632(1)(1)(D) requires that video programming be offered by the LEC, an affiliate
of the LEC, or any MVPD using the facilities of the LEC or affiliate.'7 The City alleges that neither RCN
nor any of its affiliates is a LEC or any other qualifying entity. The sole basis for this allegation is that
neither RCN nor any of its affiliates is on the list of"Massachusetts Licensed Telecommunications
Operators" that is maintained by the Massachusetts Department of Telecommunications and Cable." We
find this unconvincing. The list does include RCN's predecessor, RCN-BecoCom, Inc.,19 and any
omission of the new entity may be an oversight More importantly, the statutory definition of LEC
focuses not on lists generated by state regulatory authorities, but on whether the entity in question actually
does provide local exchange service.20 The City's petition includes a quotation from RCN's 2009 10-K
filing with the U.S. Securities and Exchange Commission that states that RCN provides local exchange
service on a network of facilities that it owns."' RCN has made similar statements to its subscribers, the
Massachusetts Department of Telecommunications and Cable, and this Commission.2 The current web
page of "RCN Boston" unequivocally offers "phone service.'"3 The City does not deny that the present
MVPD in Boston, RCN-BecoCom, LLC, provides local exchange service. We conclude that RCN
provides local exchange service in the City of Boston and is, accordingly, a LEC within the terms of
Section 632(1)(1)(D) of the Communications Act.
17 47 U.S.C. 543(I)(1)(D); 47 C.F.R. 76.905(b)(4).
18 Petition at 17.
' Opposition at 4.
2o See supra 3 discussing the definitions of the terms "local exchange carrier," "telephone exchange service," and
21 Petition, Exh. 4, Ashpaugh & Sculco & Front Range Consulting, Final report on the Transfer of RCN's Cable
Properties to Yankee Cable & ABRY Partners (May 28, 2010), Excerpts from RCN Corporation's Form 10-K for
the Fiscal Year Ended December 31, 2009 at 4-3:
"We provide local, long distance, and international voice telephone services. ... We provide
voice services through a traditional, switched platform ... [and] a 'digital phone' architecture that
transmits signals on our broadband network between the customer premises and an RCN switch,
which then interfaces with the public switched telephone network."
SOpposition at 4-5, Exhs. 3, 6, 7.
23 RCN Boston, Boston Phone, http://www.rcn.com/boston/phone (visited July 28, 201 1). The RCN web page is not
in the record herein. Accordingly, we note its content, but do not rely on it as the decisive evidence that RCN is a
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/m1/54/: accessed June 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.