FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,076
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Federal Communications Commission DA 11-1778
6. Based upon the aggregate subscriber penetration levels that were calculated using Census
2010 household data,'x as reflected in Attachment A, we find that Petitioner has demonstrated that the
number of households subscribing to programming services offered by MVPDs, other than the largest
MVPD, exceeds 15 percent of the households in the Attachment A Communities. Therefore, the second
prong of the competing provider test is satisfied for each of the Attachment A Communities. Based on
the foregoing, we conclude that Petitioner has submitted sufficient evidence demonstrating that both
prongs of the competing provider test are satisfied and Petitioner is subject to effective competition in the
Attachment A Communities.
B. The Low Penetration Test
7. Section 623(l)( )(A) of the Communications Act provides that a cable operator is subject
to effective competition if the Petitioner serves fewer than 30 percent of the households in the franchise
area. This test is referred to as the "low penetration" test.9" Petitioner 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 Communities.
8. Based upon the subscriber penetration level calculated by Petitioner, as reflected in
Attachment B, we find that Petitioner has demonstrated the percentage of households subscribing to its
cable service is less than 30 percent of the households in the Attachment B Communities. Therefore, the
low penetration test is satisfied as to the Attachment B Communities.
Ill. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that the petition for a determination of effective
competition filed in the captioned proceeding by Time Warner Cable Inc. IS GRANTED.
10. IT IS FURTHER ORDERED that the certification to regulate basic cable service rates
granted to or on behalf of any of the Communities set forth on Attachments A and B IS REVOKED.
I 1. 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
'7 Petition at 7.
iX Id at Exh. D.
'" 47 U.S.C. 543()(1 )(A).
" 47 C.F.R. 0).283.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/100/: accessed June 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.