FCC Record, Volume 15, No. 15, Pages 8794 to 9346, May 15 - May 26, 2000 Page: 8,804
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F C C D 00-1073
II. DISCUSSION
3. TCI asserts that its cable system serving Laurens is subject to municipal provider
effective competition from Laurens Municipal Communications Utility ("LMCU"), a cable television
system owned and operated by the City.5 TCI states that in January 1997, the citizens of Laurens voted
to have LMCU begin operating a cable system in competition with its system, and that LMCU cable
service began in December 1998.6 TCI contends that Laurens qualifies as an MVPD because it makes
over 50 channels of video programming available to its subscribers.7 To support its petition, TCI
provides LMCU's channel line-up and newspaper articles from local papers as evidence that LMCU is
municipally-owned, and that LMCU operates a cable system within TCI's Laurens franchise area.8
LMCU's channel line-up indicates that it offers 50 channels, including at least 8 broadcast channels and
numerous non-broadcast channels.9
4. With regard to the requirement that the municipally-owned cable system offer service to
at least 50 percent of the households in the franchise area, TCI submits 1990 Census data indicating that
Laurens has 664 households.'0 In addition, TCI presents evidence indicating that in response to a letter
from TCI, the City stated that LMCU's cable plant passes 715 household in Laurens.I" Based on these
exhibits, which indicate that LMCU passes well over 50 percent of the households in Laurens, TCI
contends that the City offers video programming to over 50 percent of the households in Laurens.'2
5. In the absence of a demonstration to the contrary, cable systems are presumed not to be
subject to effective competition.13 The cable operator bears the burden of rebutting the presumption that
effective competition does not exist with evidence that effective competition, as defined by Section
76.905 of the Commission's rules, is present within its franchise area.'4 TCI has met this burden.
6. The municipal provider test requires that at least 50 percent of the households in the
franchise area be offered service by a municipally-owned cable system. TCI's evidence clearly
5TCI Petition at 2.
61Id.
71d.
81d. at Exhibit B - D.
91d. at 2 and Exhibit B.
'0Id. at 4. The Commission has stated that 1990 Census data is an appropriate measure of households. Operators
that have access to more recent data may submit such information. See In the Matter of Cable Operator's
Petitions for Reconsideration and Revocation of Franchising Authorities Certifications to Regulate Basic Cable
Service Rates, Order, 9 FCC Rcd 3656 (1994).
"TCI Petition at 4 and Exhibit F.
'2TCI contends that the fact that LMCU passes more than the number of households. in Laurens according to the
1990 Census can be attributed to intervening population and household growth in Laurens since 1990. Id. at 4
n.1h.
1347 C.F.R. 76.906.
1447 C.F.R. 76.91 l(b)(1).8804
Federal Communications Commission
DA 00-1073
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United States. Federal Communications Commission. FCC Record, Volume 15, No. 15, Pages 8794 to 9346, May 15 - May 26, 2000, book, May 2000; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc2980/m1/28/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.