FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,105
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Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Time Warner Cable Inc. ) CSR 8173-E
Petition for Determination of Effective )
Competition in Kansas Communities )
MEMORANDUM OPINION AND ORDER
Adopted: April 5, 2011 Released: April 7, 2011
By the Senior Deputy Chief, Policy Division, Media Bureau:
I. INTRODUCTION AND BACKGROUND
1. Time Warner Cable Inc., hereinafter referred to as "Petitioner," has filed with the
Commission a petition pursuant to Sections 76.7, 76.905(bX4) and 76.907 of the Commission's rules for
a determination that Petitioner is subject to effective competition in those communities listed on
Attachment A and hereinafter referred to as the "Communities." Petitioner alleges that its cable system
serving the Communities is subject to effective competition pursuant to Section 623()(1X)(D) of the
Communications Act of 1934, as amended ("Communications Act")' and the Commission's
implementing rules,' and is therefore exempt from cable rate regulation in the Communities because of
the competing service provided by AT&T, hereinafter referred to as "Competitor." The petition is
2. In the absence of a demonstration to the contrary, cable systems are presumed not to be
subject to effective competition,3 as that term is defined by Section 623(1) of the Communications Act and
Section 76.905 of the Commission's rules.4 The cable operator bears the burden of rebutting the
presumption that effective competition does not exist with evidence that effective competition is present
within the relevant franchise area.' For the reasons set forth below, we grant the Petition based on our
finding that Petitioner is subject to effective competition in the Communities listed on Attachment A.
3. Section 623(1)()(XD) of the Communications Act provides that a cable operator is subject
to effective competition if a local exchange carrier ("LEC"), or its affiliate, offers video programming
services directly to subscribers by any means (other than direct-to-home satellite services) in the franchise
area of an unaffiliated cable operator which is providing cable service in that franchise area, but only if
the video programming services offered in that area are comparable to the video programming services
provided by the competing unaffiliated cable operator.6 This test is referred to as the "LEC" test.
'See 47 U.S.C. 543(l)(1)(D).
2 47 C.F.R. 76.905(b)(4).
3 47 C.F.R. 76.906.
SSee 47 U.S.C. 543(1); 47 C.F.R. 76.905.
SSee 47 C.F.R. 76.906-.907(b).
6 See 47 U.S.C. 543(1)(1XD).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/277/: accessed August 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.