FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,106
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4. The Commission has stated that the incumbent cable operator must show that the LEC
intends to build out its cable system within a reasonable period of time if it has not completed its build
out; that no regulatory, technical, or other impediments to household service exist; that the LEC is
marketing its services so that potential customers are aware that the LEC's services may be purchased;
that the LEC has actually begun to provide services; the extent of such services; the ease with which
service may be expanded; and the expected date for completion of construction in the franchise area.7 It
is undisputed that these Communities are served by both Petitioner and Competitor, a local exchange
carrier, and that these two MVPD providers are unaffiliated. The "comparable programming" element is
met if a competing MVPD provider offers at least 12 channels of video programming, including at least
one channel of nonbroadcast service programming' and is supported in this petition with copies of
channel lineups for Competitor.9 Finally, Petitioner has demonstrated that the Competitor has
commenced providing video programming service within the Communities, has marketed its services in a
manner that makes potential subscribers reasonably aware of its services, and otherwise satisfied the LEC
effective competition test consistent with the evidentiary requirements set forth in the Cable Reform
5. Based on the foregoing, we conclude that Petitioner has submitted sufficient evidence
demonstrating that its cable system serving the Communities has met the LEC test and is subject to
III. ORDERING CLAUSES
6. 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.
7. 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 Attachment A IS REVOKED.
8. 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 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 14 FCC Rcd 5296,
5305-06, 1 13-15 (1999) ("Cable Reform Order").
* See 47 C.F.R. 76.905(g). See also Petition at 6-7.
9 See Petition at Exh. D.
'0o See Cable Reform Order. 14 FCC Red at 5305-06, 13-15. See also Petition at 2-7.
" 47 C.F.R. 0.283.
Federal Communications Commission
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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/m1/278/: accessed April 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.