FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,202
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Time Warner Cable Inc. ) CSR 8391-E, CSR 8392-E, CSR 8393-E,
) CSR 8394-E, CSR 8395-E, CSR 8396-E &
Petitions for Determination of Effective ) CSR 8397-E
Competition in Various Ohio and Michigan )
MEMORANDUM OPINION AND ORDER
Adopted: April 8, 2011 Released: April 8, 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
petitions pursuant to Sections 76.7, 76.905(b)(1) 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 "Communities." Petitioner alleges that its cable system serving the Communities is subject to
effective competition pursuant to Section 623(I)(XI)(A) of the Communications Act of 1934, as amended
("Communications Act")' and the Commission's implementing rules,2 and is therefore exempt from cable rate
regulation in the Communities because Petitioner serves fewer than 30 percent of the households in the franchise
areas. The petitions are unopposed.
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.' 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 petitions based on our finding that Petitioner is
subject to effective competition in the Communities listed on Attachment A.
3. Section 623(X)(1)(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.6 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 franchise areas.
'See 47 U.S.C. 543(l)(1)(A).
2 47 C.F.R. 76.905(b)(1).
S47 C.F.R. 76.906.
4 See 47 U.S.C. 543(1); 47 C.F.R. 76.905.
SSee 47 C.F.R. 76.906. -.907(b).
6 47 U.S.C. 543(1)(1)(A).
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/m1/374/: accessed February 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.