FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,904

subscribers there. First, it objects that Comcast did not subject itself to extensive discovery." This
objection lacks merit, for ordinarily there is no discovery in effective competition proceedings." Second,
the City objects to the DBS subscriber number including courtesy and complimentary accounts. This
objection also lacks merit, because we have consistently allowed them to be counted. The existence of
free DBS service shows a cable operator that is subject to intense competition to serve such households.27
The City's third objection, to the possible inclusion of C-Band users among DBS subscribers, is also one
we have repeatedly rejected.28
9. The City's most complex objection to Comcast's estimate of DBS subscribers in Jackson
concerns the allocation percentage that Comcast used for Jackson's four partial zip codes. The City faults
MBC's allocation formula for assuming that DBS subscribership in Jackson and surrounding areas is
"uniform.""29 This assumption, the City argues, is belied by the relatively high DBS subscribership that
Comcast claims in Hinds County (58.4 percent) and the low DBS subscribership Comcast claims in the
seven zip codes that lie entirely within Jackson (14.35 percent).3 The City also claims that the allocation
percentage for one partial zip code (39209) should reflect the higher income (and, the City opines,
therefore the higher MVPD subscription) in the part of the zip code that lies outside Jackson and in the
fast-growing City of Clinton."
10. The City's analysis falls short in several ways. First, three of Jackson's four partial zip
codes are 92, 94, and 98 percent within Jackson, and the fourth is less than 2 percent within Jackson.
Only a dramatic reduction in the Jackson-allocated DBS subscribers in the first three and the total
elimination of the fourth would lower DBS subscribership in Jackson to 15 percent or less. For example,
a reduction of 25% in the DBS subscribers in the first three partial zip codes and the complete elimination
of the fourth one would still leave DBS subscribership in Jackson at 15.14%. The City provides no
support for such a reduction.' Second, there is no evidence in the record that MVPD subscribership rises
with income, much less enough to make the minuscule part of zip code 39209 that lies within Clinton
(less than 1 percent) contain an anomalously large number of DBS subscribers. The City's objections do
not credibly or significantly reduce Comcast's estimate of DBS subscribership in Jackson.
b. Conclusions
11. We find that Comcast 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 part of the competing provider test
is satisfied for each of the Attachment A Communities and Comcast has sustained its burden of proof that
it is subject to effective competition in the Communities listed on Attachment A.
2 Opposition at 7.
26 Cablevision of Rockland/Ramapo, Inc., 22 FCC Rcd 11487, 1 1496-97, 24 (2007); Charter Commun.
Entertainment II, LLC, 22 FCC Rcd 703, 705, 5 (2007); Time Warner Entertainment-Advance/Newhouse
Partnership, 20 FCC Rcd 15709, 15711, 5 (2005).
27 Comcast (able Comnmun., LLC, 25 FCC Rcd 4967, 4972, 17 (2010); Bright House Networks. LLC, 22 FCC Red
4390, 4394, 11 (2007); Adelphia Cable Commun., 20 FCC Red 20536, 20540, 13 (2005).
2 See, e.g., Comncast Cable Commun., LLC, 22 FCC Rcd 1691, 1697, t 15(2007); Century-TCI California, LP., 18
FCC Rcd 7049, 7052. 8 (2003).
29 Opposition at 4.
30 Id .
3' Id at 5-6.
32 Reply at 2.


Federal Communications Commission

DA 11-557

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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/m1/76/ocr/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.