FOR FCC RECORD ONLY
$// MO&O, Cable Act of 1992, DA 94-1331//$
$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION           DA 94-1331
                          Washington, D.C. 20554


In the Matter of:                  )
                              )
STAR CABLE ASSOCIATES         )
                              )
Petition for Reconsideration            )
                              )
of the Certification of            )     
St. Martin Parish, Louisiana       )
to Regulate Basic Cable Rates      )
(LA0551)                      )


                       MEMORANDUM OPINION AND ORDER


Adopted:  November 28, 1994                  Released:  November 29, 1994

By the Chief, Cable Services Bureau:

I.  INTRODUCTION

     1.   On December 13, 1993, Star Cable Associates ("Star Cable") filed a timely
petition for reconsideration challenging the certification of St. Martin Parish Police Jury to
regulate rates for basic cable service and associated equipment in St. Martin Parish,
Louisiana.  St. Martin Parish did not file an opposition to Star Cable's petition.
                                     
     2.   Section 623(a)(4) of the Communications Act of 1934, as amended, allows
franchising authorities to become certified to regulate basic cable service rates of cable
operators that are not subject to effective competition.  For purposes of the initial request
for certification, local franchising authorities may rely on a presumption that cable operators
within their jurisdiction are not subject to effective competition, unless they have actual
knowledge to the contrary.  Certification becomes effective 30 days from the date of filing
unless the Commission finds that the franchising authority does not meet the statutory
certification requirements.  Cable operators may file petitions for reconsideration of the
franchising authority's certification within 30 days from the date such certification becomes
effective.  Rate regulation is automatically stayed pending review of a timely-filed petition
for reconsideration alleging the presence of effective competition.

II.  DISCUSSION

     3.   Star Cable argues that its cable system is subject to effective competition
because it serves fewer than 30 percent of the households in the unincorporated areas of St.
Martin Parish, its franchise area.    Star Cable claims that it currently serves only 83 of the
9,256 households (that is, occupied housing units) in its franchise area, or less than one
percent of the total number of households.  As supporting documentation, Star Cable
provides 1990 Census data which shows that there are 9,256 households in the
unincorporated areas of St. Martin Parish.  Star Cable also submits a computer print-out with
sufficient subscriber information to support its claim that it serves 83 households in the
franchise area.  Finally, Star Cable provides an affidavit by a responsible official certifying
the accuracy of the data included in the petition.

     4.   In the absence of a demonstration to the contrary, cable systems are presumed
not to be subject to effective competition.  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 the
franchise area.  Star Cable has met this burden.  Star Cable appropriately relied on data
reflecting the number of households as required by our rules.  Relying on this data, Star
Cable has submitted sufficient evidence demonstrating that its cable system serving St.
Martin Parish, its franchise area, serves 83 of the 9,256 households, or less than one percent
of the households, within its franchise area.  Thus, we find Star Cable's system serving St.
Martin Parish is subject to effective competition.  Accordingly, its petition is granted.

III.  ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED that the petition for reconsideration filed by
Star Cable challenging the certification of St. Martin Parish Police Jury to regulate basic
cable rates IS GRANTED.
     6.   IT IS FURTHER ORDERED that the certification of St. Martin Parish
Police Jury to regulate Star Cable's basic cable rates IS RESCINDED.

     7.   This action is taken pursuant to delegated authority pursuant to Section 0.321
of the Commission's rules, 47 C.F.R.  0.321.


     
                         FEDERAL COMMUNICATIONS COMMISSION




                         Meredith J. Jones
                         Chief, Cable Services Bureau