Before the
                     FEDERAL COMMUNICATIONS COMMISSION           DA 94-1367
                          Washington, D.C. 20554


In the Matter of:                  )
                              )
STAR CABLE ASSOCIATES         )
                              )
Petition for Reconsideration            )
                              )
of the Certification of            )     
Hubbard Township, Ohio             )
to Regulate Basic Cable Rates      )
(OH1967)                      )


                       MEMORANDUM OPINION AND ORDER


Adopted:  November 30, 1994          Released:  December 1, 1994

By the Chief, Cable Services Bureau:

I.  INTRODUCTION

     1.   On January 7, 1994, Star Cable Associates ("Star Cable") filed a timely
petition for reconsideration challenging the certification of the Hubbard Township Board of
Trustees to regulate rates for basic cable service and associated equipment in Hubbard,
Ohio.  Hubbard Township 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
Hubbard Township, its franchise area.    Star Cable claims that it currently serves only 195
of the 2,388 households (that is, occupied housing units) in its franchise area, or 8 percent
of the total number of households.  As supporting documentation, Star Cable provides 1990
Census data which shows that there are 2,388 households in the unincorporated areas of
Hubbard Township.  Star Cable also submits a computer print-out with sufficient subscriber
information to support its claim that it serves 195 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 Hubbard
Township, its franchise area, serves 195 of the 2,388 households, or 8 percent of the
households, within its franchise area.  Thus, we find Star Cable's system serving Hubbard
Township 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 the Hubbard Township Board of Trustees to
regulate basic cable rates IS GRANTED.

     6.   IT IS FURTHER ORDERED that the certification of the Hubbard Township
Board of Trustees 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