FOR FCC RECORD ONLY
$// MO&O, Cable Act of 1992, DA 94-1371//$
$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION           DA 94-1371
                          Washington, D.C.  20554

In the Matter of:    )
              )
LARIBAY CABLEVISION                 )
              )
Petition for Reconsideration        )
              )
of the Certification of             )
Catahoula Parish Police Jury, Louisiana,   )
to Regulate Basic Cable Service Rates      )
(LA0390)                                   )       

                       MEMORANDUM OPINION AND ORDER

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

By the Chief, Cable Services Bureau:

I.     INTRODUCTION

       1.  On October 13, 1993, Laribay Cablevision ("Laribay") submitted a timely-filed
petition for reconsideration challenging the certification of Catahoula Parish Police Jury
("Catahoula") to regulate the system's rates for basic cable service and associated
equipment.  Catahoula did not file an opposition.

       2.  Section 623(a)(4) of the Communications Act, 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 the franchising authority has actual
knowledge to the contrary.  Certification becomes effective 30 days from the date of filing
unless the Commission finds that the authority does not meet the statutory certification
requirements.  Cable operators may file petitions for reconsideration of the franchising
authority's certification within 30 days of the effective date of such certification.  Rate
regulation is automatically stayed pending review of a timely-filed petition for reconsideration
alleging the presence of effective competition.

II.    DISCUSSION

       3.  Laribay alleges that its rates are exempt from regulation because its system has
fewer than 30 per cent of the households in the franchise area that subscribe to the cable
service of its cable system.  Laribay presents no specific facts or documentation to support 
this conclusory allegation.

       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 its
franchise area.  Based on the evidence, we find that Laribay has not met this burden.  
Specifically, Laribay does not indicate the number of households within its franchise area or
the number of households which subscribe to its cable service.  In addition, it does not
provide any documentation to support its claim.  Accordingly, it has failed to demonstrate
that effective competition exists and, therefore, we deny its petition.
       
III.   ORDERING CLAUSES

       5.  Accordingly, IT IS ORDERED that the petition for reconsideration filed by
Laribay Cablevision challenging the certification of Catahoula Parish Police Jury to regulate
Laribay's basic cable rates IS DENIED.

       6.  IT IS FURTHER ORDERED that the automatic stay imposed by Section
76.911(c) of the Commission's Rules, as amended,  47 C.F.R.  76.911(c) IS
TERMINATED.

       7.  IT IS FURTHER ORDERED that Laribay Cablevision SHALL FILE the
required rate justifications on the appropriate forms with Catahoula Parish Police Jury within
30 days of the release date of this Memorandum Opinion and Order or within 30 days of
receipt of notice from Catahoula Parish Police Jury that it is regulating rates, whichever is
later.
       
       8.  This action is taken pursuant to delegated authority pursuant to Section 0.321 of
the Commission's Rules, as amended, 47 C.F.R.  0.321.


              FEDERAL COMMUNICATIONS COMMISSION





              Meredith J. Jones
              Chief, Cable Services Bureau