$/ FOR FCC RECORD ONLY /$

$// MO&O, Cable Act of 1992, DA 94-1391//$
$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554

In the Matter of:    )              DA 94-1391
              )
BROOKRIDGE CABLE SPECIAL PURPOSE    )
PARTNERSHIP II, PARENT COMPANY OF   )  
OF BROOKSHIRE CABLE TV, L.P.        )
              )
Petition for Reconsideration        )      
              )      
of the Certification of             )
Lackawannock Township, Pennsylvania,)
to Regulate Basic Cable Service Rates      )
(PA2870)      )      


                       MEMORANDUM OPINION AND ORDER

Adopted:  December 5,  1994          Released:  December 5, 1994

By the Chief, Cable Services Bureau:

I.     INTRODUCTION 
       
       1.     On December 6, 1993, Brookridge Cable Special Purpose Partnership II,
parent company of Brookshire Cable TV, L.P., ("Brookridge") filed a timely petition for
reconsideration challenging the certification of Lackawannock Township, Pennsylvania,
("Lackawannock") to regulate rates for basic cable service and associated equipment. 
Lackawannock did not file an opposition to Brookridge'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 which 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 franchise authority
has actual knowledge to the contrary.  Such 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 from the date such certification becomes
effective.  Regulation of rates is automatically stayed pending review of a timely filed
petition for reconsideration alleging effective competition.

II.    DISCUSSION

       3.     In its petition, Brookridge states that its system serving Lackawannock
Township, Pennsylvania, its franchise area, is subject to effective competition because the
system serves fewer than 30 per cent of the homes within its franchise area.  Specifically,
Brookridge states that it serves 507 subscribers in an area with 2,677 "homes" or only 19
percent of the total number of homes.  As support, Brookridge submits only a declaration
under penalty of perjury which states that it serves 507 subscribers in a township with 2,677
"homes" according to the 1990 Census.  

       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, exists in the franchise
area.  We find that Brookridge has failed to meet this burden.  Brookridge did not support
its effective competition claim with adequate documentation.  Brookridge's declaration under
penalty of perjury in this case was purely conclusory.  Although Brookridge's declaration
makes reference to the 1990 Census, it does not explain the specific housing data relied upon
to support Brookridge's effective competition claim.  Thus, it is unclear whether Brookridge
relied upon "household" data as required by our rules.  As Brookridge has failed to support
its effective competition claim with sufficient evidence, we will deny its petition. 
 
III.   ORDERING CLAUSES

       5.     According, IT IS ORDERED that the petition for reconsideration filed by
Brookshire Cable Special Purpose Partnership II, parent company of Brookshire Cable TV,
L.P., challenging the certification of Lackawannock Township, Pennsylvania, to regulate its
basic cable service 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 Brookshire Cable Special Purpose
Partnership II, parent company of Brookshire Cable TV, L.P., SHALL FILE the required
rate justifications on the appropriate forms with Lackawannock Township within 30 days
from the release date of this Memorandum Opinion and Order or 30 days from the date of
receipt of notice from Lackawannock Township, Pennsylvania, that it is regulating rates,
whichever is later.
 
       8      This action is taken pursuant to delegated authority under 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