$/  For FCC Record Only/$

$// Order,   Cable Act of 1992, certification, DA 94-1450//$
$/  600.623 Regulation of Rates/$
$/  76.905   Standards for Effective Competition/$
$/  76.906   Presumption of No Effective Competition/$
$/  76.910   Franchising Authority Certification/$
$/  76.911   Petition for Reconsideration/$

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


In the Matter of:                  )              DA 94-1450
                              )
STAR CABLE ASSOCIATES         )
                              )
Petition for Reconsideration            )
                              )
of the Certification of            )     
Milton Township, Ohio              )
to Regulate Basic Cable Rates      )
(OH2069)                      )


                       MEMORANDUM OPINION AND ORDER


Adopted:  December 12, 1994              Released:  December 13, 1994

By the Chief, Cable Services Bureau:

I.  INTRODUCTION

     1.   On December 8, 1993, Star Cable Associates ("Star Cable") filed a timely
petition for reconsideration challenging the certification of Milton Township, Ohio ("Milton
Township") to regulate rates for basic cable service and associated equipment.  Milton
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 Milton Township, its franchise
area.    Star Cable claims that it currently serves only 16 of the 966 households (that is,
occupied housing units) in its franchise area, or 1.6 percent of the total number of
households.  As supporting documentation, Star Cable provides 1990 Census data which
shows that there are 966 households in Milton Township.  Star Cable also submits a
computer print-out with sufficient subscriber information to support its claim that it serves 16
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 Milton
Township, its franchise area, serves 16 of the 966 households, or 1.6 percent of the
households, within its franchise area.  Thus, we find Star Cable's system serving Milton
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 Associates challenging the certification of Milton Township, Ohio to regulate
basic cable rates IS GRANTED.
     6.   IT IS FURTHER ORDERED that the certification of Milton Township, Ohio
to regulate Star Cable Associates' 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