FOR FCC RECORD ONLY

$// MO&O, Cable Act of 1992, DA 94-1456//$
$/ 300.623 Regulation of rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$

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

In the Matter of:                       )              DA 94-1456 
                                        )
TELE-MEDIA COMPANY OF                   )
     SOUTHWEST LOUISIANA                )
                                   )
Petition for Reconsideration                 )
                                        )
of Certification of                     )
Calcasieu Parish, LA (LA0252)           )
to Regulate Basic Cable Service Rates   )

                       MEMORANDUM OPINION AND ORDER

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

By the Chief, Cable Services Bureau:

I.   INTRODUCTION

     1.   On February 3, 1994, Tele-Media Company of Southwest Louisiana ("Tele-
Media") filed a petition challenging the certification of Calcasieu Parish ("Calcasieu") to
regulate rates for basic cable service and associated equipment.  Calcasieu did not file an
opposition to Tele-Media'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 franchising
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 of the date such certification
becomes effective.  Once the period for filing a petition for reconsideration has elapsed, a
cable operator may challenge a franchising authority's certification by filing a petition for
revocation.  Regardless of its grounds, however, a petition for revocation does not
automatically trigger a stay of a franchising authority's power to regulate basic cable service
rates.  

II.  DISCUSSION

     3.   Tele-Media states that its system serving Calcasieu is subject to effective
competition because the system serves fewer than 30 percent of the households within
"certain areas of Calcasieu Parish," its franchise area.  Specifically, Tele-Media states that it
serves 586 of the "no less than 20,000 households" in its franchise area, or approximately
three percent of the total number of households "based upon local census information." 
Tele-Media submits a declaration under penalty of perjury from a responsible company
official attesting to the accuracy of the facts alleged.  Tele-Media's petition does not include
sufficient information which clearly demonstrates that Tele-Media has relied on household
data as that term is used for purposes of effective competition.  For instance, the petition
does not include a copy of the relevant tables or pages from the census data or even a
citation to the relevant pages or tables within the 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, is present within its
franchise area.  We find that Tele-Media has failed to meet this burden.  Tele-Media did
not support its effective competition claim with adequate documentation.  Our rules require
the use of data reflecting the number of "households" in the franchise area.  Although Tele-
Media's petition makes an assertion about a particular number, it does not submit sufficient
information upon which to determine that its effective competition claim is based on the
precise factual information required.  Accordingly, Tele-Media's petition is denied.

III. ORDERING CLAUSES

     5.   Accordingly, IT IS SO ORDERED that the petition for revocation filed by 
challenging the certification of Calcasieu Parish to regulate Tele-Media's basic cable rates IS
DENIED.

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

     

                    FEDERAL COMMUNICATIONS COMMISSION




                    Meredith J. Jones
                    Chief, Cable Services Bureau