$/ FOR FCC RECORD ONLY /$
$// MO&O, Cable Act of 1992, DA 94-1523//$

$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554

In the Matter of:    )              DA 94-1523
              )
CABLE TV OF GEORGIA LIMITED         )
PARTNERSHIP   )      
              )
Petition for Reconsideration        )
              )  
of the Certification of             )
Lumpkin County, Georgia,                   )              
to Regulate Basic Cable Service Rates      )
(GA0603)      )

                       MEMORANDUM OPINION AND ORDER

Adopted:  December 19, 1994                Released:  December 19, 1994

By the Chief, Cable Services Bureau:

I.     INTRODUCTION

       1.     On November 1, 1993, Cable TV of Georgia Limited, ("Cable TV of
Georgia") filed a timely petition for reconsideration challenging the certification of Lumpkin
County, Georgia, ("Lumpkin") to regulate rates for basic cable service and associated
equipment.  Lumpkin did not file an opposition to Cable TV of Georgia'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.     Cable TV of Georgia argues that its system serving unincorporated Lumpkin
County (excluding the incorporated municipality of Dahlonega), its franchise area, is subject
to effective competition because the system serves fewer than 30 percent of the households
within the franchise area.  Cable TV of Georgia states that it serves 1,043 subscribers of the
4,839 "households" in the franchise area or 21.55 percent of the total
number of "households" in the franchise area.  As supporting documentation, Cable TV of
Georgia submits a copy of the  Bureau of the Census, 1990 Census of Population and
Housing Report, CH-1-12, for Lumpkin County and the municipality of Dahlonega.  In
addition, Cable TV of Georgia provides a "Weekly Subscriber Activity Report" as of
October 26, 1993, which indicates that it serves 1,043 subscribers.  

       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 96.905 of the Commission's rules, is present within the
franchise area.  Based on all of the evidence presented, we find that Cable TV of Georgia
has met this burden.

       5.       Initially, we note that Cable TV of Georgia based its arguments on incorrect
housing data.  Cable TV of Georgia's bases its effective competition on "housing units"
(occupied and vacant) data.  Our rules, however, require the use of data reflecting the
number of "households" (i.e., occupied housing units) in the franchise area.   See Third
Order on Reconsideration, MM Docket Nos. 92-266 and 92-262, 9 FCC Rcd 4316, 4324
(1994) ("Third Recon. Order").  Nonetheless, Cable TV of Georgia's supporting
documentation includes 1990 occupied housing unit Census data.  By subtracting the number
of occupied housing units for the City of Dahlonega from the total number of housing units
for Lumpkin County, it appears that there are 4,199 occupied housing units (or households)
in the franchise area.  Thus, it appears that Cable TV of Georgia has a penetration of level
of 24.8%.  Accordingly, its petition is granted.
 
III.          ORDERING CLAUSES

       5.     Accordingly, IT IS ORDERED that the petition for reconsideration filed by
Cable TV of Georgia Limited Partnership, challenging the certification of Lumpkin County,
Georgia, to regulate its basic cable service IS GRANTED.
       6.     IT IS FURTHER ORDERED that the certification granted to Lumpkin 
County, Georgia, to regulate Cable TV of Georgia Limited Partnership's basic cable rates IS
RESCINDED.

       7.     This action is taken pursuant to delegated authority, Section 0.321 of the
Commission's Rules, 47 CFR  0.321. 

              FEDERAL COMMUNICATIONS COMMISSION




              Meredith J. Jones
                                         Chief, Cable Services Bureau