FOR FCC RECORD ONLY
$// MO&O, Cable Act of 1992, DA 94-1528//$
$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION           DA 94-1528
                          Washington, D.C.  20554

In the Matter of:                    )
                                     )
TELE-MEDIA COMPANY OF                )
SOUTHEAST FLORIDA, INC.              )
                                     )
Petition for Reconsideration         )
                                     )
of the Certification of              )
City of Miramar, FL                  )
to Regulate Basic Cable Service Rates)
(FL1143)                             )

                       MEMORANDUM OPINION AND ORDER

Adopted:  December 16, 1994             Released:  December 20, 1994

By the Chief, Cable Services Bureau:

I.   INTRODUCTION

     1.   On December 6, 1993, Tele-Media Company of Southeast Florida, Inc.
("Tele-Media") filed a timely petition for reconsideration challenging the certification of the
City of Miramar, Florida ("the City") to regulate rates for basic cable service and associated
equipment.  The City did not file an opposition.

     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.   Tele-Media argues that its cable system is subject to effective competition
because it serves fewer than 30 percent of the households in the City of Miramar, its
franchise area.  Specifically, Tele-Media states that it serves 267 of the 1,250 "households"
within the City or 21.4 percent of the total number of "households" within the franchise area. 
Tele-Media asserts that it derived its household data from local census information and
marketing data, but does not provide copies of the documentation relied upon or a citation to
a verifiable reference source.  Moreover, Tele-Media does not indicate how it is using the
word "households."  Pursuant to our rules, households refers to occupied housing units.  As
supporting documentation, Tele-Media submits a declaration under penalty of perjury from a
responsible official certifying the accuracy of the data in the petition.  However, such a
declaration with regard to information not within the personal knowledge or purview of the
declaring party is not, standing alone, sufficient.

     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.  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 (i.e., occupied housing units) in the franchise area. 
Although Tele-Media's petition makes an assertion concerning the number of households in
the franchise area, it does not submit sufficient information upon which to determine that its
effective competition claim is based on the appropriate factual information required by our
rules.  Accordingly, Tele-Media's petition is denied.

III. ORDERING CLAUSES

     5    Accordingly, IT IS ORDERED that the petition for reconsideration filed by
Tele-Media of Southeast Florida, Inc. challenging the certification of the City of Miramar,
FL to regulate 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 Tele-Media of Southeast Florida, Inc.
SHALL FILE the required rate justifications on the applicable forms with the City of
Miramar, FL within thirty (30) days of the release date of this Memorandum Opinion and
Order or within thirty (30) days of receipt of notice from the City of Miramar that it is
regulating Tele-Media's rates, whichever is later.

8.   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