$/ FOR FCC RECORD ONLY /$

$// MO&O, Cable Act of 1992, DA 95-30//$
$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$

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

In the Matter of:    )              DA 95-30
              )
RIGEL CSSF JOINT VENTURE            )
              )      
Petition for Revocation             )      
              )
of the Certification of             )
the City of Port Wentworth, Georgia,)
to Regulate Basic Cable Service Rates      )
(GA0736)      )
       
                       MEMORANDUM OPINION AND ORDER

Adopted:  January 10, 1995           Released:  January 11, 1995  
  

By the Chief, Cable Services Bureau:
       
II.    INTRODUCTION  

       1.     Rigel CSSF Joint Venture, ("Rigel") filed a
petition for revocation challenging
the certification of the City of Port Wentworth, Georgia, ("the
City") to regulate rates for
basic cable service and associated equipment.  The City filed a
response, indicating that they
did not desire to challenge Rigel's petition at this time. 
 
       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 of the date
such certification becomes
effective.  However, regardless of its grounds, a petition for
revocation does not
automatically trigger a stay of the franchising authority's power
to regulate basic rates. 
 
II.    DISCUSSION

       3.     Rigel argues that its cable system is subject to
effective competition because
the system serves fewer than 30 percent of the "homes" in the
City of Port Wentworth, its
franchise area.  Rigel claims that it serves only 179 of the
1,370 "homes" in its franchise
area or 13 percent of the total number of "homes".  As support,
Rigel submits a declaration
under penalty of perjury from a responsible company official who,
relying on a specific cite
in the 1990 Census,  states that there are 1,370 "homes" in the
City.  In addition, the
declaration states that the cable system serves 179 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 76.905 of the Commission's
rules, is present within its
franchise area.  Based on all of the evidence before us, we find
that Rigel has met this
burden.

       5.     Contrary to Rigel's assertion, the Census data it
cites does not indicate that
there are 1,370 "homes" in the franchise area.  Rather it
indicates that there are 1,647
housing units and 1,500 occupied housing units in Port Wentworth. 
Our rules require the
use of data reflecting the number of households in the franchise
area.  See Third Order on
Reconsideration, MM Docket Nos. 92-266 and 92-262, 9 FCC Rcd
4316, 4324 (1994). 
Relying on the data for occupied housing units, a comparison of
the number of subscribers
Rigel claims to have (179) in relation to the number of occupied
housing units yields a
penetration level of 11.9 percent.  Thus, we find that Rigel's
cable system serving Port
Wentworth, Georgia is subject to effective competition. 
Accordingly, its petition is granted.

       III.   ORDERING CLAUSES

       6.     Accordingly, IT IS ORDERED that the petition for
revocation filed by Rigel
CSSF Joint Venture, challenging the certification of Port
Wentworth, Georgia, to regulate
Insight's basic cable rates IS GRANTED.

       7.     IT IS FURTHER ORDERED that the certification filed
by Port Wentworth,
Georgia, to regulate Rigel CSSF Joint Venture's basic cable rates
IS RESCINDED.

       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