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              FEDERAL COMMUNICATIONS COMMISSION
                           WASHINGTON, DC 20554
                         July 10, 1995                      
                                                         IN REPLY REFER TO:
                                                            CSR-4086-E
                                                  Released:  July 11, 1995
Mr. Arthur H. Harding
Fleischman and Walsh
1400 Sixteenth Street, N.W.                            DA 95-1547
Suite 600
Washington, DC 20036

Mr. Dan Crisp
President and COO
Valley Wireless
5610 District Boulevard, #101
Bakersfield, CA  93313-2178

Re:  Time Warner v. Valley Wireless (CSR-4086-E) 

Dear Mr. Harding and Mr. Crisp:

     This letter is in reference to the complaint filed on September 16, 1993 by Time
Warner Cable, a division of Time Warner Entertainment Company, L.P. ("Time Warner")
against Valley Wireless TV ("Valley"), a wireless operator, alleging that Valley has failed to
provide information necessary for Time Warner to properly assess whether it is subject to
effective competition, as defined by the Communications Act of 1934 and the Commission's
rules, in the city of Bakersfield and in Kern County, California.

     Review of the pleadings before us shows that Valley has provided Time Warner with
certain information as to the reach and penetration of its system.  Specifically, in its June 4,
1993 letter to Time Warner, Valley states that, with respect to Bakersfield "it would be safe
to conclude that as of this date [its] service is technically and actually available to over 50%
of the franchise area, presently being served by your organization in the City of Bakersfield,
and that [its] subscriber base represents less than 15% of the homes within the City of
Bakersfield, presently being served by Time-Warner and or Cox Cable."  Similarly, with
respect to Kern County, Valley stated that "[its] service is technically and actually available
to over 50% of the franchise area, presently being served by your organization, and that our
subscriber base represents less than 15% of the homes within your county franchise area." 
Further, Valley provided certain additional information in its August 25, 1993 letter to Time
Warner.  Time Warner's  Reply argues that these numbers are vague and incomplete.  

     Pursuant to Section 76.911(b)(2) of the Commission's rules, cable television system
operators are permitted, if the information is not otherwise available, to request certain
information from competing service providers in order to establish the presence of effective
competition.  Here, based on the unique circumstances of this case, including not only that
some information has been provided, but in particular the absence of any information that the
presence or absence of competition is significantly in issue or that additional refinement of
the data provided would be of decisional consequence with respect to the matters referenced
in Section 76.911(a)(1), we conclude that Valley's response is not unreasonable and complies
with the Commission's rules.

     Should you have any questions regarding this matter, please contact Steve Broeckaert
at (202) 416-0974.

                         Sincerely,



                         Meredith J. Jones   
                         Chief,    Cable Services Bureau