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FOR FCC RECORD ONLY
$//Star Cable Associates, L.P., MO&O, DA 95-1638//$
$76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rat              es/$


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


                                                       DA 95-1638

In the Matter of                     )
                                     )
Star Cable Associates                )  CUID No. OH2082 (Nelson, OH)
                                     )  
Complaint Regarding Cable            )
Programming Service Rate             )


                       MEMORANDUM OPINION AND ORDER

     Adopted:  July 24, 1995                 Released:  August 1, 1995

By the Chief, Cable Services Bureau:

Introduction

     1.  Here we consider a complaint about the price Star Cable Associates ("Star Cable")
was charging for its cable programming service ("CPS") tier in the Township of Nelson,
Ohio.  Star Cable filed a motion to dismiss the complaint arguing that it is subject to
effective competition and thus its cable programming service rate is not subject to regulation
by the Commission.  Star Cable did not file a rate justification as required by the
Commission's Rules.

     2.  The complaint regarding Star Cable's CPS rate for the Township of Nelson was
filed with the Commission on September 27, 1993.  In response to the complaint, Star Cable
filed a motion to dismiss on November 17, 1993. 

Discussion

     3.  In its motion to dismiss, Star Cable asserts that its cable system is subject to
effective competition, and therefore its cable programming service rate is not subject to rate
regulation, because it serves fewer than 30 percent of the households (i.e., occupied housing
units) within its franchise area, the Township of Nelson.  Specifically, Star Cable claims
that in October 1993, it served a total of 259 subscribers, or 27 percent of the 942
households in the Township of Nelson.  As supporting documentation, Star Cable submits a
copy of the relevant 1990 Census data which shows that there are 942 households in the
Township of Nelson.  In addition, Star Cable provides a computer print-out as of October
1993 with sufficient subscriber information to support its claim that it served 259 households
in the franchise area.  Finally, Star Cable includes an affidavit by a responsible official
certifying the accuracy of the data presented in the motion.

     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.  Star Cable has met this burden.  Star Cable appropriately relied on data
reflecting the number of households as required by our rules.  Relying on this data, Star
Cable submitted sufficient evidence demonstrating that, at the time the CPS complaint was
filed, its cable system served 259 of the 942 households, or 27 percent of the households,
within the Township of Nelson.  Thus, we find that Star Cable's system serving the
Township of Nelson is subject to effective competition, and we will therefore grant the
motion to dismiss the complaint filed against the CPS rate in that franchise area.


Conclusions

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the motion of Star Cable Associates to dismiss the complaint
against its cable programming service price charged in Nelson, Ohio, CUID No. OH2082, IS
GRANTED.

     6.  IT IS FURTHER ORDERED that the complaint against the cable programming
service price charged by Star Cable Associates in Nelson, Ohio, CUID No. OH2082, IS
DISMISSED.


                         FEDERAL COMMUNICATIONS COMMISSION




                         Meredith J. Jones
                         Chief, Cable Services Bureau