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$//Scripps Howard Cable Company, Uninc. Villa Rica, GA, MO&O, DA 95-1831//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$            

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                               DA 95-1831

In the Matter of)     
     )     
Scripps Howard Cable Company     )  CUID No. GA0671 (Unincorporated Villa Rica) 
                )
     )     
Order Denying Jurisdiction       )


                       MEMORANDUM OPINION AND ORDER

     Adopted:  August  24, 1995                   Released:  August  24, 1995 
             
By the Acting Chief, Cable Services Bureau:

     1.  In this Order we dismiss a complaint against the price that the above-captioned
operator ("Operator") was charging for its cable programming service ("CPS") tier in the
unincorporated areas of Villa Rica, Georgia.  Operator requested that the Commission 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.  Operator did not
file a rate justification as required by the Commission's Rules.

     2.  The complaint regarding Operator's CPS rate for the unincorporated areas of Villa
Rica was filed with the Commission on November 1, 1993.  In response, Operator filed 
letters on May 22, 1995 and August 3, 1995 requesting the Commission to dismiss the
complaint. 

Discussion

     3.  In its letters, Operator 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 unincorporated areas of Carroll County, which includes the
unincorporated areas of Villa Rica.  Specifically, Operator claims that in October 1993, it
served a total of 1784 subscribers, or 11.7 percent of the 15,220 households in the
unincorporated areas of Carroll County, Georgia.  As supporting documentation, Operator
submits a copy of the relevant 1990 Census data which shows that there are 15,220
households in the unincorporated areas of Carroll County.  In addition, Operator provides a
computer print-out as of October 1993 with sufficient subscriber information to support its
claim that it served 1784 households in the franchise area.  Further, Operator provides a copy
of the franchise from Carroll County.  

     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. 
Operator has met this burden.  Operator appropriately relied on data reflecting the number of
households as required by our rules.  Relying on this data, Operator submitted sufficient
evidence demonstrating that, at the time the CPS complaint was filed, its cable system served
1784 of the 15,220 households, or 11.7 percent of the households, within the unincorporated
areas of Carroll County.  Thus, we find that Operator's system serving the unincorporated
areas of Carroll County is subject to effective competition, and we will therefore dismiss the
complaint filed against the CPS rate in the unincorporated areas of Villa Rica, Georgia, CUID
No. GA0671.


Conclusions

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaint against Operator's cable programming service
price charged in the unincorporated areas of Villa Rica, Georgia, CUID No. GA0671, IS
DISMISSED.

     


                         FEDERAL COMMUNICATIONS COMMISSION




                         William Johnson
                         Acting Chief, Cable Services Bureau