WPC/Q 2BEJ Z Courier Y-#XR  P7jQXP#HP LaserJet 4Si PS; Rm. 804_2; lpt3HPLA4SPO.PRSx  @hhhh {X@2K 6%FL3|oCourierTimes RomanTimes Roman BoldR  P7jQ=9XP#CourierTimes Roman1 lpt2HPLA4SAD.PRSx  @\L JX@"S^2CRddCCCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lC2CC!CCCCCCCCCCd8YYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddodYYYYYYdzYzYzYzYdddddddCdCdCCCdNCdz8zCzCzCz8dddddCCCoNoNoNoNzCzCzCdddddzYzYNF2[dCYddddd7>d<d<$YYdCCddooCYkCourierTimes RomanTimes Roman BoldTimes Roman Italic7oC2o\  PCXP7tC2t4  p(ACX@N:'p4  p(ACOYOu=uuN?NWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNTT|uOuuuuuuFOuFOuFOOuuuPPuu鏱T錌TƒOuuF"u錊~u匌ua8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  2EkKv[ta5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# 2w   [a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# 2E 9 ua4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# 2wPP a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . 2[`a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   2"O  3[!a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)Documentg22("e&)''PleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:d<d<+oodCCddddCo - Discussion x3. 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,""0*0*0*V""  X-because it serves fewer than 30 percent of the households (i.e., occupied housing units)zNF Xy-ԍ #Xw PE37XP#As the Commission has noted, "we presume that Congress did not intend 'households'  Xb-to have a different meaning than in the 1990 Census that would include vacant units." Third Order on Reconsideration, in MM Docket Nos. 92266 and 92262, 9 FCC Rcd 4316, 4324  X4-(1994) (Third Order on Reconsideration). The term "household" is defined by the Census  X-Bureau to include only occupied housing units. See Bureau of the Census, Dept. of Commerce, 1990 Census of Population, CP11B, Appendix B at B8.   within its franchise area, the unincorporated areas of Carroll County, which includes the  X-unincorporated areas of Villa Rica._ NF Xa -ԍ #Xw PE37XP#The Communications Act of 1934, as amended (Communications Act of 1934  623 (a)(2), 47 U.S.C.  543 (a)(2)) and the Commission's Rules (47 C.F.R.  76.905 (a)) provide that only rates of cable systems that are not subject to effective competition may be regulated. One of the bases on which a cable system is deemed subject to effective competition is if fewer than 30 percent of the households in the system's franchise area subscribe to the system's cable service. Communications Act of 1934  623 (L)(1)(A), 47 U.S.C.  543 (L)(1)(A); 47 C.F.R.  76.905(b)(1). 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 printout 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. x4. In the absence of a demonstration to the contrary, cable systems are presumed not  X -to be subject to effective competition.f 1NF X-ԍ #Xw PE37XP#47 C.F.R.  76.906.f The cable operator bears the burden of rebutting the presumption that effective competition does not exist with evidence that effective competition,  X-as defined by Section 76.905 of the Commission's Rules, is present within its franchise area.wNF X% -ԍ #Xw PE37XP#Cf. 47 C.F.R.  76.911(b)(1) .w Operator has met this burden. Operator appropriately relied on data reflecting the number of  Xd-households as required by our rules.dNF X#-ԍ #Xw PE37XP#See Third Order on Reconsideration, supra. 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."H0*0*0*"Ԍ  X- Conclusions   X-  x5. 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. x x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam Johnson x` `  hhActing Chief, Cable Services Bureau  ` `