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Century thus maintains that its Toa Alta cable system meets the low penetration effective competition test.  S- ` 2x8.` ` In opposition, the Board does not oppose Century's petition with respect to its Toa Alta  x[cable system. With regard to Century's San Juan system, the Board asserts that Century's calculation of  xcurrent households based upon its Puerto Rico household growth rate factor is designed to hide the fact  xthat Century's penetration rate for its San Juan cable system exceeds 30 percent of 1990 Census household  xdata. The Board argues that Century's methodology is unreliable because Century developed its 15.69  xjpercent household growth rate factor based upon flawed assumptions. The Board asserts that Century's  xmethodology employs stale data from the period 19801990 and that Century's calculations are skewed  xLbecause the 19801990 period was one of relative prosperity for the San Juan franchise area. The Board  xzfurther argues that Century uses population growth figures for Puerto Rico as a whole rather than the individual communities served by Century's San Juan cable system.  S- ` x9.` ` The Board asserts that its own methodology has several advantages over the method  xzemployed by Century. The Board states that its method uses the most recent data available from the  x=Census Bureau, that it reflects changes in population growth on an individual community basis, and that  xzit is based upon the average household population density of each community which accounts for the blend of housing units among apartments and single family homes.  S- ` `x10.` ` The Board states that in the San Juan franchise area, 1990 Census data show that there  S- x/were 317,582 householdsEXm yO-ԍConsolidated Opposition at 7.E and that Century's current subscriber rolls indicate that it serves 107,447  xhouseholds. Those figures result in a 33.83 percent penetration rate for Century's system serving the San  xJuan franchise area. Additionally, the Board provides updated household data more current than the 1990  xCensus data by using the Census Bureau's 1996 population estimates for each community in the San Juan  xfranchise area and dividing each estimate by the populationperhousehold figure for that community. The  xBoard calculated the populationperhousehold figures by using 1990 Census data and dividing the  S- xpopulation in each community by the number of households in that community.?m {O`!-ԍId. at Exhibit 1.? For instance, the Board  S- xstates that in the community of San Juan the Census Bureau's 1996 population estimate is 433,705.@zm yO#-ԍOpposition at Exhibit 1.@ The  xBoard, in order to calculate the number of households, divided the 1996 population estimate (433,705)  xby the populationperhousehold figure for that community (2.91) for a total of 149,040 households. The  xyBoard made the same calculations for each community served by Century's San Juan system. The Board"8 ,`(`(88 "  xLestimates that the San Juan franchise area currently contains a total of 330,395 households which results in an updated penetration rate of 32.52%.  S- ` x11.` ` In reply, Century maintains that it has demonstrated that its San Juan system is subject  xto low penetration effective competition and that the Board's methodology is flawed. Century points out  x<that the Commission has stated that, where a local franchising authority submits alternative household data,  xit would accept the operator's estimates if they are more accurate and reliable than those submitted by the  S- xfranchising authority.m {OP-ԍReply at 3 citing TCI Cablevision, Inc., 10 FCC Rcd 2925 (1995) ("TCI"). Century argues that its household estimates are more accurate and reliable because  x/the Board's 1990 calculations compare current subscribership data with 1990 housing data. Century  xfurther argues that the Board's 1996 updated household calculations are based solely on the rate of  xpopulation growth when there is no basis to assume that population and the number of occupied housing  xunits increase at the same rate. Century further argues that the Board's allegation that Century ignores  xlthe impact of differences in economic conditions between 19801990 and the period 19901996 is  xLunsubstantiated and insufficient to rebut Century's reasonable, historicallybased assumptions about the rate of household growth in the San Juan franchise area. T  S - IV.x DISCUSSION  S0- ` x12.` ` We grant Century's request with respect to its Toa Alta system, which is unopposed by  S- xthe Board, and we deny Century's request with respect to its San Juan system.{Zm yO-ԍCentury's Toa Alta system serves the communities of Toa Alta, Toa Baja, and Catano.{ The Board agrees that  x.Century's penetration rate for its Toa Alta system easily satisfies the low penetration test. With regard  xto Century's San Juan system, Century and the Board each submitted data more current than 1990 Census  xMdata in an attempt to show the total number of households in the franchise area. We have stated that  x"where both the cable operator and the franchising authority submit household numbers more current than  xthe most recent available census data, it is the cable operator's burden to demonstrate that its more current  xhousehold numbers are more accurate and reliable than the household numbers submitted by the  S-franchising authority."Fm {Oz-ԍTCI, 10 FCC Rcd at 2927.F  S- ` _x13.` ` The Board's calculation of Century's 1990 penetration rate by using 1990 Census data and  xCentury's current subscriber number is an acceptable method of determining a cable operator's current  SP- xpenetration rate.&P|m {Ol - xԍSee Upper Peninsula Communications, Inc., 11 FCC Rcd 2970 (1996), see also Implementation of Sections  {O6!- x;of the Cable Television Consumer Protection and Competition Act of 1992, Third Order on Reconsideration, 9 FCC  xRcd 4316, 4324 (we presume that Congress did not intend "households" to have a different meaning than in the 1990  {O"-Census).  Updated household data, however, can more closely determine actual penetration rates.  xBoth Century and the Board made calculations to update the data. The difference between the Board's  xKmethodology and the methodology used by Century centers on Century's use of older population data from  xthe period 19801990 for all of Puerto Rico which it then used to calculate a household growth rate factor  xfor the communities. The Board utilizes 1996 Census population estimates for each community in the San  xJuan franchise area and the community's populationperhousehold figure derived from 1990 Census data"j ,`(`(88"  xto update household data for the communities. Century states that data from the period 19801990 are  xLactual historical data but fails to demonstrate why such data are more accurate than the Board's updating  xof household data from the period 19901996. Century also fails to explain why its household growth rate  x!factor, which is based upon the population growth rate of Puerto Rico as a whole rather than the  xpopulation growth rate of the communities at issue, is more accurate and reliable than the household  xnumbers submitted by the Board. The Board's use of population and household data for each community  xand of a populationperhousehold figure derived from 1990 Census data seems to be a more reasonable  xapproach. Thus we are not convinced that the current household data submitted by Century are more accurate and reliable than the alternative data submitted by the Board.  Sp- ` x14.` ` Since we are unable to conclude that Century's household data are more accurate than the  x!alternative data submitted by the Board, we will rely on the Board's household data to determine  xCentury's penetration rate in the San Juan franchise area. The Board has prepared two sets of data. Both  xshow that Century serves more than 30 percent of the households in the franchise area. Based upon 1990  xCensus data, the San Juan franchise area contained 317,582 households and Century serves 107,447  xsubscribers in that franchise area, resulting in a penetration rate of 33.83 percent. Based upon updated  xfigures, the San Juan franchise area contains 330,395 households as of 1996 and, using Century's 107,447  xsubscribers, we find that Century's San Juan system serves 32.52 percent of the households in the  xfranchise area at issue. Accordingly, we find that Century's San Juan system is not subject to low penetration effective competition and we deny its petition.  S- V. x ORDERING CLAUSES  Sh- ` x15.` ` Accordingly, IT IS ORDERED that the petition for reconsideration filed by Century  xyM.L. Cable Corporation and Century M.L. Cable Venture challenging the certification of the Puerto Rico  S- xTelecommunications Regulatory Board to regulate basic cable rates IS GRANTED with respect to the Toa Alta cable system serving the communities of Catano, Toa Alta, and Toa Baja.  S- ` 4x16.` ` IT IS FURTHER ORDERED that the certification granted to the Puerto Rico  xTelecommunications Regulatory Board to regulate Century's basic cable rates in the Toa Alta franchise  SP-area IS REVOKED .  S- ` ox17.` ` IT IS FURTHER ORDERED that the petition for reconsideration with respect to  x/Century's San Juan system serving the communities of Bayamon, Carolina, Guaynabo, San Juan and  S-Trujillo Alto IS DENIED .  S`- ` x18.` ` This action is taken pursuant to delegated authority under Section 0.321, 47 C.F.R.  0.321, of the Commission's rules as amended. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones  S %-x` `  hhChief, Cable Services Bureau