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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G;ynXP##&a\  P6G;u&P#2Kh KKKI"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\nBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""of the low penetration effective competition test in each of the franchise areas because fewer than 30 percent of the households subscribe to cable service.  S8- ` nx4.` ` In its petition, TCIPR states that, in order to determine the number of current households  S- x{in the franchise areas, it employed the same methodology used by the Board and approved by the  xCommission in an earlier low penetration effective competition case involving franchise areas in Puerto  S- xRico. D3 {O( - xԍPetition at 3 citing Century M.L. Cable Corporation and Century M.L. Cable Venture, DA 972509 (Cab. Ser.  yO -Bur. rel. December 2, 1997). TCIPR calculated an updated household estimate for each community in the franchise areas based  xxupon the 1996 Census population estimates and the 1990 Census populationperhousehold figures for each  Sp- xcommunity.Y p"D3 {O2 -ԍId. at 4, see also Exhibits B and C. Y TCIPR then used its customer billing records to show the number of current subscribers to its cable systems serving the Communities.  S - ` x5.` ` TCIPR's submitted evidence to show the 1996 population estimate for each community  S - xOin the Caguas franchise.= D3 {O$-ԍSee Exhibit B. = TCIPR then divided each community's population estimate by the  xcorresponding 1990 populationperhousehold figure taken from 1990 Census data to arrive at an estimate  x.of current households. TCIPR shows that, in the Caguas franchise, there were 177,197 estimated 1996  xhouseholds. Based upon TCIPR's 32,672 subscribers in the Caguas franchise area, TCIPR calculates  xits penetration rate to be 18.4 percent. TCIPR further shows that in the Florida franchise, there were  x.65,049 estimated 1996 households and that TCIPR served 14,460 subscribers in the cable communities  S- x.located therein.1 FD3 {O-ԍId.1 TCIPR thus calculates its penetration rate in the Florida franchise to be 22.2 percent.  xTCIPR argues that because its penetration rate is less than 30 percent in each of the franchise areas at issue, it should not be subject to regulation of its basic cable service rates.  S@- IV.xDISCUSSION  S- ` ox6.` ` We will grant TCIPR's petition. With regard to the Florida franchise, we note that the  xBoard's FCC Form 328 does not list TCI as a cable system subject to regulation. Form 328 requires a  x?franchising authority to list the cable system or systems for which it seeks to become certified to  Sx- x/regulate.LxD3 {O!-ԍSee FCC Form 328, Question 2b.L In cases where a local franchising authority has not been certified to regulate rates, a cable  xoperator who believes that it is subject to effective competition may petition the Commission for a change  S(- x=in its regulatory status. Accordingly, pursuant to Section 76.915(f) of the Commission's rules,@(j D3 yO2%-ԍ47 C.F.R. 76.915(f).@ we will  xtreat TCIPR's petition as a request for a change in regulatory status with respect to the Florida franchise. " ,`(`(88["Ԍ S- ` oԙx7.` ` We have previously stated that updated household data can approximate actual current  xpenetration rates more closely than 1990 Census data. TCIPR, using 1996 population estimates for each  xcommunity, submitted data more current than the 1990 Census data to show the current number of  x{households in the franchise areas at issue. TCIPR showed that the Caguas franchise had 177,197  xLestimated households in 1996 and 32,672 subscribers which results in a penetration rate of 18.4 percent.  xWith regard to the Florida franchise, TCIPR shows that there were 65,049 estimated households in 1996  xand 14,460 subscribers which results in a penetration rate of 22.2 percent. Accordingly, we find that TCIPR's Caguas system and its Florida system are each subject to low penetration effective competition.  S- V.xORDERING CLAUSES  SH - ` x8.` ` Accordingly, IT IS ORDERED that, pursuant to Section 76.914 of the Commission's  xrules, 47 C.F.R. 76.914 and with regard to the Caguas franchise, the petition filed by TCI Cablevision  x[of Puerto Rico, Inc. to revoke the certification of the Puerto Rico Telecommunications Regulatory Board  S - xkto regulate basic cable rates IS GRANTED for its Caguas cable system serving the communities of  xAguas Buenas, Aibonito, Barranquitas, Caguas, Cayey, Cidra, Comerio, Gurabo, Humacao, Juncos, Las Piedras, Naranjito, San Lorenzo, and Yabucoa.  S0- ` 4x9.` ` IT IS FURTHER ORDERED that the certification granted to the Puerto Rico  S- xjTelecommunications Regulatory Board to regulate TCIPR's basic cable rates in the Caguas franchise IS  S-REVOKED .  S- ` x10.` ` IT IS FURTHER ORDERED that, pursuant to Section 76.915(f) of the Commission's  xrules, 47 C.F.R. 76.915(f) and with regard to the Florida franchise, TCIPR's request for a change in its  S@- xregulatory status IS GRANTED for its Florida franchise serving the communities of Ciales, Corozal,  S-Florida, Lares, Morovis, Orocovis, San Sebastian, and Utuado.pp  S- ` x11.` ` This action is taken pursuant to delegated authority under Section 0.321 of the Commission's rules, as amended, 47 C.F.R. 0.321. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhJohn E. Logan,  S`-x` `  hhActing Chief, Cable Services Bureau  xx 0