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                            Before the
                Federal Communications Commission
                     Washington, D.C. 20554  

In the Matter of:               )
                                )
BELLSOUTH INTERACTIVE           )
MEDIA SERVICES                  )
                                )
Petition for Special Relief     )
Requesting a Finding of Effective Competition )
in Pembroke Pines, Florida      )


                   MEMORANDUM OPINION AND ORDER

     Adopted:  August 13, 1999                             Released:  August 16, 1999 
  
By the Deputy Chief, Cable Services Bureau:

     1.   BellSouth Interactive Media Services ("BellSouth") filed a Petition for Special Relief
requesting a finding of effective competition in Pembroke Pines, Florida in conjunction with its showing of
compliance with Section 21.912 and 74.931(h) of the Commission's rules.  BellSouth's petition is unopposed.

     2.   The Communications Act and the Commission's rules provide that only the rates of cable
systems that are not subject to effective competition may be regulated.  One of the bases by which a cable
system will be deemed subject to effective competition is if fewer than 30% of the households in the system's
franchise area subscribe to the cable system's service.  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.  BellSouth has met
this burden.

     3.   BellSouth submitted reliable data that the number of households in Pembroke Pines is 43,393. 
BellSouth also submitted sufficient information demonstrating that its system currently provides no service to
the 43,393 households in its franchise area, or 0% of the total number of households in its Pembroke Pines
franchise area.  Therefore, we find that BellSouth's system serving Pembroke Pines is subject to low penetration
effective competition.  

     4.   Accordingly, IT IS ORDERED that the petition for special relief requesting a finding of
effective competition in its Pembroke Pines, Florida franchise area filed by BellSouth Interactive Media
Services IS GRANTED.

     5.   This action is taken pursuant to delegated authority pursuant to Section 0.321 of the
Commission's rules. 


                         FEDERAL COMMUNICATIONS COMMISSION



                         William H. Johnson
                         Deputy Chief, Cable Services Bureau