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Media Bureau Granted Petitions Filed By Time Warner Cable Inc.

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Released: April 17, 2013

Federal Communications Commission

DA 13-768

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
CSR 8548-E
)
CSR 8549-E
Time Warner Cable Inc.
)
CSR 8550-E
)
CSR 8551-E
Petitions for Determination of Effective
)
CSR 8552-E
Competition in Communities in Kentucky and
)
CSR 8553-E
Ohio
)
CSR 8554-E
)
CSR 8555-E

MEMORANDUM OPINION AND ORDER

Adopted: April 15, 2013

Released: April 17, 2013

By the Senior Deputy Chief, Policy Division, Media Bureau:

I.

INTRODUCTION AND BACKGROUND

1.
Time Warner Cable Inc., hereinafter referred to as “Petitioner,” has filed with the Commission
petitions pursuant to Sections 76.7, 76.905(b)(1) and 76.907 of the Commission’s rules for a determination that
Petitioner is subject to effective competition in those communities listed on Attachment A and hereinafter
referred to as “Communities.”1 Petitioner alleges that its cable system serving the Communities is subject to
effective competition pursuant to Section 623(l)(1)(A) of the Communications Act of 1934, as amended
(“Communications Act”),2 and the Commission’s implementing rules,3 and is therefore exempt from cable rate
regulation in the Communities because Petitioner serves fewer than 30 percent of the households in the franchise
areas. The petitions are unopposed.
2.
In the absence of a demonstration to the contrary, cable systems are presumed not to be subject
to effective competition,4 as that term is defined by Section 623(l) of the Communications Act and Section
76.905 of the Commission’s rules.5 The cable operator bears the burden of rebutting the presumption that
effective competition does not exist with evidence that effective competition is present within the relevant
franchise area.6 For the reasons set forth below, we grant the petitions based on our finding that Petitioner is
subject to effective competition in the Communities listed on Attachment A.


1 The Petition in CSR 8548-E included the name of Stokes Township in Logan County (OH0491), but incomplete evidence
concerning it. Petitioner has requested that that Community be deleted from consideration, and we grant that request. See
E-Mail from Craig Gilley, Esq., Edwards Wildman Palmer LLP, counsel for Petitioner, to John W. Berresford, Media
Bureau Attorney, January 17, 2012, 1:25 PM.
2 See 47 U.S.C. § 543(l)(1)(A).
3 47 C.F.R. § 76.905(b)(1).
4 47 C.F.R. § 76.906.
5 See 47 U.S.C. § 543(l); 47 C.F.R. § 76.905.
6 See 47 C.F.R. §§ 76.906-.907(b).

Federal Communications Commission

DA 13-768

II.

DISCUSSION

3.
Section 623(l)(1)(A) of the Communications Act provides that a cable operator is subject to
effective competition if the Petitioner serves fewer than 30 percent of the households in the franchise area. This
test is referred to as the “low penetration” test.7 Petitioner alleges that it is subject to effective competition
under the low penetration effective competition test because it serves less that 30 percent of the households in
the franchise areas.
4.
Based upon the subscriber penetration level calculated by Petitioner, as reflected in Attachment
A, we find that Petitioner has demonstrated the percentage of households subscribing to its cable service is less
than 30 percent of the households in the Communities. Therefore, the low penetration test is satisfied as to the
Communities.

III.

ORDERING CLAUSES

5.
Accordingly,

IT IS ORDERED

that the petitions for a determination of effective competition
filed in the captioned proceeding by Time Warner Cable Inc.,

ARE GRANTED

.
6.

IT IS FURTHER ORDERED

that the certification to regulate basic cable service rates granted
to or on behalf of any of the Communities set forth on Attachment A

IS REVOKED

.
7.
This action is taken pursuant to delegated authority pursuant to Section 0.283 of the
Commission’s rules.8
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division, Media Bureau


7 47 U.S.C. § 543(l)(1)(A).
8 47 C.F.R. § 0.283.
2

Federal Communications Commission

DA 13-768

ATTACHMENT A

CSRs 8548-E, 8549-E, 8550-E, 8551-E

COMMUNITIES SERVED BY TIME WARNER CABLE INC.



Franchise Area

Cable

Penetration

Communities

CUIDs

Households

Subscribers Percentage

CSR 8548-E

Harrison Township (Logan County)
OH1992
1,221
134
10.97
Jackson Township (Knox County)
OH2987
355
49
13.80
Jefferson Township (Logan County)
OH1991
1,148
201
17.51
Jefferson Township (Madison County)
OH0826
2,737
340
12.42
Lake Township (Logan County)
OH1990
5,124
53
1.03
Liberty Township (Logan County)
OH1993
1,345
50
3.72
Monroe Township (Logan County)
OH3015
611
2
.33
OH3110
Richland Township
OH3111
981
4
.41
Ridgeway Village
OH1562
125
37
29.60
Rushcreek Township (Logan County)
OH3109
800
1
.13
Union Township (Logan County)
OH3108
307
11
3.58
Urbancrest Village
OH2907
337
85
25.22
Washington Township (Hardin County) OH3103
306
12
3.92

CSR 8549-E

Blakeslee Village
OH3131
45
1
.02
Edon Village
OH3132
30
1
.03
Florence Township (Williams County)
OH3133
779
1
.01
Gorham Township (Fulton County)
OH3046
900
7
.78
Grand Rapids Township (Wood County) OH1265
534
48
8.99
Latty Village
OH2482
70
17
24.29
Madison Township (Williams County)
OH3129
376
1
.01
Monroe Township (Putnam County)
OH3064
843
3
.36
Pioneer Village
OH3136
583
1
.01

CSR 8550-E

Buckland Village
OH2444
98
29
29.59
Cridersville Village
OH0046
766
220
28.72
Richland Township (Allen County)
OH1413
2,176
144
6.62
Shawnee Township (Allen County)
OH0583
4,833
1,308
27.06
Uniopolis Village
OH2158
83
17
20.48

CSR 8551-E

Unincorporated Lewis County
KY0917
4,855
300
6.17
KY0592
KY0916
Vanceburg
KY0058
625
159
25.44
3

Federal Communications Commission

DA 13-768

CSRs 8552-E, 8553-E, 8554-E, 8555-E

COMMUNITIES SERVED BY TIME WARNER CABLE INC.



Franchise Area

Cable

Penetration

Communities

CUIDs

Households

Subscribers Percentage

CSR 8552-E

Adams Township (Darke County)
OH3051
1,264
17
1.34
Blue Creek Township (Paulding
OH3105
275
3
1.09
County)
Haviland Village
OH3106
79
6
7.59
Minster Village
OH0357
1,045
288
27.56
Scott Village
OH3104
111
9
8.11
OH3112

CSR 8553-E

Kingston Village
OH0667
458
135
29.48
Madison Township (Highland County)
OH3053
2,583
28
1.08
Piketon Village
OH0535
820
239
29.15
Salt Creek Township (Pickaway
OH1683
997
42
4.21
County)

CSR 8554-E

Harris Township (Ottawa County)
OH1457
1,221
99
8.11
Madison Township (Sandusky County) OH3019
1,457
45
3.09
Orange Township (Hancock County)
OH2633
534
59
11.05
Rossford City
OH3137
2,568
3
.12
Toledo City
OH3138
119,730
1
.01

CSR 8555-E

Hanover Township (Licking County)
OH1889
974
160
16.43
Spencer Township (Guernsey County)
OH3048
415
2
.48
Westland Township (Guernsey County) OH3049
785
91
11.59
4

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