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 Federal  Communications  Commission  DA  03-  3344 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Fairclark  Cable  TV,  Inc.,  d/  b/  a  Time  Warner  Cable 


 Request  for  Clarification,  Harrison  County,  West  Virginia,  WV0373 


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 CSR  6001-  E 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  21,  2003  Released:  October  24,  2003 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 


 1.  Fairclark  Cable  TV,  Inc.,  d/  b/  a  Time  Warner  Cable  (“  Time  Warner”)  has  filed  with  the  Commission  a  Request  for  Clarification  of  the  Media  Bureau’s  Memorandum  Opinion  and  Order 
 (“  Order”)  that  granted  Time  Warner’s  Petition  for  Special  Relief  and  found  that  Time  Warner’s  cable  system  serving  the  unincorporated  portions  of  Harrison  County,  West  Virginia  (“  franchise  area”)  is 
 subject  to  effective  competition.  1  Time  Warner  seeks  clarification  that  the  Order  revoked  the  certification  of  the  Public  Service  Commission  of  West  Virginia  (“  PSC”)  to  regulate  basic  cable  service  rates  in  the 
 franchise  area.  Time  Warner  also  asks  the  Bureau  to  clarify  that  its  cable  system  has  been  subject  to  effective  competition  since  January  21,  2002. 


 2.  Although  Time  Warner  erroneously  claims  that  its  petition  sought  revocation  of  the  PSC’s  certification  to  regulate  basic  cable  service  rates  in  the  franchise  area,  revocation  is  appropriate  in 
 this  case.  2  For  a  franchising  authority  to  be  certified,  the  cable  system  in  question  must  not  be  subject  to  effective  competition  as  defined  by  Section  623(  l)  of  the  Communications  Act.  3  Due  to  the  Order’s 
 finding  that  Time  Warner  is  subject  to  effective  competition,  the  PSC  no  longer  meets  this  condition  and  revocation  of  its  certification  is  proper. 


 3.  As  to  the  date  on  which  the  cable  system  became  subject  to  effective  competition,  a  review  of  the  record  indicates  that  April  21,  2002  is  the  date  of  the  latest  data  provided  by  Time  Warner 
 regarding  the  number  of  subscribers  served  by  its  MVPD  competitors  in  the  franchise  area.  4  Based  on  the  foregoing,  we  conclude  that  Time  Warner  has  submitted  sufficient  evidence  demonstrating  that  its  cable 
 system  has  been  subject  to  effective  competition  since  April  21,  2002. 
 1  Fairclark  Cable  TV,  Inc.  d/  b/  a  Time  Warner  Cable,  DA  03-  2115  (Media  Bureau  rel.  July  7,  2003). 
 2  Time  Warner’s  initial  petition  requested  revocation  of  Harrison  County’s  authority  to  regulate  basic  cable  service 
 rates.  Time  Warner  Petition  for  Special  Relief  at  7  (“  Time  Warner  respectfully  requests  that  the  Commission  .  .  .  revoke  the  County’s  certification  to  regulate  Time  Warner’s  basic  rates.”)  (emphasis  added). 


 3  47  U.  S.  C.  §  543(  l). 
 4  See  Id.  at  Exhibit  B  (subscriber  data  for  Laurel  TV  Cable). 
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 Federal  Communications  Commission  DA  03-  3344 
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 4.  Accordingly,  IT  IS  ORDERED  that  the  request  for  clarification  filed  in  the  captioned  proceeding  by  Fairclark  Cable  TV,  Inc.,  d/  b/  a  Time  Warner  Cable  IS  GRANTED  to  the  extent  indicated 
 herein  and  is  otherwise  DENIED. 
 5.  IT  IS  FURTHER  ORDERED  that  the  certification  of  the  Public  Service  Commission  of  West  Virginia  to  regulate  the  basic  cable  service  rates  of  Fairclark  Cable  TV,  Inc.,  d/  b/  a  Time  Warner 


 Cable  in  unincorporated  portions  of  Harrison  County,  West  Virginia  IS  REVOKED. 
 6.  This  action  is  taken  under  delegated  authority  pursuant  to  Section  0.283  of  the  Commission’s  rules.  5 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division,  Media  Bureau 


 5  47  C.  F.  R.  §  0.283. 
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