*Pages 1--2 from Microsoft Word - 53433.doc* Federal Communications Commission DA 05- 3127 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Comcast Cable of Dallas, L. P. Order Setting Basic Service, Equipment and Installation Rates Dallas TX (TX0726) ) ) ) ) ) ) CSB- A- 0745 ORDER Adopted: November 30, 2005 Released: December 1, 2005 By the Deputy Chief, Policy Division, Media Bureau: 1. On June 24, 2005, Comcast Cable of Dallas, L. P. (" Comcast") filed this appeal of a local rate order adopted by the City Council of the City of Dallas, Texas (" the City”) on May 25, 2005. 1 Earlier, Comcast had challenged the City’s certification to regulate Comcast's rates. Specifically, on November 15, 2004, Comcast filed a petition asserting that it was subject to effective competition in Dallas. 2 The Commission recently granted Comcast’s petition, finding that Comcast faced effective competition in Dallas. 3 2. The Communications Act provides that, where effective competition is absent, cable rates for the Basic Service Tier are subject to regulation by franchising authorities such as the City. 4 The Commission’s finding of effective competition in Dallas, however, revoked the City’s certification to regulate Comcast’s BST rates 5 and thus exempted Comcast from the City’s rate regulation. 6 3. The Commission, when it grants a cable operator’s petition for a finding of effective competition, has recognized the filing date of the petition as the date on which the cable operator was subject to effective competition. 7 We do so here. Therefore, since November 15, 2004, the City has 1 Ordinance No. 25997, which is Attachment A to Comcast’s Appeal of Local Rate Order, filed June 24, 2005. 2 Petition for Special Relief, filed by Comcast in CSR 6445- E. 3 Comcast of Dallas, L. P., DA 05- 2950 (rel. Nov. 14, 2005), available at 2005 WL 3041351. 4 47 U. S. C. § 543( a)( 2). 5 Comcast of Dallas, L. P., supra n. 3, at ¶ 12. 6 See 47 C. F. R. § 76. 905. 7 Mediacom Minnesota, LLC, DA 05- 2637 at ¶ 4 (rel. Oct. 3, 2005); Alert Cable T. V. of North Carolina, Inc., 19 FCC Rcd 80, 81 (2004) ¶ 5; Rifkin & Associates, Inc., 17 FCC Rcd 14233, 14234 (2002) ¶ 5. 1 Federal Communications Commission DA 05- 3127 2 lacked authority to regulate Comcast’s rates in Dallas. The City’s May 25, 2005, rate order with respect to Comcast Cable of Dallas, L. P., is without force or effect. 4. Accordingly, IT IS ORDERED that the Appeal of Comcast Cable of Dallas, L. P., from the May 25, 2005 rate order issued by the City Council of the City of Dallas, Texas IS GRANTED to the extent indicated herein and the local rate order IS HEREBY VACATED AND SET ASIDE. 5. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. 47 C. F. R. § 0.283. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division, Media Bureau 2