Federal Communications Commission DA 07-184
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Cablevision of Rockland/Ramapo, LLC
Petition for Determination of Effective
Competition in the Villages of Nyack, New York 
(NY0870) and South Nyack, New York (NY0872)
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CSR 7031-E
MEMORANDUM OPINION AND ORDER
Adopted: January 22, 2007 Released: January 24, 2007
By the Deputy Chief, Policy Division, Media Bureau:
I. INTRODUCTION
1. Cablevision of Rockland/Ramapo, LLC (“Cablevision”) has filed with the Commission a 
petition pursuant to Section 76.7, 76.905(b)(4) and 76.907 of the Commission's rules for a determination of 
effective competition in the Villages of Nyack, New York and South Nyack, New York (collectively, the 
“Franchise Areas”). Cablevision alleges that its cable system serving the Franchise Areas are subject to 
effective competition pursuant to Sections 623(a)(2) and 623(1)(1)(4) of the Communications Act1 and the 
Commission's implementing rules,2 and therefore are exempt from cable rate regulation. Cablevision 
claims the presence of effective competition in the Franchise Areas stems from the competing cable services 
provided by Verizon New York, Inc. (“Verizon”). No opposition to the petition was filed.
II. DISCUSSION
2. In the absence of a demonstration to the contrary, cable systems are presumed not to be 
subject to effective competition,3 as that term is defined by Section 76.905 of the Commission's rules.4 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.5 Section 623(l)(1)(D) of 
the Communications Act provides that a cable operator is subject to effective competition, and therefore 
  
1 47 U.S.C. § 543(a)(4) & 543(l)(l)(4).
2 47 C.F.R. § 76.905(b)(4).
3 47 C.F.R. § 76.906.
4 47 C.F.R. § 76.905.
5 See 47 C.F.R. §§ 76.906 & 907.
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exempt from cable rate regulation, if a local exchange carrier (“LEC”) or its affiliate offers video 
programming services directly to subscribers by any means (other than direct-to-home satellite services) in 
the franchise area of an unaffiliated cable operator which is providing cable service in that franchise area, 
provided the video programming services thus offered are comparable to the video programming services 
provided by the unaffiliated cable operator in that area.6
3. The Commission has stated that an incumbent cable operator could satisfy the LEC 
effective competition test by showing that the LEC is technically and actually able to provide services that 
substantially overlap the incumbent operator’s service in the franchise area.7 The incumbent also must 
show that the LEC intends to build-out its cable system within a reasonable period of time if it has not 
already done so, that no regulatory, technical or other impediments to household service exist, that the LEC 
is marketing its services so that potential customers are aware that the LEC’s services may be purchased, 
that the LEC has actually begun to provide services, the extent of such services, the ease with which service 
may be expanded and the expected date for completion of construction in the franchise area.8
4. Cablevision operates a cable television system in the Franchise Areas for which it seeks a 
determination of effective competition and, having been assigned the Community Unit Identification
(CUID) numbers shown in the caption, qualifies as the incumbent cable operator within those Franchise 
Areas for purposes of the “LEC” effective competition test at issue in this proceeding.  Cablevision 
provided information showing that Verizon is authorized to provide local exchange telephone service in the 
State of New York, including to residents of the Villages.9 Therefore, Verizon qualifies as a LEC for 
purposes of the LEC effective competition test.10
5. Verizon received local cable franchises from New York on February 8, 2006 authorizing it 
to provide cable programming services in Nyack and South Nyack.11  Cablevision demonstrated that the 
Franchise Areas in each of the Villages are essentially the same as that of its own, the Verizon cable plants
cover most of the respective Franchise Areas, and that the cable plants substantially overlap Cablevision’s
service areas.12  In addition to holding franchises for the provision of cable service within the Franchise 
Areas, Verizon has distributed press releases, local advertising, and marketing materials within the 
Franchise Areas so that potential cable subscribers in the Franchise Areas are broadly aware of the 
availability of its cable services and need only contact Verizon to obtain service.13
6. The Verizon marketing materials show that its cable system offers over 180 channels of 
video programming that includes non-broadcast programming services such as MSNBC, CNN, and ESPN, 
  
6 47 U.S.C. § 543(1)(1)(D); see also 47 C.F.R. § 76.905(b)(4). This statutory effective competition test may be 
referred to as the “LEC” effective competition test.
7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 14 FCC Rcd 5296, 
5305 (1999) (“Cable Reform Order”).
8 Id. 
9 See Petition at 4-5.
10See 47 U.S.C. § 543(1)(1)(D); 47 U.S.C § 153(a)(1).
11 Petition at 1 & Exhibits 1-2.
12 Petition at 7.
13 Petition at 6, 8-10 & Exhibit 8.
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as well as a complement of several local television broadcast stations.14 Based on this record, we find that 
the Verizon complement of programming services compares with the programming available on 
Cablevision’s system15 and is sufficient to satisfy this aspect of the LEC effective competition test.16
Cablevision also provided evidence that there are no regulatory, technical or other impediments to 
Verizon’s provision of service within the Franchise Areas, and that Verizon is able to provide cable service 
that substantially overlaps Cablevision’s service.17  Based on the foregoing, we conclude that Cablevision
has submitted sufficient evidence to demonstrate that its cable system serving the Franchise Areas are 
subject to effective competition.
III. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that the petition filed by Cablevision of 
Rockland/Ramapo, LLC for a determination of effective competition in the Villages of Nyack and South 
Nyack, New York ARE HEREBY GRANTED.
8. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s 
rules.18
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Deputy Chief, Policy Division, Media Bureau
  
14 Petition at 10 & Exhibit 11.  
15 Petition at 10 & Exhibit 12.
16 See 47 C.F.R. § 76.905(g).
17 Petition at 7-8. 
18 47 C.F.R. § 0.283.