Federal Communications Commission DA 07-185   
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Mediacom Southeast, LLC
Two Petitions for Determination of Effective 
Competition in Three Local Franchise Areas in 
Kentucky and Tennessee  
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CSR-6865-E
CSR-6874-E
MEMORANDUM OPINION AND ORDER
Adopted:  January 22, 2007   Released:  January 24, 2007
By the Deputy Chief, Policy Division, Media Bureau:
I. INTRODUCTION
1. This Order considers two petitions filed with the Commission by Mediacom Southeast 
LLC (Mediacom) pursuant to Sections 76.7, 76.905(b)(1) and 76.907 of the Commission’s rules for a 
determination that Mediacom’s cable systems serving certain communities in Kentucky (the 
“communities”) are subject to effective competition pursuant to Section 623(a)(1) of the Communications 
Act of 1934, as amended (“Communications Act”) and are therefore exempt from cable rate regulation.1  
The communities include Clinton, Gamaliel, and Henderson, Kentucky.  No opposition to any petition 
was filed. We grant the petitions finding that the Mediacom systems are subject to effective competition 
in these communities.
2. In the absence of a demonstration to the contrary, cable systems are presumed not to be 
subject to effective competition,2 as the term is defined by Section 623(l) of the Communications Act of 
1934, as amended, and Section 76.905 of the Commission’s rules.3 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.4
  
1 47 C.F.R. §§ 76.7, 76.905(b)(1), 76.907; 47 U.S.C. § 543(a)(1).  
2 47 C.F.R. § 76.906.
3 See 47 U.S.C. § 543 (l); 47 C.F.R. § 76.905.
4 See 47 C.F.R. §§ 76.906 & 76.907.
Federal Communications Commission DA 07-185   
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II. DISCUSSION
3. Section 623(l)(1)(A) of the Communications Act provides that the cable operator is 
subject to effective competition, and therefore exempt from cable rate regulation, if “fewer than 30 
percent of the households in the franchise area subscribe to the cable service of the cable system.”5  
Mediacom has provided information showing that in Clinton, Kentucky it has 1,003 subscribers in an area 
with 4,086 occupied households giving it a 24.55 percent penetration rate.6 In Gamaliel (Monroe 
County), Kentucky, Mediacom has 672 subscribers out of 4,741 households giving it a penetration rate of 
14.17 percent.7 In Henderson, Kentucky, Mediacom states that it has 71 subscribers in an area with 
11,693 occupied households giving it a penetration rate of 0.61 percent.8  Accordingly, we conclude that 
Mediacom has demonstrated the existence of low penetration effective competition under our rules in 
these three communities.
III. ORDERING CLAUSES
4. Accordingly, IT IS ORDERED that the petitions filed by Mediacom for a determination 
of effective competition in the communities of Clinton, Gamaliel, and Henderson, Kentucky ARE
GRANTED.
5. IT IS FURTHER ORDERED that the certifications to regulate basic cable service rates 
of the communities ARE REVOKED.
6. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the 
Commission’s rules.9
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Deputy Chief, Policy Division, Media Bureau
  
5 47 U.S.C. § 543(1)(1)(A).
6 Mediacom Petition, CSR-6865 at 2.
7 Id.
8 Mediacom Petition, CSR-6874 at 2.
9 47 C.F.R. § 0.283.