Federal Communications Commission DA 11-1792 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Subsidiaries of Cablevision
Petitions for Determination of Effective 
Competition in Four New York Communities
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CSR 8520-E
CSR 8521-E
CSR 8522-E
MEMORANDUM OPINION AND ORDER
Adopted:  October 21, 2011 Released:  October 31, 2011
By the Senior Deputy Chief, Policy Division, Media Bureau:
I. INTRODUCTION AND BACKGROUND
1. Subsidiaries of Cablevision, hereinafter referred to as “Petitioner,” have filed with the 
Commission petitions pursuant to Sections 76.7, 76.905(b)(4) 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 the “Communities.”1 Petitioner alleges that its cable systems 
serving the Communities are subject to effective competition pursuant to Section 623(l)(1)(D) of the 
Communications Act of 1934, as amended (“Communications Act”)2 and the Commission’s 
implementing rules,3 and are therefore exempt from cable rate regulation in the Communities because of 
the competing service provided by Verizon New York Inc., hereinafter referred to as “Competitor.”  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 Petition based on our 
finding that Petitioner is subject to effective competition in the Communities listed on Attachment A.
  
1 The specific Petitioners are, in CSR 8520-E, Cablevision of Ossining Limited Partnership for the Village of 
Pleasantville (NY0737), and Cablevision Systems Westchester Corp. and Cablevision of Wappingers Falls Inc. for 
the Town of Bedford (NY1423); in CSR 8521-E, the latter two companies for the Town of Bedford (NY0426); and, 
in CSR 8522-E, Cablevision of Southern Westchester, Inc., for the Village of Hastings-on-Hudson (NY0868) and 
the Village of Pelham (NY0803).
2 See 47 U.S.C. § 543(l)(1)(D).
3 47 C.F.R. § 76.905(b)(4).
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).
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II. DISCUSSION
3. Section 623(l)(1)(D) of the Communications Act provides that a cable operator is subject 
to effective competition 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, but only if 
the video programming services offered in that area are comparable to the video programming services 
provided by the competing unaffiliated cable operator.7 This test is referred to as the “LEC” test.
4. The Commission has stated that the incumbent cable operator must show that the LEC 
intends to build out its cable system within a reasonable period of time if it has not completed its build 
out; 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 It 
is undisputed that these Communities are served by both Petitioner and Competitor, a local exchange 
carrier, and that these two MVPD providers are unaffiliated.  The “comparable programming” element is 
met if a competing MVPD provider offers at least 12 channels of video programming, including at least 
one channel of nonbroadcast service programming9 and is supported in this petition with a copy of the 
channel lineup for Competitor.10 Finally, Petitioner has demonstrated that the Competitor has 
commenced providing video programming service within the Communities, has marketed its services in a 
manner that makes potential subscribers reasonably aware of its services, and otherwise satisfied the LEC 
effective competition test consistent with the evidentiary requirements set forth in the Cable Reform 
Order.11
5. Based on the foregoing, we conclude that Petitioner has submitted sufficient evidence 
demonstrating that its cable systems serving the Communities have met the LEC test and are subject to 
effective competition.
  
7 See 47 U.S.C. § 543(l)(1)(D).
8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 14 FCC Rcd 5296, 
5305-06, ¶¶ 13-15 (1999) (“Cable Reform Order”).
9 See 47 C.F.R. § 76.905(g).  See also, e.g., Petition in CSR 8520-E at 12-13.
10 See also, e.g., Petition in CSR 8521-E at Exh. 7.
11 See Cable Reform Order, 14 FCC Rcd at 5305-06, ¶¶ 13-15.  See also, e.g., Petition in CSR 8521-E at 6-12; Exh. 
2, Declaration of Paul Jamieson, Cablevision’s Managing Counsel for Legislative and Regulatory Affairs, at ¶ 5 
(Aug. 18, 2011).
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III. ORDERING CLAUSES 
6. Accordingly, IT IS ORDERED that the petitions for a determination of effective 
competition filed in the captioned proceeding by subsidiaries of Cablevision ARE GRANTED. 
7. IT IS FURTHER ORDERED that the certification to regulate basic cable service rates 
granted to any of the Communities set forth on Attachment A IS REVOKED. 
8. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the 
Commission’s rules.12
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division, Media Bureau
  
12 47 C.F.R. § 0.283.
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ATTACHMENT A
CSRs 8520-E, 8521-E, 8522-E
COMMUNITIES SERVED BY SUBSIDIAIRES OF CABLEVISION
Communities CUIDs  
Town of Bedford NY0426
NY1423
Village of Hastings-on-Hudson NY0868
Village of Pelham NY0803
Village of Pleasantville NY0737