**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | CSB-A-0743                   |
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| Comcast Cable Communications,    | ) |                              |
| LLC                              | * |                              |
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| Order Setting Basic Equipment    |   |                              |
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| and Installation Rates           | * |                              |
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| Bedford TX (TX0648)              | * |                              |
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ORDER

**Adopted: January 18, 2006** **Released: January 20, 2006**

By the Deputy Chief, Policy Division, Media Bureau:

1.  On March 31, 2005, Comcast Cable Communications, LLC, on behalf of
    Comcast of Texas II, Inc. (\"Comcast\"), filed this appeal of a
    local rate order adopted by the City Council of the City of Bedford,
    Texas (the "City") on February 22, 2005.[^1] Earlier, Comcast had
    challenged the City's certification to regulate Comcast\'s rates.
    Specifically, on September 3, 2004, Comcast filed a petition
    asserting that it was subject to effective competition in
    Bedford.[^2] The Commission recently granted Comcast's petition,
    finding that Comcast faced effective competition in Bedford.[^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 Bedford, 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 September
    3, 2004, the City has lacked authority to regulate Comcast's rates
    in Bedford. The City's February 22, 2005, rate order with respect to
    Comcast is without force or effect.

4.  Accordingly, **IT IS ORDERED** that the appeal of Comcast Cable
    Communications, LLC, on behalf of Comcast of Texas II, Inc., from
    the February 22, 2005, rate order issued by the City Council of the
    City of Bedford, 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

[^1]: Ordinance No. 05-2780, which is Attachment A to Comcast's Appeal
    of Local Rate Order.

[^2]: Petition for Special Relief, filed by Comcast in CSR 6398-E.

[^3]: *Comcast Cable Communications, LLC,* DA 05-3328 (rel. Dec. 28,
    2005), available at 2005 WL 3543449.

[^4]: [47 U.S.C. §
    543(a)(2)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000546&DocName=47USCAS543&FindType=L).

[^5]: *Comcast Cable Communications, LLC, supra* n.3, at ¶ 16.

[^6]: *See* [47 C.F.R. §
    76.905](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000547&DocName=47CFRS76.905&FindType=L)(a).

[^7]: *C**omcast Cable of Dallas, L.P.,* DA 05-3127 at ¶ 3 (rel. Dec. 1,
    2005); *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)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&ReferencePositionType=S&SerialNum=2004339976&ReferencePosition=81)
    ¶ 5; *Rifkin & Associates, Inc.,* [17 FCC Rcd 14233, 14234
    (2002)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&ReferencePositionType=S&SerialNum=2002457790&ReferencePosition=14234)
    ¶ 5.