*Pages 1--2 from  Microsoft Word - 54401.doc*
 Federal  Communications  Commission  DA  06-  96 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Comcast  Cable  Communications,  LLC  Order  Setting  Basic  Equipment 
 and  Installation  Rates  Bedford  TX  (TX0648) 

 )  ) 
 )  ) 
 )  )  CSB-  A-  0743 

 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  Citys  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  Comcasts  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 
 Commissions  finding  of  effective  competition  in  Bedford,  however,  revoked  the  Citys  certification  to  regulate  Comcasts  BST  rates  5  and  thus  exempted  Comcast  from  the  Citys  rate  regulation.  6 

 3.  The  Commission,  when  it  grants  a  cable  operators  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 

 1  Ordinance  No.  05-  2780,  which  is  Attachment  A  to  Comcasts  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). 
 5  Comcast  Cable  Communications,  LLC,  supra  n.  3,  at    16. 
 6  See  47  C.  F.  R.    76.  905(  a). 
 7  Comcast  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)    5;  Rifkin  &  Associates,  Inc.,  17  FCC  Rcd  14233,  14234  (2002)    5. 
1
 Federal  Communications  Commission  DA  06-  96 
 2 
 authority  to  regulate  Comcasts  rates  in  Bedford.  The  Citys  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 
2