One more thing...
Even if there was an 85% test, that threshold had ALREADY been met by 2004:
The 2006 FCC Video competition report states:
The number of TV households and the number of MVPD subscribers increased inSo in reality, the 85% test had already been met by 2004, and thus was no
the past year. As of June 2005, there were 109.6 million TV households,
compared to 108.4 million in June 2004. Of that number, approximately 94.2
million TV households, or almost 86 percent of TV households subscribe to an
MVPD service, as compared to 92.3 million, or 85.1 percent as of June 2004.