WPCl% 2B<J CourierTimes New RomanTimes New Roman BoldTimes New Roman Italic3|j; LPT2HPLAS4SI.PRSx  @\[KX@2'6KF% Z3|j"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdTimes New RomanTimes New Roman BoldTimes New Roman ItalicHP4Si; Rm. 918_1; LPT2HPLAS4SI.PRSXj\  P6G;\[KXP2 YvcpkIa8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  2kQvtla5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# 2   O  a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# 2   H  a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# 2Ba8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . 2tPa6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   2)(p3a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)Documentg2[e_DPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8: X-ԍ Federal Communications Commission Letter of Inquiry, File No. LOI 9340 (issued December 13, 1993). Though the LOI was addressed to CVI's Long Beach, California system, Long Beach and Signal Hill are, in fact, one integrated system and therefore the outcome of the Commission's LOI inquiry will affect both systems. j issued by the Commission to CVI, regarding its a la carte package offerings in Long Beach. The City filed its response to CVI's appeal on September 13, 1994. The local rate order establishes a new schedule of basic service and equipment rates and directs CVI to issue refunds, dating back to September 1, 1993, to  X-subscribers for charges in excess of the newly established rates.4> X&-ԍ Under the Cable Television Consumer Protection and Competition Act of 1992 and the Commission's implementing regulations, local franchising authorities may regulate rates for  X(-basic cable service and associated equipment. See Cable Television Consumer Protection and"(0*0*0*(" competition Act, Pub. L. No. 102385, 106 Stat. 1460 (1992); Communications Act,  623(b),  Xy-as amended, 47 U.S.C.  543(b) (1993).  A principal issue raised by"d0*0*0*" CVI in its petition, and by the Commission in the LOI, centers on the regulatory treatment of  X-CVI's a la carte package offerings.d> X-ԍ We note that CVI's stay request and appeal raise other contentions with respect to the City's rate order. Those contentions include: (1) whether the City improperly ordered refunds based on FCC Form 393 for the period of May 15, 1994, through July 14, 1994 and; (2) whether the City's rate review process complied with Commission due process rules.   X- II. Discussion x2. The Commission has issued numerous LOIs to cable operators regarding the regulatory treatment of a la carte package offerings. CVI's a la carte package offerings in Long Beach are the subject of a Commission LOI. Since CVI serves both Long Beach and Signal Hill through an integrated system, the issues raised in Long Beach's LOI are equally applicable to Signal Hill. Given that a significant portion of CVI's request for stay and appeal in Signal Hill overlap closely with the issues in the LOI pending for Long Beach and in order to minimize subscriber confusion and ensure regulatory consistency pending  X -resolution of the Commission's LOI, we shall grant CVI's request for stay. > Xm-ԍ See, e.g., Warner Communications, Inc.(Wadsworth, Ohio), DA 94511 (released May  XX-17, 1994); Century Cable of Southern California (La Habra, Calif.), DA 94513, (released  XC-May 17, 1994); Century Cable of Southern California (Brea, Calif.), DA 94512 (released  X.-May 17, 1994); Comcast Cablevision of Mt. Clemens (Mount Clemens, Michigan), DA 94857 (released August 9, 1994). The stay shall remain in effect until the earlier of: a decision on the merits in the instant appeal by the Commission or ten (10) days after the release of an order or orders by the Commission finally resolving the issues raised in the LOI. x3. During the period of this stay, CVI is ordered to deposit in an interestbearing escrow account the total amount of money that the City has ordered CVI to refund to its customers. Alternatively, CVI may elect to post a bond for the benefit of the City. The amount of the bond shall be the total amount of money subject to the refund order, plus interest on that amount for a twelve (12) month period from the date of this Order. The bond shall provide that if CVI is unable to fulfill its refund obligations for any reason, then the  X-surety will fulfill that obligation to the City, on behalf of CVI's subscribers.- > X#-ԍ See Comcast Cablevision of Tallahassee, Inc.( Tallahassee, Florida), DA 94107,  4  X$-(released Sept. 30, 1994); Paragon Cable (Grapevine, Texas), DA 941072,  3 (released Sept. 30, 1994). In these orders, the Commission authorized the operator to post a bond in lieu of establishing an escrow account.  "0*0*0*4"Ԍ  X- III. Ordering Clauses  X-T X(#P  X-x4. Accordingly, IT IS ORDERED , pursuant to 1.45(e) of the Commission's rules (47 C.F.R. 1.45 (e) (1993)), that the local rate order adopted by the City of Signal Hill,  X-California is STAYED until the earlier of: a decision on the merits in the instant appeal by the Commission or ten (10) days after the release of an Order or Orders by the Commission finally resolving the issues raised in the Letter of Inquiry.  X1-x5. IT IS FURTHER ORDERED that the amount of the refunds required by the  X -City's local rate order SHALL BE PLACED by CVI in an interestbearing escrow account,  X - OR SHALL BE SECURED by the posting of a bond for the benefit of the City for the amount of money the City has ordered CVI to refund, plus interest. The amount of the bond shall be the total amount of money subject to the refund order, plus interest on that amount for a twelve (12) month period from the date of this Order. Proof of CVI's compliance with this Order shall be filed with the Commission within thirty (30) days of the release of this Order. Interest shall accrue, or be computed, at the prevailing U.S. Internal Revenue Service Rate. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by 0.321 of the Commission's rules (47 C.F.R. 0.321 (1993)). x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau