FOR FCC RECORD ONLY $//ORDER Granting Stay in Cheshire, CT, et al, DA 94-1303//$ $/76.922 Rates for the basic service tier/$ $/76.923 Rates for equipment and installation/$ $/1.45(d)Request for Stay/$ Before the FEDERAL COMMUNICATIONS COMMISSION DA 94-1303 Washington, D.C. 20554 In the Matter of: ) Cheshire, CT ) Meriden, CT TELESYSTEMS OF CONNECTICUT, ) Southington, CT INC., d/b/a DIMENSION CABLE ) SERVICES ) ) ) Petition for Stay of Local ) Rate Order of the Connecticut ) Department of Public Utility Control ) ORDER Adopted: November 21, 1994 Released: November 23, 1994 By the Chief, Cable Services Bureau: 1. Telesystems of Connecticut, Inc., d/b/a Dimension Cable Services ("Dimension") filed on September 9, 1994, a Petition for Stay Pending Review ("Petition") of the local rate order ("Local Rate Order") adopted by the Connecticut Department of Public Utility Control ("DPUC") on August 10, 1994. The DPUC did not submit any pleadings in opposition to Dimension's Petition. The Local Rate Order establishes a new rate schedule for Dimension's basic service tier and cable service installations, and directs Dimension to issue refunds to subscribers for those charges it assessed between September 1, 1993 and July 14, 1994 which were in excess of the newly established rates. The main issue raised by Dimension in its Petition centers on the proper regulatory treatment of Dimension's a la carte package offerings. 2. The Commission has issued numerous Letters of Inquiry ("LOI") to cable operators regarding the regulatory treatment of a la carte package offerings. On December 13, 1993, the Commission issued three (3) such LOIs to Times Mirror Cable Television, Inc. ("Times Mirror"), Dimension's parent company. Given that Dimension's Petition presents the same issues as those raised in the LOIs issued to Times Mirror, and in order to minimize subscriber confusion and ensure regulatory consistency pending resolution of the Commission's LOIs, we shall grant Dimension's Petition. The Local Rate Order shall be stayed pending the resolution of Dimension's Appeal. 3. During the period of this stay, Dimension is ordered to deposit in an interest- bearing escrow account the total amount of money that the DPUC has ordered Dimension to refund to its customers. Alternatively, Dimension may elect to post a bond for the benefit of the DPUC. 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 Dimension is unable to fulfill its refund obligations for any reason, then the surety will fulfill that obligation to the DPUC, on behalf of Dimension's subscribers. 4. Accordingly, IT IS ORDERED that the Local Rate Order adopted by the DPUC is STAYED pending the resolution of Dimension's Appeal. 5. IT IS FURTHER ORDERED that the amount of the refunds required by the DPUC's Local Rate Order SHALL BE PLACED by Dimension in an interest-bearing escrow account, OR SHALL BE SECURED by the posting of a bond for the benefit of the DPUC for the amount of money the DPUC has ordered Dimension 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 Dimension'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. 6. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. 47 C.F.R. 0.321. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau