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X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2  y % a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h 2<   c < a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right 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 Technical2n >La1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2,y;a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 23yea8TechnicalTechnical 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)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:Xx6X@DQX@6?xxx,Xx `NQXR&HHH,hH6X@DQh@6R&HHH,/whH `NQh2 ?<  ? Before the 0 FEDERAL COMMUNICATIONS COMMISSION  Washington, D.C. 20554  ?X<lU  ? < In the Matter ofhh,Vpp)  DA 94465 ` `  hh,Vpp)  ?<FCC Form 393: Economists, Inc.pp) ` `  hh,Vpp)  ?@<Petition for Waiver of Paragraph 98pp)  ?<of the Third Order on Reconsiderationpp)  ?<in MM Docket Nos. 92266 and 92262pp)  ?` <U ORDER lU  ? < Adopted: May 6, 1994VReleased:pp May 6, 1994  ? < By the Chief, Cable Services Bureau:  ?<  I.Introduction  ?<  ?<1. In this Order, we grant a petition filed by Baraff, Koerner, Olender & Hochberg, P.C.(a law firm), the National Cable Television Association, and the Cable Telecommunications  ?<Association (collectively "petitioners")! #\ ?P<ԍ See Petition for Waiver ("petition") filed April 28, 1994. Petitioners make their request on behalf of clients and/or members who have filed an FCC Form 393 with the Commission using a computergenerated version supplied by Economists, Inc.! seeking on behalf of the law firm's clients and the associations' members a waiver of the Commission's requirement that cable operators submit rate justifications on an actual FCC Form 393, a copy of the actual  ?<form, or a copy generated by Commission software.X#\ ?X<ԍ See Third Order on Reconsideration in MM Docket Nos. 92 ? <266 and 92262, FCC 9440, 59 FR 17961, (April 15, 1994)("Third  ?<Reconsideration Order"). Petitioners also seek relief from the Commission's requirement that, by May 29, 1994, all nonconforming FCC Form 393s previously filed with the Commission be replaced with FCC Form 393s that conform to our rules. Petitioners argue that the Economists, Inc. computergenerated FCC Form 393 that their members and clients used is identical to our form. For the reasons stated below, we grant the requested waiver and determine that any cable operator who has used Economists, Inc.'s computergenerated FCC Form 393 in order to respond to a cable programming service rate complaint filed with the Commission need not replace that filing with an  ?<FCC Form 393 by May 29, 1994 as otherwise required by the Third"0*((#"  ?<Reconsideration Order.Q#\ ?X<ԍ In completing FCC Form 393, cable operators must provide and attach explanations where required on the form. Although we will allow cable operators to make use of Economists, Inc.'s version of FCC Form 393, we note that this approval does not preclude appropriate action for incomplete filings.Q However, as described below, because Economists, Inc.'s FCC Form 393s are not labeled as such, cable operators will be required to notify the Commission by May 29, 1994 that their filing was made on an Economists, Inc. form in order to avail themselves of the relief granted by this waiver. We further determine that cable operators may make future filings with the Commission using Economists, Inc.'s version of FCC Form 393.  ?<x2.` ` This waiver is limited to Economists, Inc.'s spreadsheet version of FCC Form 393. Operators who used other substitute versions of the form are still required to refile as  ?` <determined by the Third Reconsideration Order. We encourage such operators to use the Commission's spreadsheet version of FCC Form 393, to be released shortly. The exact release date will be announced via a Public Notice.  ?H < II.xBackground  ?<x3. The Report and Order and Further Notice of Proposed  ?<Rulemaking released May 3, 1993 in MM Docket No. 92266 ("Rate  ?h<Order") set forth the circumstances in which cable operators must  ?0<file FCC Form 393."` 0x#\ ?8<ԍ "FCC Form 393" is the shorthand name for "Determination of Maximum Initial Permitted Rates for Regulated Cable Programming Services and Equipment," the official form used by cable operators to show that regulated rates charged for the basic service and cable programming services tiers conform with the FCC's benchmark. Cable operators file FCC Form 393 with local franchising authorities in response to notification that the local franchising authority is certified and is regulating basic service tier rates. Cable operators also file FCC Form 393 with the FCC in response to a complaint about rates charged for  ? <the cable programming service tiers. See Rate Order in MM Docket No. 92266, FCC 93177, 8 FCC Rcd 5631 (1993)." In fulfilling the filing requirement, some cable operators have filed their rate justifications on various substitute versions of FCC Form 393. Indeed, our November 10,  ?<1993 Public Notice specifically contemplated such substitutes, provided "the form is identical in overall appearance and format to FCC Form 393." Unfortunately, despite the clarity of our Public Notice, review of such filings revealed a wide variety of substitute forms, some computer generated, many of which did not appear "identical in overall appearance and format to FCC Form 393.""80*(("Ԍ ?<ԙx4.` ` The Commission considered whether to deem nonstandard forms already filed acceptable, but determined that the administrative burden of examining each nonFCC form to ensure that it matched FCC Form 393 line by line and calculation by calculation made this option unfeasible. Accordingly, in the  ?<Third Reconsideration Order, the Commission concluded that substitute forms are unacceptable and ordered that all rate filings be made on an actual FCC Form 393, a copy of the actual  ?@<form, or a copy generated by Commission software.u@#\ ?<ԍ Third Reconsideration Order at para 97, 59 FR 17961 (April 15, 1994).u It thus concluded that the burden imposed upon cable operators by requiring them to use the official form would not be great, since they may generate the data in whatever form they wish and simply  ?` <transfer it to the official form.3` #\ ?<ԍ Id.3 The Commission also noted that this requirement would significantly reduce the processing  ? <burden and increase the accuracy of review by regulatory  ? <authorities and other interested parties.3 #\ ?<ԍ Id.3 Pursuant to the Third  ? <Reconsideration Order, all future rate filings must be made on  ?H <official forms. Cable operators who made a benchmark rate filing on a nonFCC form with the Commission prior to May 15, 1994 must refile within 14 days of May 15, 1994 using an official form, a  ?<photocopy, or a copy generated by Commission software.u@#\ ?p<ԍ Third Reconsideration Order at para 98, 59 FR 17961 (April 15, 1994).u  ?0< III.xPetition x5. Petitioners state that they have clients and members who, in response to cable programming service rate complaints, filed nonFCC Form 393s with the Commission prior to May 15,  ?<1994.8 #\ ?@<ԍ Petition at 1.8 Petitioners assert that the computergenerated version used by their clients and members, which was created by Economists, Inc., is identical to the official form, except for a  ?p<slight difference in font.: p( #\ ?(#<ԍ Petition at 23.:  ?8<  ?<x6.` ` Petitioners state that the Commission's reason for requiring operators to refile thus does not apply to those who used the Economists, Inc. form and that this particular  ?X<substitute FCC Form 393 poses no processing or review"X 0*(( "  ?<difficulties.7 #\ ?X<ԍ Petition at 3.7 Accordingly, they state that requiring them to refile would be inconsistent with the FCC's policy of facilitating access to government and the requirements of the  ?X<Paperwork Reduction Reauthorization Act of 1986.a XX#\ ?@<ԍ Petition at 34. See 44 U.S.C.A. 101, 3501, 3505.a  ?< IV.xDiscussion  ?x<x7.` ` The waiver request reveals that many cable operators have made use of the Economists, Inc. form. Petitioners state that Economists, Inc. has supplied approximately 500 copies of  ?<the computergenerated form to 500 different cable companies.8 #\ ?H <ԍ Petition at 4.8 In view of the unique widespread availability of this particular form, we believe the public interest would best be served by grant of petitioners' waiver request. The grant, of course, is dependent entirely on the fact that careful review of the Economists, Inc. form establishes that it is virtually identical in appearance, format and function to the official form. The data pages are complete as to page and line numbers, data entries, data descriptions and other instructions, and also match the sequence, arrangement, pagination and general appearance of the official form; nothing is omitted. To facilitate review, data boxes and shading are virtually identical. Further, the mathematical calculations performed by the Economists, Inc.  ?<software appear to match those of the official form,@x#\ ?<ԍ We would note, however, that the Economists, Inc. spreadsheet appears to make cost and revenue allocations based solely on the distribution of subscribers. While this may be a valid assumption in many cases, it is not universally appropriate. Operators who wish to use this program should therefore carefully consider whether these and any other assumptions built into the program reasonably reflect their particular situations. and are protected from accidental manipulation. For these reasons, the Economists, Inc. spreadsheet adequately addressed our concerns regarding the burdens which would otherwise be encountered by the Commission in reviewing substitute FCC Form 393s. These burdens include verifying that nothing from FCC Form 393 has been omitted; locating data for review; ensuring that cable operators are given substantially the same text as appears on FCC Form 393; and verifying that the form will ordinarily perform the correct calculations.  ?<x8.` ` This waiver covers all cable operators who have used Economists, Inc.'s version of FCC Form 393 to make a rate"X 0*(( " justification with the Commission. Although petitioners represent a limited number of parties, we believe that applying the waiver to all cable operators who used Economists, Inc.'s spreadsheet will best serve subscribers, cable operators, and the Commission by reducing the amount of paperwork involved in reviewing rates. In addition, this is consistent with our own policies and the Paperwork Reduction Reauthorization Act of 1986. Thus, cable operators who have filed with the Commission a completed FCC Form 393 using a version supplied by Economists, Inc. will not be required to refile on an official form or photocopy of an official form within 14 days of May 15, 1994. However, we will require cable operators to notify the Commission in writing by May 29, 1994 that their filing was made on an Economists, Inc. form. In doing so, cable operators are to include sufficient identifying information that the Commission may easily associate the notification with the pertinent rate justification. Such identifying information must include, at a minimum, the community name and community unit identifier number of the cable system about which a complaint has been received and the date on which the cable operator filed an Economists, Inc. form with the Commission. Cable operators who filed with the Commission an unofficial FCC Form 393 that was not supplied by Economists, Inc. must still refile within 14 days of May 15, 1994. In addition, subsequent filings that use the Economists, Inc. spreadsheet must clearly identify themselves as having used that particular spreadsheet and version of the spreadsheet.  ?<x9.` ` We note that our approval of the Economists, Inc. spreadsheet applies only to filings with the FCC. We are concerned that some cable operators failed to include accompanying instructions, explanations, benchmark tables, and other supporting information when they filed an official FCC Form 393 or one generated by Economists, Inc.'s spreadsheet with local  ?<franchising authorities. In order to ensure that they have all materials necessary to properly understand and coordinate a benchmark rate justification, local franchising authorities still have the option of requiring filings to be refiled on official  ?<FCC Forms 393.X#\ ?@<ԍ See Third Reconsideration Order at para. 98, 59 FR 17961 (April 15, 1994).  ?x< V.xOrdering Clause  ? <x10. ` ` Accordingly, IT IS ORDERED, that the petition for waiver filed by petitioners IS GRANTED to the extent indicated herein.  ?(#<x11.` ` IT IS FURTHER ORDERED that petitioners' clients and/or members, and other cable operators, who have filed with the"#0*(( +" Commission a completed FCC Form 393 using a spreadsheet program supplied by Economists, Inc. will not be required to refile on an official form or photocopy of an official form within 14 days of May 15, 1994.  ?<x12.` ` IT IS FURTHER ORDERED that such cable operators shall notify the Commission in writing by May 29, 1994 that their filing was made on an Economists, Inc. form. This action is taken by the Chief, Cable Services Bureau, pursuant to 47 C.F.R.  0.321. x` `  hh@CABLE SERVICES BUREAU x` `  hh@Alexandra M. Wilson Acting Chief, Cable Services Bureau