WPCjh 2BJ Courier#|ws BoldXw PE37XPCG Timeset 4_230_1HPLAS4.PRS 4x  @\_)^X@2 6f F Z  #|w",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`LHP LaserJet 4_230_1HPLAS4.PRS 4Xw PE37\_)^XP X X` hp x (#%'0*,.8135@8:><q*"xxxxWWxxxWWkkxxx><q*"xxxxWWxxxWWkkxxx&-on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking,  Y)'-MM Docket No. 92266, FCC 9438, 9 FCC Rcd 4119 (1994) ("Second Order on  Y(-Reconsideration"), the maximum permitted CPS price determined herein might also apply from May 15, 1994 until the date on which Sammons implemented its CPS price under the"(0*0*0*0)"  Y-new regulations.  See para. 3, infra. Furthermore, to the extent that the price for the period ending May 14, 1994 is found to be excessive, reductions in Sammons' price for the period after May 14, 1994 may be required to reflect the fact that Sammons' price during the earlier period, which is used as the starting point to calculate its price for the prospective  Y6-period, was unreasonable. See 47 C.F.R.  76.922(b)(4)(C).#x6X@`72X@#R"!!0*0*0*""Ԍ Y-ԙx2. Under the Cable Television Consumer Protection and Competition Act of 1992,! Y- X Ѝ#Xw PE37XP# Pub. L. No. 102385, 106 Stat. 1460 (1992); Communications Act,  623(c), as  Y-amended, 47 U.S.C.  543(c) (1993). and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review CPS prices upon the filing of a valid complaint. The filing of a valid complaint triggers an  Y-obligation on behalf of the cable operator to file a justification of its CPS prices.vfY Y- X Ѝ#Xw PE37}XP# 47 C.F.R.  76.956.v Under our rules, an operator may attempt to justify its prices through either a benchmark showing or a  Y-costofservice showing.yY YU - X Ѝ#Xw PE37}XP# 47 C.F.R.  76.956(b).y In either case, the operator has the burden of demonstrating that its  Yv-CPS prices are not unreasonable.ivY Y - X Ѝ#Xw PE37}XP# Id.i  YH-x3. The Commission's original rate regulations took effect on September 1, 1993.BH{Y Yt- X Ѝ#Xw PE37}XP# Order in MM Docket No. 92266, Implementation of Sections of the Cable Television  Y_-Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042 (Aug. 2, 1993).B  Y1-The Commission subsequently revised its rate regulations effective May 15, 1994.1 Y Y- X Ѝ#Xw PE37}XP# 47 C.F.R.  76.922(b). Operators with valid CPS complaints filed against them prior to May 15, 1994 must demonstrate that their CPS prices were in compliance with the Commission's initial rules from the time the complaint was filed through May 14, 1994, and that their prices were in  Y -compliance with the revised rules from May 15, 1994 forward. Y Y9- X Ѝ#Xw PE37}XP# See Second Order on Reconsideration, 9 FCC Rcd at 4190, paras. 150152. Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark showing must  Y -complete and file FCC Form 393.i fY Y- X Ѝ#Xw PE37}XP# Id.i Generally, to justify their prices for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200  Yy-series. yY YC"- X Ѝ#Xw PE37}XP# 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n.195."y 0*((h"  X- Procedural Matters   Y-x4. The complaint was served on Sammons on January 17, 1994.d Y YK-P The complaint states that it was mailed to Sammons on January 17, 1994. PSammons has not complied with 47 C.F.R.  76.956(a), which requires it to state Pwhen service occurred. Under these circumstances, we will consider January 17, P1994 as the service date.d The Commission received the complaint on January 21, 1994.  Y-x5. Sammons attempted to justify its CPS price through an FCC Form 393 filed on February 25, 1994 in response to the complaint. Sammons amended its justification on June 24, 1994 in response to a Cable Services Bureau Order citing common deficiencies observed  YH-in benchmark filings generally. H4Y Y--P Cable Operators' Rate Justification Filings, DA 94526, 9 FCC Rcd 7752 P(Cab. Serv. Bur. 1994). On December 27, 1994, Sammons responded to a  Y1-Commission letter, which requested further clarification of Sammons' showing. 1Y Y-P Letter from Julia Buchanan, FCC, to Cody Colquitt, Sammons PCommunications, Inc. (December 20, 1994). Sammons also submitted information on February 6, 1995 in response to a Cable Services Bureau  Y -Public Notice offering operators the opportunity to make optional supplemental filings. j Y Y-XP Public Notice: Cable Services Bureau Announces Optional Procedures with IIIIII Y -Respect to Pending PreMay 15 Benchmark Cases, DA 941556 (Dec. 29, 1994); see    also Public Notice: Cable Services Bureau Announces Extension of Time to File Under  Y-Optional Procedures Plan with Respect to Pending PreMay 15 Benchmark Cases, DA 9587 (Jan. 20, 1995).   X - Discussion   Y -x6. In its amended benchmark filing of June 24, 1994, Sammons calculated a maximum permitted rate for the CPS tier of $7.93 per month (plus franchise fee). Upon review of this filing, we have found no apparent errors that would require a recalculation of this maximum permitted rate. However, Sammons' actual monthly charge for its CPS tier was $8.08 (plus franchise fee). Thus, Sammons has failed to demonstrate that the actual charge for its CPS tier was at or below the maximum permitted rate.  X-  Conclusions  Y-   Y- 7. Upon review of the record herein, we conclude that Sammons' showing supports a maximum reasonable CPS tier price of $7.93 per month (plus franchise fee) for the period"0*(("  Y-January 21, 1994 to May 14, 1994.>xY Yy-P This finding is based solely on the representations of Sammons listed in  Yb-Pparagraph 5, supra. Should information come to our attention that these Prepresentations were inaccurate in any material way, we reserve the right to take Pappropriate action. This Order is not to be construed as a finding that we have Paccepted as correct any specific entry, explanation or argument made by any party to Pthis proceeding not specifically addressed herein.> We further determine that we will order an appropriate refund pursuant to Section 76.957 of the Commission's Rules, 47 C.F.R.  76.957, in order to reimburse subscribers for the amount they paid in excess of a reasonable price.   Y-x 8. We further conclude that Sammons must reflect in its Form 1200 rate filing for the period after May 14, 1994 the fact that Sammons' price during the earlier period was  Yv-unreasonable.vY Y/-P We reviewed Sammons' Form 1200 rate filing and confirmed that Sammons Pcalculated its rates for the period after May 14, 1994 using the rate that we find in Pthis Order to be unreasonable. We reserve the right to make further adjustments to Sammons' price for the period after May 14, 1994, upon completion of our review of Sammons' FCC Form 1200 rate filing.  Y -x9. We further conclude that Sammons has submitted in good faith a timely optional  Y -supplemental filing in response to our December 29, 1994 Public Notice. Y Y?-P Public Notice: Cable Services Bureau Announces Optional Procedures with  Y*-PRespect to Pending PreMay 15 Benchmark Cases, DA 941556 (Dec. 29, 1994). As provided in the Public Notice, we will relieve Sammons of its obligation to obtain advance Commission approval of adjustments to its CPS price for one year following the release of this Order.  Y -x 10. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the January 17, 1994 complaint against the cable programming service price charged by Sammons Communications, Inc. in Mansfield, Texas, CUID No. TX0550, IS GRANTED TO THE EXTENT INDICATED HEREIN.  Y4-x 11. IT IS FURTHER ORDERED that the benchmark filing submitted by Sammons Communications, Inc. with respect to Mansfield, Texas, CUID No. TX0550, for the period of January 21, 1994 to May 14, 1994, justifies a maximum price of $7.93 per month (plus franchise fee) for Sammons Communications, Inc.'s cable programming service tier.  Y-x 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's Rules, 47 C.F.R.  76.961, that Sammons Communications, Inc. shall refund to subscribers") 0*(("  Y-that portion of the amounts paid for cable programming service from January 21, 1994Y Yy-P Our jurisdiction to order a refund dates from the earliest date a valid complaint   Pis filed with the Commission. 47 C.F.R.  76.961(b).Pleading.Tech Init I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 TechnicalX01Í ÍXX41Í Í  to May 14, 1994, that exceeded $7.93 (plus franchise fee) per month and was thus unreasonable, plus interest to the date of the refund.  Y-x 13. IT IS FURTHER ORDERED that Sammons Communications, Inc. shall promptly determine the overcharges to CPS subscribers for the stated period, and shall within 30 days of the release of this Order file a report with the Chief, Cable Services Bureau, stating the cumulative refund amount so determined (including franchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval thereof.  Y -x 14. IT IS FURTHER ORDERED, pursuant to Section 76.922(b)(4)(C) of the Commission's Rules, 47 C.F.R.  76.922(b)(4)(C), that Sammons Communications, Inc. shall, within 30 days of the release of this Order, revise its Form 1200 filing with respect to its Mansfield, Texas franchise area, CUID No. TX0550, for the period beginning May 15, 1994, to reduce the monthly charge per tier as of March 31, 1994 for Tier 2 (Line A6b) to equal the maximum price for that franchise area (plus franchise fee).  Yb-x15. IT IS FURTHER ORDERED that Sammons Communications, Inc. shall place into effect, within 30 days after its submission of the revised Form 1200 filing required above, a CPS tier price for its Mansfield, Texas franchise area, CUID No. TX0550, that reflects the reduction in the CPS rate determined in this Order.  Y-x16. IT IS FURTHER ORDERED, pursuant to Section 76.960 of the Commission's Rules, 47 C.F.R.  76.960, that Sammons Communications, Inc. shall not be required to obtain advance Commission approval of adjustments to its CPS price for one year following the release of this Order. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau