WPCjh 2BJ Courier#|ws BoldCG Times ItalicE37XPCG 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*"xxxxWWxxxWWkkxxxxY 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 Haltom City, Texas, CUID No. TX0576, 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 Haltom City, Texas, CUID No. TX0576, for the period of January 21, 1994 to May 14, 1994, justifies a maximum price of $7.85 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 $7.85 (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 Haltom City, Texas franchise area, CUID No. TX0576, 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 Haltom City, Texas franchise area, CUID No. TX0576, 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