FOR FCC RECORD ONLY $//Viacom Cable, Healdsburg, CA, Order on Reconsideration, DA 95-354 $76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-354 In the Matter of ) ) CUID Nos. CA0110, CA0111, CA0112, Viacom Cable ) CA1513 Sonoma, California, System ) ) Benchmark Filings to Support ) Cable Programming Service Prices ) Order on Reconsideration Adopted: February 24, 1995 Released: February 24, 1995 By the Chief, Cable Services Bureau: 1. We here reconsider on our own motion our decision in Viacom Cable, Sonoma, California, CUID Nos. CA0110, CA0111, CA0112, and CA1513, DA 95-273 (Cab. Serv. Bur., released Feb. 21, 1995), pursuant to Section 1.108 of the Commission's Rules, 47 C.F.R.  1.108. Specifically, we reconsider the determination of the maximum reasonable rate for Healdsburg, California, CUID No. CA0111, and the determination that the refund for CUID No. CA0111 is such a de minimis amount that it would not serve the public interest to order a refund. 2. Due to a mathematical error in processing Viacom Cable's FCC Form 393 for CUID No. CA0111, the maximum reasonable rate was incorrectly stated on Appendix B to be $11.05. The correct maximum reasonable rate is $10.86. Since the actual rate for CUID No. CA0111 was $11.08, the required refund is $.22 per subscriber per month. 3. We conclude that the required refund is not such a de minimis amount that it would not serve the public interest to order a refund. We will therefore order appropriate refunds 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. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaint filed on November 15, 1993 against the cable programming service price charged by Viacom Cable in Healdsburg, California, CUID No. CA0111, and all other complaints in this franchise area related to the same price, ARE GRANTED TO THE EXTENT INDICATED HEREIN. 5. IT IS FURTHER ORDERED that the benchmark filing submitted by Viacom Cable with respect to Healdsburg, California, CUID No. CA0111, for the period from November 15, 1993 to May 14, 1994, justifies a maximum reasonable price of $10.86 (plus franchise fee) for Viacom Cable's cable programming service tier. 6. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's Rules, 47 C.F.R.  76.961, that Viacom Cable shall refund to subscribers in Healdsburg, California, CUID No. CA0111, that portion of the amounts paid for cable programming service from November 15, 1993 to May 14, 1994 which exceeded $10.86 (plus franchise fee) per month and was thus unreasonable, plus interest to the date of the refund. 7. IT IS FURTHER ORDERED that Viacom Cable shall promptly determine the overcharges to CPS subscribers for the stated periods, 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. 8. 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 Viacom Cable shall, within 30 days of the release of this Order, revise its Form 1200 filing with respect to Healdsburg, California, CUID No. CA0111, 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 $10.86 (plus franchise fee). 9. IT IS FURTHER ORDERED that Viacom Cable shall place into effect, within 30 days after its submission of the revised Form 1200 filing required above, a price that reflects the reduction in the CPS rate determined in this Order. 10. IT IS FURTHER ORDERED, pursuant to Section 76.960 of the Commission's rules, 47 C.F.R.  76.960, that Viacom Cable shall not be required to obtain advance Commission approval of adjustment to its CPS price for one year following the release of this Order. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau