WPCAu 2BJ Z Courier#|xBoldTimes New Roman@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oeX@2 6F . #|x  ЂX` hp x (#%'0*,.8135@8:><q*"xxxxWWxxxWWkkxxx YQ#-ԍ Id.2 Generally, to justify their prices for the period"b 0*((I" beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form  Y-1200 series.  Yb-ԍ 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n.195.  Y-x4. ` ` In addition to complaining about Cablevision's prices for CPS, some of the complaints herein objected to Cablevision's rates for equipment. Rates for equipment that is used to receive the basic tier are regulated as part of the regulation of rates for the basic tier,  Yv-and regulated by local franchising authorities persuant to our rules. vd Y -#Xw PE37}XP##Xw PE37}XP#э Cable Act of 1992, Section 623(b)(3),#Xw PE37}XP# 47 U.S.C. 543 (b)(3). This equipment includes all equipment in a subscriber's home that is used to receive the basic service tier,  YH-regardless of whether such equipment is additionally used to receive a CPS tier. H Y-#Xw PE37}XP#э 47 C.F.R.76.923(a).#Xw PE37}XP#ю When only charges for equipment that is used to receive the basic tier are being challenged, the complaint should properly be brought to the attention of the local franchising authority in the first instance, and not filed with this Commission.  X -  Background   Y -x5. ` ` The Cable Services Bureau has addressed the regulatory status of packages of channels offered on an a la carte basis in several orders resolving letters of inquiry ("LOIs")  Yy-directed to cable operators.y Y-ԍ See  e.g., MultiVision Cable TV, Prince Georges County, Maryland, LOI9315, DA 951352 (Cab. Serv. Bur. 1994). Of particular relevance to this case, the Cable Services Bureau has released orders resolving LOIs regarding Century Cable TV's ("Century") systems in Huntington, West Virginia; Morgantown, West Virginia; Muncie, Indiana; Owensboro,  Y4-Kentucky; Yuma, Arizona; Brunswick, Georgia; and San Juan, Puerto Rico.C4b  YG-ԍ See Century Cable TV, Huntington, West Virginia, LOI9349, DA 941314, 9 FCC  Y2-Rcd 7337 (Cab. Serv. Bur. 1994); Century Cable TV, Morgantown, West Virginia, LOI93 Y-34, DA 941358, 10 FCC Rcd 115 (Cab. Serv. Bur. 1994); Century Cable TV, Muncie,  Y -Indiana, LOI9318, DA 941354, 10 FCC Rcd 99 (Cab. Serv. Bur. 1994); Century Cable  Y -TV, Owensboro, Kentucky, LOI9345, DA 941361, 10 FCC Rcd 127 (Cab. Serv. Bur.  Y!-1994); Century Cable TV, Yuma, Arizona, LOI9339, DA 941360, 10 FCC Rcd 123 (Cab.  Y"-Serv. Bur. 1994); Century Cable TV, Brunswick, Georgia , LOI9344, LOI944, DA 94 Y#-1426 (Cab. Serv. Bur., released Dec. 12, 1994); Cable TV of Greater San Juan, San Juan,  Y$-Puerto Rico, LOI9338, DA 941425 (Cab. Serv. Bur., released Dec. 12, 1994). Relying on"4m0*(("  Y-the Commission's Going Forward Order,m Yy-ԍ See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Sixth Order on Reconsideration, Fifth Report and Order, and  YM-Seventh Notice of Proposed Rulemaking, MM Docket Nos. 92266 and 93215, FCC 94286,  51 (adopted November 10, 1994).m the Bureau's  tJ orders addressed the restructured service offerings implemented in these communities beginning September 1, 1993, in which Century eliminated its CPS tiers and offered instead only a basic service tier and a few a la carte channels. In each of these orders, the Bureau found that Century's restructured service offerings do not constitute a clear evasion of our rate rules. Specifically, the Bureau found that Century did not avoid rate regulation of most of its previous CPS channels because it moved those channels into a rateregulated basic tier. With regard to the other channels, the orders permit Century to treat its a la carte packages as new product tiers that may be priced  YJ-at market levels under the Going Forward Order. x6. Since the LOI orders found that the elimination of Century's CPS tiers did not constitute a clear evasion of rate regulation and those channels not placed on the basic service tier could be treated as a new product tier, there were no CPS tiers in those communities, as of September 1, 1993, that were subject to rate regulation pursuant to Section 76.922 of our rules. Therefore, the Bureau subsequently dismissed all FCC Form  Y -329 complaints filed against Century in each of those seven communities. 8 Y-ԍxSee Century Cable TV, CUID Nos. IN0094, WV0156, WV0378, KY0120, AZ0019,  Y-DA 941422 (Cab. Serv. Bur., released Dec. 12, 1994); Cable TV of Greater San Juan, San  Yj-Juan, Puerto Rico, CUID No. PR0001, DA 941530 (Cab. Serv. Bur., released Dec. 20,  YU-1994); Century Cable TV, Brunswick, Georgia, CUID No. GA0040, DA 941531 (Cab. Serv. Bur., released Dec. 20, 1994).  X}- Discussion  x7. The rate cards and channel lineup cards submitted by MultiVision for each of the subject communities indicate that MultiVision restructured its service offerings in the subject communities on September 1, 1993 in essentially the same way that Century did for the seven areas mentioned above where LOI orders have been issued. MultiVision discontinued its CPS offerings and placed all of its channels into a single basic service tier, except for five channels which it offered on an a la carte basis. In each community, four of the five a la carte channels were previously offered on the basic and CPS tiers, and the fifth channel was  Y-not previously available over MultiVision's system.  Y#-ԍ At the same time, MultiVision also made other changes to its channel lineup, including adding channels that had not previously been offered to the basic tier and, in some communities, deleting a basic tier channel from its system. "0*((}"Ԍx8. We feel that we have sufficient information regarding MultiVision's restructured  Y-offerings in the subject communities to conclude, in accord with the Going Forward Order, that they should be treated the same way that we treated Century's restructured offerings in the seven communities where we issued LOI orders. As in these latter communities, although the instant restructuring resulted in the elimination of Century's CPS tiers, the small number of channels that were offered in the a la carte packages did not constitute an evasion of our then existing rules. Therefore, consistent with the action taken in the LOI orders, we will allow MultiVision to treat its a la carte packages in the subject communities as new  YJ-product tiers even though they would not qualify as new product tiers under the Going  Y5-Forward Order because one of the conditions for a new product tier is that channels may not be removed from a basic service tier or a CPS tier. Thus, we need not rule on the FCC Form 329 complaints filed against MultiVision in the subject communities because there were no CPS tiers subject to rate regulation pursuant to Section 76.922 of our rules as of September 1, 1993. In addition, nothing in these complaints indicates that MultiVision's new  Y -product tiers violate any of the conditions for establishing those tiers outlined in the Going  Y -Forward Order.P  Y(-ԍ We have excused one violation, i.e., migrating channels from rateregulated tiers, in only those situations where, as here, the new product tier is established as an outgrowth of  Y-our change in our a la carte policy. See Going Forward Order at Para. 51. P  X- Conclusion  x9. Accordingly, IT IS ORDERED that the a la carte packages created by ML Media Partners, L.P.,Trading as MultiVision Cable TV in the communities listed in the attached  Y'-Appendix may be treated as new product tiers under our Going Forward Order. x10. IT IS FURTHER ORDERED that all FCC Form 329 complaints pending against the CPS rates of ML Media Partners, L.P.,Trading as MultiVision Cable TV in each of the communities listed in the attached Appendix are DISMISSED. x11. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGregory J. Vogt x` `  hhDeputy Chief, Cable Services Bureau""O0*((#"  Y- XX  #Xw PE37}XP# . APPENDIX ă  XXX   Y-x` `  hh@ 8/31/93   9/1/93  W-x` `  hh@ PreRegulation Post Regulation  Y-X` h X` h  CUID Communityhh Basic Tiers Basic Tiers A la Carte#Xw PE37}XP# h ddx !ddxwZ9 h    &&  CA0308 Catoti   16 X` h  /7!#?&(*G-/1O468W;=@_BDGgIKNoPR 18  /7!#?&(*G-/1O468W;=@_BDGgIKNoPRDh p"$ 'x)+(.0205798<>@@CEGHJLNPQSV 29 Dh p"$ 'x)+(.0205798<>@@CEGHJLNPQSVD!#%L(*,T/14\68 ;d=?BlDFItKM$P|RT,WY 0  5 q w &w&  CA0310yw Hermosa Beachyw  18yw  20yw  38yw  0yw  5q q  &ww&  CA0312 w Manhattan Beach w  18 w  20 w  38 w  0 w  5 q q y &ww&  CA0459[ w Fairfield County[ w  20[ w  15[ w  35[ w  0[ w  5q q   &ww&  CA0479 w Solano County w  20 w  15 w  35 w  0 w  5 q  [  &w&  CA0813 ] Anaheim]  20]  24]  44]  0]  5     &&  CA0914 Villa Park  20  24  44  0  5  ] "0*0*0*:"  W-ax` `  hh PreRegulation Post Regulation  Y- CUID Communityhh Basic Tiers Basic Tiers A la Carte#Xw PE37}XP# | !ddxwZ9 Addxb, |   q ] &w&  ,w ,w ,w ,w ,w ,w q q  w w w w w w q q , w w w w w w q q  w w w w w w q q   w  w  w  w  w  w q q  a w a w a w a w a w a w q q    w  w  w  w  w  w q q a  Cw Cw Cw Cw Cw Cw q     &w&          C