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The first valid CPS complaints were completed and served on Operator on October 13, 1993 for CUID No. MI0029, and on October 8, 1993 for CUID No. MI0136. The Commission received the complaints on October 18, 1993 for MI0029, and on October 8, 1993 for CUID No. MI0136. x5. Operator attempted to justify its CPS prices through separate FCC Forms 393 filed on November 15, 1993 for CUID Nos. MI0029 and MI0136. Operator amended its justifications for CUID Nos. MI0029 and MI0136 on February 7, 1995, in response to a Cable Services Bureau Public Notice offering operators the opportunity to make optional  Y -supplemental filings.  M Y| -#Xw PE37}XP##Xw PE37}XP#э Public Notice: Cable Services Bureau Announces Optional Procedures with Respect to  Yg -Pending PreMay 15 Benchmark Cases, DA 941556 (Dec. 29, 1994); see also Public Notice: Cable Services Bureau Announces Extension of Time to File Under Optional  Y;-Procedures Plan with Respect to Pending PreMay 15 Benchmark Cases, DA 9587 (Jan. 20, 1995).   X - Discussion  x6. Operator asserts that its monthly CPS tier prices of $12.33 in CUID No. MI0029 and $10.98 in CUID No. MI0136 are justified by its benchmark filings because its prices are less than the maximum permitted charges calculated in the filings. Upon review of Operator's filings, we have found the following errors that require a recalculation of Operator's maximum permitted CPS prices: x` ` a. In Line 3 of Step A of Part III of its FCC Form 393, Operator did not Xxcorrectly calculate its customer equipment and installation costs using the percentages of total maintenance and installation costs stated on Line 2. We therefore adjusted Line 3 to equal the percentages stated on Line 2 of the total costs entered on Line 1, and adjusted subsequent steps accordingly. (# x` ` Xx` ` b. In Columns A, B, C and D of Worksheet 1 of Part II of its FCC Forms 393, Operator completed information for four separate tiers although its rate cards showed only two tier offerings consisting of basic and CPS programming with related charges. Accordingly, Worksheet 1 was adjusted to reflect only the two tiers and to include tier channels and tier charge information consistent with the rate cards. (# Xx` ` c. Operator's Form 393, Worksheet 1, Line 104 entries do not represent its current monthly equipment revenue as of the initial date of regulation. Since Operator restructured its rates, including its equipment rates, on September 1, 1993, in an attempt to comply with the Commission's regulations, the monthly equipment cost figures it entered on Line 34 of Step G of Part III should have been close or"!# 0*0*0*""  Y-identical to its Line 104 entries. M Yy-ԍ See Questions and Answers on Completion of FCC Form 393 and Associated Filing  Yd-Requirements, Question and Answer No. 7 (released Nov. 10, 1993) ("Where operators have restructured equipment rates as of September 1, 1993 in accordance with our regulations... operators will enter on Line 104 the same, or nearly the same, number as on Line 301.").  However, Operator's entries on Line 104 differed substantially from its entries on Line 34. We therefore adjusted Line 104 to equal the  Y-amounts entered on Line 34, as adjusted pursuant to paragraph 6a, supra.(# x7. Because of these errors, we conclude that Operator has failed to demonstrate that its prices for the CPS tier were not unreasonable. We will therefore set prices for this tier, incorporating the adjustments discussed above. In doing so, we must also recalculate the Inflation Adjustment Factor in Form 393, Part II, Worksheet 1, on the basis of the most  YJ-accurate data currently available for the date for which Operator filed. J8M Y3-ԍ See 47 C.F.R.  76.922(b)(9)(iii)(if a cable operator fails to justify its rates, rates must be adjusted in accordance with the most accurate data available at the time of analysis). On its Forms 393, Operator entered 13 months on Line 124, indicating that it calculated the Inflation Adjustment Factor through October 1993. On July 29, 1994, the U.S. Department of Commerce released corrected inflation data including Gross National Product Price Index (GNPPI) figures of 122.3 for the third quarter of 1992 and 125.7 for the third quarter of 1993. Using these GNPPI figures, we calculate an Inflation Adjustment Factor through October 1993, the base date Operator used in justifying its rates, of 1.030. x8. These adjustments have the cumulative effect of reducing the maximum permitted monthly CPS tier prices from $12.42 and $11.07 per month (as Operator calculated) to $12.17 and $10.56 per month for Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, respectively.  X-     Conclusions x9. Upon review of the record herein, we conclude that Operator's showings support maximum reasonable CPS tier prices of $12.17 and $10.56 per month (plus franchise fee) for Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, respectively, for the period October 18, 1993 to May 14, 1994 for CUID No.  Y-MI0029, and for the period October 8, 1993 to May 14, 1994 for CUID No. MI0136.xM Y"-ԍ#Xw PE37}XP# This finding is based solely on the representations of Operator listed in paragraph 5,  Y#-supra, and the modifications described in paragraphs 6 and 7, supra. Should information come to our attention that these representations were materially inaccurate, we reserve the right to take appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation or argument made by any party to this  Y&-proceeding not specifically addressed herein.#x6X@`7X@#ѝ 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"g0*0*0*]" they paid in excess of a reasonable price. x10. We further conclude that Operator must reflect in its Form 1200 rate filings for the period after May 14, 1994 the fact that Operator's prices during the earlier period were  Y-unreasonable.JM Y-ԍ#Xw PE37}XP# We reviewed Operator's Form 1200 rate filings and confirmed that Operator calculated its rates for the period after May 14, 1994 using the rates that we find in this Order to be  Y-unreasonable.#x6X@`7X@#J We reserve the right to make further adjustments to Operator's prices for the period after May 14, 1994, upon completion of our review of Operator's FCC Form 1200 rate filings. x11. We further conclude that Operator has submitted in good faith timely optional  Y1-supplemental filings in response to our December 29, 1994 Public Notice.&1KM Y-- #Xw PE37}XP#э Public Notice: Cable Services#Xw PE37}XP# Bureau Announces Optional Procedures with Respect to  Y-Pending PreMay 15 Benchmark Cases, DA 941556 (Dec. 29, 1994). & As provided in the Public Notice, we will relieve Operator of its obligation to obtain advance Commission approval of adjustments to its CPS prices for one year following the release of this Order. x12. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaints against the cable programming service prices charged by Operator in Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, ARE GRANTED TO THE EXTENT INDICATED HEREIN. x13. IT IS FURTHER ORDERED that the benchmark filings submitted by Operator with respect to Sault Ste. Marie, Michigan, CUID No. MI0029, for the period of October 18, 1993 to May 14, 1994; and Calumet, Michigan, CUID No. MI0136, for the period of October 8, 1993 to May 14, 1994, justify maximum prices of $12.17 and $10.56 per month (plus franchise fee) for Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, respectively, for the cable programming service tier. x14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's Rules, 47 C.F.R.  76.961, that Operator shall refund to subscribers that portion of the amounts paid for cable programming service from October 18, 1993 (in CUID No. MI0029)  Ye-and October 8, 1993 (in CUID No. MI0136)-eM Y"-ԍ#Xw PE37}XP# Our jurisdiction to order a refund dates from the earliest date a complete and timely  Y#-complaint is filed with the Commission. See 47 C.F.R.  76.961(b).#x6X@`7X@#- to May 14, 1994, that exceeded $12.17 and $10.56 per month (plus franchise fee) for Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, respectively, and was thus unreasonable, plus interest to the date of the refund. x15. IT IS FURTHER ORDERED that Operator shall promptly determine the" 0*0*0* " overcharges to CPS subscribers for the same 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. x16. 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 Operator shall, within 30 days of the release of this Order, revise its Form 1200 filings for Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, 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 each franchise area (plus franchise fee). x17. IT IS FURTHER ORDERED that Operator shall place into effect, within 30 days after submission of the revised Form 1200 filings required above, CPS tier prices for Sault Ste. Marie, Michigan, CUID No. MI0029; and Calumet, Michigan, CUID No. MI0136, that reflect the reductions in the CPS rate determined in this Order. x18. IT IS FURTHER ORDERED, pursuant to Section 76.960 of the Commission's Rules, 47 C.F.R.  76.960, that Operator shall not be required to obtain advance Commission approval of adjustments to its CPS prices for one year following the release of this Order. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Service Bureau