WPC8] 2BJ Z Courier3|xCG Times BoldX@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oeX@2 6F v3|xCourierCG Times907_1HPLAS4SI.PRSx  @\iX@a8DocumentgDocument Style StyleXX` `  ` 2=pRkk-a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2votY a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2  o  a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h 22   Y 2 a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2d 4Ba1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2"o1a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 2 3oea8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:><q*"xxxxWWxxxWWkkxxx 0*(("  Y-on Part III, Step G, Line 34.x4 Yy<ԍ#Xw PE37}XP# See Questions and Answers on Completion of FCC Form 393 and Associated Filing 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...operator will enter on Line 104 the same, or nearly the same, number as on  Y-Line 301.").#x6X@`7X@# However, Operator's entries on these two lines differed substantially. Accordingly, we changed Line 104 to equal the figure that appears on Line 34. (#  Y-xb.` ` Because Operator has failed to demonstrate that its price for the CPS tier was Xxnot unreasonable, we must also recalculate the Inflation Adjustment Factor in Form 393, Part II, Worksheet 1. On its Form 393, Operator apparently calculated the Inflation Adjustment Factor using data it relied on when it set its $7.22 CPS price. If based on this data Form 393 indicated that Operator's price was reasonable, then  Y1-Operator would have successfully justified its price under paragraph 94 of the Third  Y -Order on Reconsideration. x4 Y<ԍ#Xw PE37}XP#Third Order on Reconsideration, MM Docket Nos. 92266 and 92262, FCC 9440,  Y-9 FCC Rcd 4316, 4348 (1994).#x6X@`7X@# However, Operator has not shown that its price was reasonable, so we must recalculate the Inflation Adjustment Factor on the basis of the most accurate data for the date Operator was required to file Form 393 for each  Y -franchise area. x4 YC<ԍ#Xw PE37}XP#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). The instructions to FCC Form 393, page 11, require that the Inflation Adjustment Factor be calculated using "the number of whole months from September 30, 1992 to the date you will submit this form."  On July 29, 1994, the U.S. Department of Commerce released corrected inflation data including GNPPI figures of 122.3 for the third quarter of 1992, 125.7 for the third quarter of 1993, and 126.5 for the fourth quarter of 1993. Using these GNPPI figures, we calculate Inflation Adjustment Factors of 1.030 through October 1993 for CUID No. CA0017, 1.034 through December 1993 for CUID No. CA0023, and 1.032 through November 1993 for CUID No. CA1279.(#  XO-  X8-Conclusions x7. Upon review of the record herein, and having incorporated the adjustments discussed above, we conclude that Operator's showing supports a maximum reasonable monthly CPS tier price of $7.19 for CUID No. CA0017, $7.22 for CUID No. CA0023, and $7.21 for CUID No. CA1279 (plus franchise fees) for the period that begins with the date the Commission received the first complete and timely CPS complaint for each franchise"0*(("  Y-area, as listed in Appendix A, to May 14, 1994.xx4 Yy<ԍ#Xw PE37}XP#This finding is based solely on the representations of the cable operator listed in  Yb-paragraph 5, supra, and the modifications described in paragraph 6, 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  Y-party to this proceeding not specifically addressed herein.#x6X@`7X@#џ With respect to CUID Nos. CA0023 and  Y-CA1279, we determine that the refund at issue is such a de minimis amount that it would not serve the public interest to order a refund. With respect to CUID No. CA0017, we will 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. x8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaints referenced in Appendix A against the cable programming service price charged by Cox Cable Santa Barbara, Inc., in CUID Nos. CA0017, CA0023 and CA1279, and all other complaints in these franchise areas relating to the same price, ARE GRANTED TO THE EXTENT INDICATED HEREIN. x9. IT IS FURTHER ORDERED that the benchmark filing submitted by Cox Cable Santa Barbara, Inc., with respect to CUID Nos. CA0017, CA0023 and CA1279, for the period beginning with the receipt by the Commission of a complete and timely complaint for each franchise area covered by this Order (see Appendix A) and ending on May 14, 1994, justifies a maximum monthly price of $7.19 for CUID No. CA0017, $7.22 for CUID No. CA0023, and $7.21 for CUID No. CA1279 (plus franchise fees) for Operator's cable programming service tier. x10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's Rules, 47 C.F.R.  76.961, that Cox Cable Santa Barbara, Inc. shall refund to subscribers in the franchise area designated by CUID No. CA0017 that portion of the amount paid for cable  Y-programming service from September 21, 1993,,x4 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 $7.19 (plus franchise fee) per month and was thus unreasonable, plus interest to the date of the refund. x11. IT IS FURTHER ORDERED that Cox Cable Santa Barbara, Inc. shall promptly determine the overcharges to CPS subscribers in CUID No. CA0017 for the same 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"" 0*((" refund within 60 days of Commission approval thereof. x12. 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 Cox Cable Santa Barbara, Inc. shall, within 30 days of the release of this Order, revise its Form 1200 filings for CUID Nos. CA0017, CA0023 and CA1279 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  Y_-permitted price in each franchise area (plus franchise fee)./_x4 Y<ԍ#Xw PE37}XP#We reserve the right to make further adjustments to Operator's price for the period  Y -after May 14, 1994, upon completion of our review of Operator's Form 1200 filing.#x6X@`7X@#/ x13. IT IS FURTHER ORDERED that Cox Cable Santa Barbara, Inc. shall place into effect, within 30 days after submission of the revised Form 1200 filings required above, CPS tier prices for CUID Nos. CA0017, CA0023 and CA1279 that reflect the reductions in the CPS rate determined in this Order. x14. 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 approval of adjustments to its CPS prices in the franchise areas addressed herein for one year following the release of this Order, due to Operator's having submitted in good faith an optional  Yb-supplemental filing in response to our Public Notice. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Service Bureau "#b0*(($"Ԍ  Y -& APPENDIX A  Y- CUID No.` `  Date First Complaint hppDate Complaint  Yz-x` `  Filed with FCC ppServed on Cox Cable  Y5-CA0017` `  09/21/93hh@hpp09/17/93  Y-CA0023` `  12/30/93hh@hpp12/23/93  Y-CA1279` `  11/23/93hh@hpp11/17/93 "$'0*((P("Ԍ  Y -' APPENDIX B  Y - CUID No.` `  DATE FIRST FORMhppDATE AMENDED FORM  Y-x` `  393 FILEDhh@hpp393 FILED  Yc-CA0017` `  01/12/94hh@hpp02/22/94  YL-CA0023` `  01/12/94hh@hpp03/21/94  Y5-CA1279` `  11/15/93hh@hppNone Filed x` `  hh@