WPCϷ 2a BK Z  Courier3|x w RomanTimes New Roman BoldX@HP4M; Local Printer; LPT1tional)HL4MPCAD.PRSx  @\΅X@"i~'K2^$(8<><q*"xxxxWWxxxWWkkxxxktoc 2toc 2;` hp x (#` !(#B` !(#B` hp x (#toc 3toc 3<` hp x (#` !(# ` !(# ` hp x (#toc 4toc 4=` hp x (# !(#  !(# ` hp x (#toc 5toc 5>` hp x (#h!(# h!(# ` hp x (#2?@vٓAOBmtoc 6toc 6?` hp x (#!(#!(#` hp x (#toc 7toc 7@ toc 8toc 8A` hp x (#!(#!(#` hp x (#toc 9toc 9B` hp x (#!(#B!(#B` hp x (#2CDۚEFvindex 1index 1C` hp x (#` !(# ` !(# ` hp x (#index 2index 2D` hp x (#` !(#B` !(#B` hp x (#toatoaE` hp x (#!(# !(# ` hp x (#captioncaptionF 2GlHr+J_Equation Caption_Equation CaptionG endnote referenceendnote referenceH 2f Ϡf 5[M",tB^ f ^;C`ddCCCdCCCCddddddddddCCdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYd4dddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdXXddxxXxdxdxXdddddddD8ddddCdddddp8pHodp8p8dxddddxLxLxddLdLdLddpHp8odddddddodpLpLpLdoddddododxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"ddd9dCCzCdzdoddCdYds]zUvdYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC\   pxtll\tll@\@\`L",tB^ f ^ENluuNNNuNNNNuuuuuuuuuuNNu[pNNNuuNuhhRuANAuh[Nuuuhuuuu=uuuuuNuuuuuuuuAuuuuuhhhhh[A[A[A[AuuuuuuuuuuuuugguuguuguuuuuYAuuu[uuA]u[AuugguY[Yu]OuughguuuuNuuNNNWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNuuuNuccuuuuuuRuuuuRNNu<<uuuuuNuR"uuCuNNNuuuuNuhupcuuuNNNNh[hhh[Ahhuhuuuhh[uhNNuuuuuuuNuhN /;k  PP9~~+k~~KkKk&&pY2ͷ ?< fM  FOR RECORD ONLY $//ORDER Granting Stay in Santa Monica, CA, DA 95981//$ $/76.922 Rates for the basic service tier/$ $/76.923 Rates for equipment and installation/$  ? <$/1.45(d) Request for Stay/$     fM   fM   X-#o\  PC9XP#   / #Xw PE37XP#Before the W FEDERAL COMMUNICATIONS COMMISSIONTWashington, D.C. 20554  Yk-T P  aT<`(##_ pi7-#DA 95981#Xw PE37XP#у  YG -In the Matter of  hh@h)pp x` `  hh@h)  Y -CENTURY SOUTHWEST CABLE @h)  Y - TELEVISION, SANTA MONICA,@h)  Y - CALIFORNIA hh@h) x` `  hh@h)  Y-Request for Stay hh@h)pp  Y-of Cable Services Bureau Order, DA 95123h)  X-T  T  Xa-:ORDER  T  Y3-TP x` ` Adopted: May 1, 1995 Released: May 3, 1995  Y-By the Chief, Cable Services Bureau:  X- I.xIntroduction  Y-x1.` ` On August 18, 1994, Century Southwest Cable Television ("Century") filed with the Commission an appeal of the local rate order adopted by the City of Santa Monica,  Y}-California ("City") on July 19, 1994.}t Y-#Xw PE37XP#э Century also filed an Emergency Petition for Stay of the City's local rate order on August 18, 1994. Century withdrew this stay request on August 23, 1994. In its local rate order, the City established Century's  Yf-rates for basic tier service, associated equipment and installations.fbt Yy"-#Xw PE37XP#эxUnder the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") and the Commission's implementing regulations, local franchising authorities  YK$-may regulate rates for basic cable service and associated equipment. See Cable Television Consumer Protection and Competition Act, Pub. L. No. 102385, 106 Stat. 1460 (1992); Communications Act,  623(b), 47 U.S.C.  543(b). As part of its decision setting Century's basic tier rates, the City found that the channels contained in Century's "Century Select" a la carte package should be included as regulated channels for purposes of the local rate order. The City ordered Century to make refunds or credit subscribers for all"! 0*0*0* "" payments made in excess of the rates for basic service and equipment and installations set"B 0*0*0* "" forth in the local rate order for the period of time between September 1, 1993 and July 14, 1994. The sole issue raised by Century in its appeal of the local rate order centered on the proper regulatory treatment of Century's a la carte package offering."0*0*0*!"Ԍ"0*0*0*!"Ԍ Y-x2.` ` On January 31, 1995, the Cable Services Bureau ("Bureau") denied Century's  Y-appeal. See In the Matter of Century Southwest Cable Television, Santa Monica, California,  Y-DA 95123 (Cab. Serv. Bur., released January 31, 1995)("Century Southwest Cable  Y-Television, Santa Monica, California"). The Bureau held that the City's decision to treat the channels in the Century Select package as regulated channels was consistent with the Bureau's Letter of Inquiry ("LOI") Orders. In particular, the City's action was consistent with the Bureau's LOI Order involving Century Southwest Cable TV's Los Angeles and  Ye-Beverly Hills systems.e Y-#Xw PE37XP#э See Century Southwest Cable Television, Beverly Hills and Los Angeles, California, LOI 9317, DA 941553 (Cab. Serv. Bur., released December 22, 1994).  Y7-x3.` ` On March 2, 1995, Century filed both an Application for Review of the  Y -Bureau's decision in Century Southwest Cable Television, Santa Monica, California, as well as an Emergency Petition for Stay of the Bureau's decision. The City filed an opposition to  Y -Century's Emergency Petition for Stay on March 9, 1995.hv d Y -#Xw PE37XP#э On March 14, 1995, Century filed a Petition for Waiver of the Commission's Rules of Practice, in which it requested that the Commission waive 1.45(d) of its rules and consider Century's Limited Reply in Support of Emergency Petition for Stay which it attached to its waiver request. Century's Petition for Waiver of the Commission's Rules is denied, however, we note that the arguments contained in Century's Limited Reply in Support of Emergency Petition for Stay would not have changed the decision as set forth in this Order. h In its stay request, Century  Y -submits that it satisfies the legal standard for the granting of a stay and is, therefore, entitled  Y -to a stay of the Bureau's decision.t  Y-#Xw PE37XP#э See paragraph 4, infra.t  X- II.xStandard of Review  Yj-x4.` ` The Commission evaluates petitions for stay under well settled principles. To support a stay, petitioners must demonstrate: (1) that they are likely to prevail on the merits;  Y<-(2) that they will suffer irreparable harm if a stay is not granted; (3) that other interested parties will not be harmed if the stay is granted; and (4) that the public interest favors the  Y-granting of a stay.bU  Y!-#Xw PE37XP#э See Wisconsin Gas Co. v. FERC, 758 F. 2d 669, 67374 (D.C. Cir. 1985) (per curiam); Washington Metropolitan Area Transit Comm'n v. Holiday Tours, Inc., 559 F.2d 841, 84243 (D.C. Cir. 1977); Virginia Petroleum Jobbers Ass'n v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958).b As discussed below, resolution of this stay petition centers primarily on the strength of Century's argument regarding the third prong of this test. x  X- "0*(("  X-III.xDiscussion  Y-x 5 .` ` The Commission's rules permit operators to implement refunds using either of the following methods: (1) by returning overcharges directly to those subscribers who actually paid the overcharges; or (2) by means of a prospective percentage reduction in the rates for the basic service tier or associated equipment for current subscribers via a  Yv-specifically identified, onetime credit.iv Y-#Xw PE37XP#э 47 C.F.R. 76.942(d).i Thus, the Commission's rules are structured so that individuals who were actually overcharged might not receive refunds in the future. Thus, a delay in the implementation of the refunds owed by Century will not harm any interested party, since if Century must implement refunds, it can choose to do so by way of credits to the thencurrent class of subscribers.  Y -x6.` ` A stay of the Bureau's Order in Century Southwest Cable Television, Santa  Y -Monica, California would prevent Century from being subjected to the irreparable economic harm it could face by issuing refunds to subscribers that it may not later recoup. Accordingly, given our findings herein, we will grant Century's request that the Bureau's  Y-Order in Century Southwest Cable Television, Santa Monica, California be stayed pending full review of Century's Application for Review. During the period of this stay, Century must deposit in an interestbearing escrow account the total amount of money that the City has ordered Century to refund to its customers. Alternatively, Century may elect to post a bond for the benefit of the City. The amount of the bond shall be the total amount of money that the City has ordered Century to refund to its customers, plus interest on that amount for a twelve (12) month period from the date of this Order. The bond shall provide that if Century is unable to fulfill its refund obligations for any reason, then the surety will fulfill that obligation to the City, on behalf of Century's subscribers. x  X- IV.xOrdering Clauses  Y-  Y-x7.` ` Accordingly, IT IS ORDERED that the Emergency Petition for Stay filed by  Yl-Century is GRANTED pending the resolution of Century's Application for Review on the  YV-merits.  Y(-x8.` `  IT IS FURTHER ORDERED that the total amount of money that the City  Y-has ordered Century to refund to its customers SHALL BE PLACED by Century in an  Y-interestbearing escrow account, OR SHALL BE SECURED by the posting of a bond for the benefit of the City for the total amount of money that the City has ordered Century to refund to its customers, plus interest on that amount for a twelve (12) month period from the date of this Order. Proof of Century's compliance with this Order shall be filed with the Commission within thirty (30) days of the release of this Order. Interest shall accrue, or be computed, at the prevailing U.S. Internal Revenue Service Rate for tax refunds and additional tax payments."s$y0*((%"Ԍ Y-ԙx9.` ` This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. 47 C.F.R. 0.321. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau