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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:xxxxxPxxxxxxxxxCkkkkkkkkkkPCPCPCPCxxxxxxxxxxkxxxxxxjxjjjxxjxxjxxxxxxxPCxxxxPxxxxCVxHCxxxxxVVx[[[xVCxxxxxxxxjjjxxxxxxPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPkbbxxxxxxTxxxxTPP||x>>xxxxxP|x!T"x}xExPPPxxxxPxkxofxkkPPPPk]kxkPCkkxkxxxkkPxkPPxxxxxxxPxkP8D%nZZB 3nMnMn..s[2It\]TWf }]f h<?xxx,ix6X@`7X@ 8wC;,Xw PE37XPD 7zC;,mXz_ pi7X DPG,J PE37PD BPG,%9_ pi7 V"G($,=hG PE37hP<R&HHH,>K,H6X@`7h@ 6uC;,QXu&_ x7XX ?xxx,/x6Nhez7XH  "i~'K2^$(8<><q*"xxxxWWxxxWWkkxxxxxxxxPxxxxxxxxCxxxxxkkkkk]C]C]C]Cxxxxxxxxxxxxxjjxxjxxjxxxxx[Cxxx]xxC`x]Cxxjjx[][x`RxxjkjxxxxPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPxffxxxxxxTxxxxTPPx>>xxxxxPxT"xxExPPPxxxxPxkxsfxxxPPPPk]kkk]Ckkxkxxxkk]xkPPxxxxxxxPxkP8D%nZZB 3nMnMn..s[",tB^ f ^;C`ddCCCdCCCCddddddddddCCdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYd4dddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdXXddxxXxdxdxXdddddddD8ddddCdddddp8pHodp8p8dxddddxLxLxddLdLdLddpHp8odddddddodpLpLpLdoddddododxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"ddd9dCCzCdzdoddCdYds]zUvdYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC\   pxtll\tll@\@\`L2{t F FOR FCC RECORD ONLY $//Battlefield Cable, Fort Oglethorpe, GA, MO&O, DA 951035//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$#Xw PE37XP#  c<Ԋ E#Xz_ pi7mX#Before the 8 Federal Communications Commission  Washington, D.C. 20554  X-2* DA 95 1035(#U  Y{ -#Xw PE37XP#In the Matter of hh,V)pp  Yd -` `  hh,V)  YM -Battlefield Cable Companyhh,V)CUID No. GA0068, Fort Oglethorpe  Y6 -` `  hh,V)  Y-Benchmark Filing to Supporthh,V)  Y-Cable Programming Service Pricehh,V)  Y- Memorandum Opinion and Order ă  Y-` ` Adopted: May 4, 1995 VReleased: May 9, 1995 By the Chief, Cable Services Bureau:  I. A. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)1. Here we consider complaints about the price that the abovecaptioned operator ("Operator") was charging for its cable programming service ("CPS") tier in Fort Oglethorpe, Georgia. Operator has chosen to attempt to justify its price through a benchmark showing on FCC Form 393. This Order addresses the reasonableness of Operator's price only through May 14, 1994. At a later date we will issue a separate order  Y-addressing the reasonableness of the price after that date.* g Y@<ԍ#XR  P7jQXP# The findings in this Order do not in any way prejudge the reasonableness of the price for CPS service after May 14, 1994 under our new rate regulations. However, to the extent Operator has sought to take advantage of the refund deferral period under the Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed  Y!-Rulemaking, MM Docket No. 92266, FCC 9438, 9 FCC Rcd 4119 (1994) ("Second Order  Y"-on Reconsideration"), the maximum permitted CPS price determined herein might also apply from May 15, 1994 until the date on which Operator #XR  P7jQXP#implemented its CPS price under the  Y$<new regulations. See para. 3, infra.#x6X@`7iX@# #XR  P7jQXP#Further, to the extent that the price as of March 31, 1994 is found to be excessive, reductions in Operator's price for the period after May 14, 1994 may be required to reflect the fact that Operator's price during the earlier period, which is used as the starting point to calculate its price for the prospective period, was  YI(-unreasonable.  See 47 C.F.R.  76.922(b)(4)(C).* " 0*0*0*"Ԍ Y-  2. Under the Cable Television Consumer Protection and Competition Act of 1992,F Yy<ԍ #XR  P7jQXP#Pub. L. No. 102385, 106 Stat. 1460 (1992); Communications Act,  623(c), as  Yb-amended, 47 U.S.C.  543(c) (1993). #Xx6X@DQiX@# and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review CPS price upon the filing of a valid complaint. The filing of a valid complaint triggers an  Y-obligation on behalf of the cable operator to file a justification of its CPS price.mF Yb<ԍ#XR  P7jQXP# 47 C.F.R.  76.956.m Under our rules, an operator may attempt to justify its price through either a benchmark showing or a  Y-costofservice showing.jyF Y<ԍ#XR  P7jQXP# 47 C.F.R.  76.956(b).j In either case, the operator has the burden of demonstrating that its  Y-CPS price are not unreasonable.Z*F Y <ԍ#XR  P7jQXP# Id.Z  Yv-3. The Commission's original rate regulations took effect on September 1, 1993.vF Y <ԍ#XR  P7jQXP# Order in MM Docket No. 92266, Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042 (Aug. 2, 1993).  Y_-The Commission subsequently revised its rate regulations effective May 15, 1994.|_` F Yp<ԍ#XR  P7jQXP# 47 C.F.R.  76.922(b).| Operators with valid CPS complaints filed against them prior to May 15, 1994 must demonstrate that their CPS price were in compliance with the Commission's initial rules from the time the complaint was filed through May 14, 1994, and that their price were in  Y -compliance with the revised rules from May 15, 1994 forward.  F Y<ԍ#XR  P7jQXP# See Second Order on Reconsideration, 9 FCC Rcd at 4190, paras. 150152. Operator is attempting to justify their price for the period prior to May 15, 1994 through a benchmark showing must  Y -complete and file FCC Form 393.Z F YJ<ԍ#XR  P7jQXP# Id.Z Generally, to justify their price for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200  Y -series.  wF Y<ԍ#XR  P7jQXP# 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n.195.  Yy- 4. The first complete and timely complaint was served on Operator on September 15, 1993 and received by the Commission on September 20, 1993. Operator filed FCC Form 393 in response. 5. In its benchmark filing, Operator calculated a maximum permitted CPS rate of $12.07 per month (plus franchise fee). Operator's actual monthly charge for its CPS tier was $12.46 (plus franchise fee). Thus, Operator has failed to show that its rate for the CPS tier was not unreasonable. Furthermore, upon review of Operator's Form 393 filing, we" 0*((" have found that it has not correctly calculated its maximum permitted price, and it is therefore appropriate to make the following adjustment to Operator's calculations in Form 393:  Y1-X` ` On its Form 393 filing, Operator calculated the Inflation Adjustment Factor (#(# Y -(Line 127, Worksheet 1, Part II) as of the end of January 1994. However, Operator (#(#cannot permissibly calculate inflation through the end of January 1994. Based on the ## Y -service date of the earliest valid complaint, Operator was required to file a rate (#(# Y -justification no later than November 15, 1993. If Operator had filed FCC Form 393 (#(# Y -by that date, the instructions to Form 393 would have required it to calculate the (#(# Y -inflation adjustment only through October 1993.  F Y <ԍ #Xw PE37XP#FCC Form 393, page 11, instructions for Line 124 (Inflation Adjustment Factor is calculated using "the number of whole months from September 30, 1992 to the date you will submit this form"). Operator cannot be permitted to (#(# Y-claim an additional inflation adjustment simply because it filed Form 393 late. We (#(# Yy-must therefore recalculate the Inflation Adjustment Factor on the basis of the most (#(# Yb-accurate data currently available for the date that Operator should have filed Form (#(# YK-393. KKF YG<ԍ #XR  P7jQXP#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 July 29, 1994, the 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 should have used in justifying its rate, of 1.030.(#  Y-    Y-6. Upon review of the record herein, and having incorporated the adjustment discussed above, we conclude that Operator's showing justifies a maximum reasonable CPS tier price of $11.95 per month (plus franchise fee) for the period from September 20, 1993  Y|-to May 14, 1994.t v|F Y"<ԍ #Xx6X@DQiX@##XR  P7jQXP#This finding is based solely on the representations of Operator and the modification described herein. Should information come to our attention that these  Y#-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 proceeding not specifically  Y&-addressed herein.t "e% 0*((]"Ԍ Y-7. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint referenced herein against the cable programming service price charged by Operator in Fort Oglethorpe, Georgia, and all other complaints relating to the same price, ARE GRANTED TO THE EXTENT INDICATED HEREIN.  Yv-8. 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 in Fort Oglethorpe, Georgia that portion of the amount paid for cable programming service for the period from  Y1-September 20, 19931F Y <ԍ#XR  P7jQXP# Our jurisdiction to order a refund dates from the earliest date a valid complaint is filed with the Commission. 47 C.F.R.  76.961(b). to May 14, 1994 which exceeded $11.95 (plus franchise fee) per month, plus interest to the date of the refund.  Y -9. IT IS FURTHER ORDERED that Operator shall promptly determine the overcharges to CPS subscribers for the stated 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 refund within 60 days of Commission approval of the plan.l  YK- 10. 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 filing with respect to Fort Oglethorpe, Georgia for the period beginning May 15, 1994, to reduce the monthly charge per tier as of March  Y-31, 1994 for Tier 2 (Line A6b) to equal $11.95 (plus franchise fee).1bF Y<ԍ#XR  P7jQXP# 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.#x6Nhez7XH#1  Y- 11. IT IS FURTHER ORDERED that Operator 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. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,Meredith J. Jones ` `  hh,Chief, Cable Services Bureau