July 28, 1995     DA 95-1685
                                           Released:  August 2, 1995
Mr. Seth A. Davidson, Esq. 
Fleischman & Walsh 
1400 Sixteenth Street, NW
Washington, DC 20036

Dear Mr. Davidson:

     This letter is in response to your letter of June 16, 1995, on behalf of your client 
Century Communications Corp. ("Century") requesting a waiver of the requirement that FCC
Form 1205 be filed within 60 days after the end of the operator's fiscal year.  You begin by
briefly discussing the waiver of this requirement granted in March of this year.  You note
that your client is experiencing difficulty complying with this requirement within the
prescribed time frame of this earlier granted waiver.  You also assert that your client is
unable to close its accounting records for 90 days after its fiscal year which ends on May 31. 
You state that requiring an operator to file a form 1205 under such circumstances would
require the operator to rely on estimated and potentially unreliable information.  You also
note that if Century takes advantage of the current waiver, it would have until August 29,
1995 to file Form 1205.  In addition, if your client were to seek an annual inflation
adjustment as expeditiously as the rules allow, it would file a Form 1210 on October 1,
1995.  Thus, if the proposed rate adjustments are not acted upon simultaneously, two
separate rate revisions could occur only weeks apart.  In order to avoid the inefficiencies and
confusion that might result from adjusting rates in this manner, you request that the 60-day
deadline be waived and that Century be permitted to file its annual equipment rate adjustment
using the Form 1205 concurrently with its fourth quarter Form 1210 seeking increases for
the annual inflation adjustment.

     An operator is required to file a Form 1205 under several different circumstances. 
The instructions to the Form 1205 require the operator to file the form to update regulated
equipment and installation charges on an annual basis.  This update process requires the
operator to file the Form 1205 with the local franchising authority (or the Commission where
it is certified to regulate basic tier service) within 60 days of the end of the operator's fiscal
year.      

     Two separate rate revisions in rapid succession would be inefficient and confusing. 
Based on your assertions, you have shown good cause for the waiver.  Accordingly, the
Bureau approves your request to file the Form 1205 when you file your Form 1210 in the
fourth quarter of this year.  This waiver is subject to the following conditions.  First, the
operator must notify the local franchising authority (or the Commission where it is certified
to regulate basic tier service) that it intends to avail itself of this waiver.  Second, this
notification must be accompanied by a copy of this letter and a written assurance that strict
compliance with the 60-day requirement is not feasible.  Third, the written assurance may
simply be in the form of a brief explanatory letter.  This waiver is limited to fiscal year 1995
and is not intended as a waiver of any other requirement related to the filing of the Form
1205, the filing of the Form 1210, the Cable Television Competition and Consumer
Protection Act of 1992 or any of the rules governing cable service.  These are the same
conditions that applied to the earlier waiver.  Finally, in addition to these conditions, this
waiver applies only to cable systems operated by Century. 



                              Sincerely, 




                              Meredith J. Jones
                              Chief, Cable Services Bureau