WPCt 2MBER ZCourierw Roman c-#XR  P7jQ=9XP#HP4Si (Additional); Rm. 918_1; LPT2HPLA4SAD.PRSx  @\pNX@|D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd3|w); Rm. 918_1; LPT2HPLA4SAD.PRSXj\  P6G;\pNXP28 /(CourierCG TimesCG Times Bold#XR  P7jQ}XP#CourierCG TimesCG Times BoldCG Times ItalicRSx  @\QWX@3|w2!f jvpFk",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`La8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  2MkSvcta5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  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A. a.(1)(a) i) a)Documentg2:("e&1''PleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:><q*"xxxxWWxxxWWkkxxxFx6X@`7X@~8wC;,=9Xw PE37XPD7zC;,BXz_ pi7XD@NE,U_ pi7V"G($,hG PE37hPDW!I($,hI_ pi7h6uC;,~Xu&_ x7XX4wC;,/Xw*0 x]7X?xxx,Dx `7X",tB^ f ^ENluuNNNuNNNNuuuuuuuuuuNNu[pNNNuuNuhhRuANAuh[Nuuuhuuuu=uuuuuNuuuuuuuuAuuuuuhhhhh[A[A[A[AuuuuuuuuuuuuugguuguuguuuuuYAuuu[uuA]u[AuugguY[Yu]OuughguuuuNuuNNNWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNuuuNuccuuuuuuRuuuuRNNu<<uuuuuNuR"uuCuNNNuuuuNuhupcuuuNNNNh[hhh[Ahhuhuuuhh[uhNNuuuuuuuNuhN /;k  PP9~~+k~~KkKk&&pY"i~'K2^$(8<Fx6X@`7X@~8wC;,=9Xw PE37XPD7zC;,BXz_ pi7XD@NE,U_ pi7V"G($,hG PE37hPDW!I($,hI_ pi7h6uC;,~Xu&_ x7XX4wC;,/3Xw*0 x]7X?xxx,Dx `7XeXX` `  ` dd2t Y-Ԋ  Q[\ $//Jones Intercable, Inc., Western Springs, IL, MO&O, DA 952153//$ $/76.922 Rates for Cable Programming Service tiers/$  Y-$/benchmark cable rates/$T#_ pi7U#у  a<- Before the FEDERAL COMMUNICATIONS COMMISSION  a<Washington, D.C. 20554 #Xw PE37=9XP#X01Í ÍX01Í Í ă  X-* DA 95 2153 ĐX(#P  Y -In the Matter of hh@)hpp  Y -x` `  hh@)h  Yp -Jones Intercable, Inc.hh@)hCUID No. IL0666 (Western Springs)  YY -x` `  hh@)h  YB -Benchmark Filing to Supporthh@)  Y+-Cable Programming Service Pricehh@)  Y-}  MEMORANDUM OPINION AND ORDER ă  Y-x` ` Adopted: October 12, 1995@hReleased: October 24, 1995 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:  Yt- I. A. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)  x1. Here we consider a complaint about the price that the abovecaptioned operator ("Operator") was charging for its cable programming service ("CPS") tier in the community referenced above. 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 addressing the  Y-reasonableness of the price after that date. ۖ Xz-ԍ 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 Rulemaking, MM Docket No. 92266, FCC 9438, 9 FCC Rcd 4119 (1994)  X!-("Second Order on Reconsideration"), the maximum permitted CPS price determined herein might also apply from May 15, 1994 until the date on which Operator  X"<#XR  P7jQ=9XP#implemented its CPS price under the new regulations. See para. 3, infra.#x6X@`7>FX@# #XR  P7jQ=9XP#Further, to the extent that the price as of March 31, 1994 is found to be excessive, a reduction 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  X&-calculate its price for the prospective period, was unreasonable. See 47 C.F.R.  76.922(b)(4)(C). "n 0*0*0*"Ԍ Y-  x2. Under the Cable Television Consumer Protection and Competition Act of 1992,K< Xy-ԍ Pub. L. No. 102385, 106 Stat. 1460 (1992); Communications Act,  623(c), as  Xe-amended, 47 U.S.C.  543(c) (1993). and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review CPS prices 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 prices.@K< Xb-ԍ 47 C.F.R.  76.956.@ Under our rules, an operator may attempt to justify its prices through either a benchmark showing or a  Y-costofservice showing.Cˀ XW -ԍ 47 C.F.R.  76.956(b).C In either case, the operator has the burden of demonstrating that its  Yv-CPS prices are not unreasonable.3vˀ X -ԍ Id.3  YH-x3. The Commission's original rate regulations took effect on September 1, 1993.H~ˀ Xw-ԍ 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).  Y1-The Commission subsequently revised its rate regulations effective May 15, 1994.C1 ˀ X-ԍ 47 C.F.R.  76.922(b).C Operators with valid CPS complaints filed against them prior to May 15, 1994 must demonstrate that their CPS prices were in compliance with the Commission's initial rules from the time the complaint was filed through May 14, 1994, and that their prices were in  Y -compliance with the revised rules from May 15, 1994 forward.w ˀ X8-ԍ See Second Order on Reconsideration, 9 FCC Rcd at 4190, paras. 150152.w Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark showing must  Y -complete and file FCC Form 393.3 fˀ X-ԍ Id.3 Generally, to justify their prices for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200  Yy-series. yˀ XD"-ԍ 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n.195. x4. The complaint in the franchise area which is the subject of this Order was served on Operator on February 26, 1994 and received by the Commission on February 28, 1994. "4 0*((G" Operator filed FCC Form 393 in response on May 24, 1994, and an amended Form 393 on  Y-August 14, 1995.M ˀ Xb-ԍ Operated submitted an amended Form 393 in response to a FCC Staff request ex  XN-parte, regarding entries for income taxes when Operator is a limited partnership. See facsimile of July 26, 1995 to Peter Godwin of Dow, Lohnes and Albertson from David Ward of FCC.M  Y-x5. Operator asserts that its monthly CPS tier price of $9.74 (plus franchise fee) is justified by its benchmark filing because its price is equal to or lower than the maximum permitted charge of $10.78 per month (plus franchise fee), as calculated in the filing. Upon review of Operator's Form 393 filing, we have found that it has not correctly calculated its maximum permitted price, and it is therefore appropriate to make the following adjustments to Operator's calculations in Form 393:  Y1-  Y -Xxa.` ` Operator's Form 393, Part III, Step G, Line 34 entry does not represent its current monthly equipment revenue as of the initial date of regulation. Instead, it appears that Operator used the Monthly Equipment and Installation Cost figure for the entire system, of which the franchise listed in the caption is a part. According to our  Y -Instructions for Equipment and Installation Charges for Form 393,  :ˀ X-ԍ See FCC Form 393, page 27 ("The data may be identified at the level of corporate organization at which the records are kept, but for purposes of calculating service rates the data must be adjusted to the franchise area level."). Operator must use an equipment and installation figure that corresponds to the franchise level. We therefore adjust operator's system figure that appears in Line 34 with the franchise figure for equipment and installation charges that Operator provided on Part II, Worksheet 3, Line 301 of its most recent amended Form 393 filing. In addition, we adjust Form 393, Part II, Worksheet 1, Line 104 to agree with the adjusted Line 34  Y4-figure. 4ˀ X-ԍ 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 . . . operators will enter on Line 104 the same, or nearly the same, number as on Line 301."). (#  Y-Xxb.` ` In its amended Form 393 filing, Operator incorrectly calculated the Inflation Adjustment Factor (Form 393, Part II, Worksheet 1, Line 127). Lines 122 and 125 of Form 393 require the operator to enter Gross National Product Price Index ("GNPPI") data for the latest quarter for which data is available that ended before the date through which the Inflation Adjustment Factor is calculated. On its Form 393, Operator calculated the Inflation Adjustment Factor through September 1993. However, Operator completed Line 122 using GNPPI data for the first quarter of"| 0*((m" 1993 (released May 28, 1993), when updated data was available at least through the second quarter of 1993 (released August 31, 1993). Additionally, Operator incorrectly entered on Line 125 that 6 months, rather than 9 months, had passed between the end of the third quarter of 1992 and the end of the most recent GNPPI quarter. Operator's calculation of the Inflation Adjustment Factor is therefore incorrect.(#  Y_-Xxc.` ` We must therefore recalculate the Inflation Adjustment Factor on the basis of the most accurate data currently available in accordance with the Form 393  Y1-Instructions.1ˀ X -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 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 and 125.7 for the third quarter of 1993. Using these GNPPI figures, we calculate 1.028 as the Inflation Adjustment Factor through September 1993, the base date Operator used in justifying its rates. (#  Y -  Xxd.` ` These adjustments result in a reduction of the Base Rate Per Channel (Form 393, Part II, Worksheet 1, Line 110) such that Line 110 is now less than Line 128E  Yy-(Adjusted Benchmark Rate). As a result, in accordance with Form 393 instructions,yNˀ Xx-ԍ See FCC Form 393, Instructions for Worksheets Calculating Maximum Initial Permitted Rates for Regulated Cable Services, page 11. Operator's Maximum Initial Rate Per Channel is calculated based upon Worksheet 1 rather than Worksheet 2.(#  Y-x6. Upon review of the record herein, and having incorporated the adjustments discussed above, we conclude that Operator has failed to justify the rate it was charging during the period in question. Operator's showing justifies a maximum reasonable CPS tier price of $9.64 per month (plus franchise fee) for the period from February 28, 1994 to May  Y-14, 1994.vˀ X]-ԍ This finding is based solely on the representations of Operator and the modifications described herein. 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 proceeding not specifically addressed herein. However, we further determine that the total overcharge per subscriber is de  Y-minimis. Therefore, it would not serve the public interest to order a refund.  Y-x7. 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"i) 0*((]" programming service price charged by Operator in the franchise area referenced in the caption IS GRANTED TO THE EXTENT INDICATED HEREIN.  Y-x8. 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 the franchise area referenced in the caption, 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 permitted  YH-price of $9.64 (plus franchise fee).Hˀ X -ԍ We reserve the right to make further adjustments to Operator's price for the period after May 14, 1994, upon completion of our review of Operator's Form 1200 filing.  Y -x9. 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. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhJoAnn Lucanik x` `  hhChief, Financial Analysis and Compliance Division  Y-x` `  hhCable Services Bureau T