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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:><q*"xxxxWWxxxWWkkxxx -("Second Order on Reconsideration"); 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 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.|_  Y-ԍ See Second Order on Reconsideration, 9 FCC Rcd at 4190, paras. 150152.| Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark showing must  Y1-complete the FCC Form 393.2 18  Y-ԍ Id.2 Generally, to justify their prices for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200  Y -series.   Y-ԍ 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n. 195. x4. The Cable Services Bureau has addressed the regulatory status of packages of channels offered on an a la carte basis in several orders resolving letters of inquiry ("LOIs")  Y -directed to cable operators.   Y-ԍ See e.g., Multivision Cable TV, Prince George's County, Maryland, LOI9315, DA 95106 (Cab. Serv. Bur., released January 25, 1995). Of particular relevance to this case, the Cable Services Bureau has released orders resolving LOIs regarding Century Cable TV's ("Century") systems in Huntington, West Virginia; Morgantown, West Virginia; Muncie, Indiana; Owensboro,  Yb-Kentucky; Yuma, Arizona; Brunswick, Georgia; and San Juan, Puerto Rico.= xb# Y6$-ԍ See Century Cable TV, Huntington, West Virginia, LOI9349, DA 941314, 9 FCC Rcd 7337 (Cab. Serv. Bur. 1994); Century Cable TV, Morgantown, West Virginia, LOI9334, DA 941358, 10 FCC Rcd 115 (Cab. Serv. Bur. 1994); Century Cable TV, Muncie, Indiana, LOI 9318, DA 941354, 10 FCC Rcd 99 (Cab. Serv. Bur. 1994); Century Cable TV, Owensboro, Kentucky, LOI9345, DA 941361, 10 FCC Rcd 127 (Cab. Serv. Bur. 1994); Century Cable TV, Yuma, Arizona, LOI9339, DA 941360, 10 FCC Rcd 123 (Cab."( 0*0*0*(" Serv. Bur. 1994); Century Cable TV, Brunswick, Georgia, LOI9344, LOI944, DA 941426 (Cab. Serv. Bur., released Dec. 12, 1994); Cable TV of Greater San Juan, San Juan, Puerto Rico, LOI9338. DA 941425 (Cab. Serv. Bur., released Dec. 12, 1994). = Relying on"bK 0*0*0*I"  Y-the Commission's Going Forward Order,a  Y-ԍ See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992; Sixth Order On Reconsideration, Fifth Report and Order, and Seventh Notice of Proposed Rulemaking, MM Docket Nos. 92266 and 93215, FCC 94 Yt -286 (1994) ("Going Forward Order").a the Bureau's orders addressed the restructured service offerings implemented in these communities beginning September 1, 1993, in which Century eliminated its CPS tiers and offered instead only a basic service tier and a few a la carte channels. In each of these orders, the Bureau found that Century's restructured service offerings do not constitute a clear evasion of our rate rules. Specifically, the Bureau found that Century did not avoid rate regulation of most of its previous CPS channels because it moved those channels into a rateregulated basic tier. With regard to the other channels, the orders permit Century to treat its a la carte packages as new product tiers that may be priced  YJ-at market levels under the Going Forward Order. x5. Since the LOI orders found that the elimination of Century's CPS tiers did not constitute a clear evasion of rate regulation and those channels not placed on the basic service tier could be treated as a new product tier, there were no CPS tiers in those communities, as of September 1, 1993 that were subject to rate regulation pursuant to section 76.922 of our rules. Therefore, the Bureau subsequently dismissed all FCC Form 329  Y -complaints filed against Century in each of those seven communities. v  Y-ԍ See Century Cable TV, CUID Nos. IN0094, WV0156, WV0378, KY0120, AZ0019, DA 941422 (Cab. Serv. Bur., released Dec. 12, 1994); Cable TV of Greater San Juan, San Juan, Puerto Rico, CUID No. PR0001, DA 941530 (Cab. Serv. Bur., released Dec. 20, 1994); Century Cable TV, Brunswick, Georgia, CUID No. GA0040, DA 941531 (Cab. Serv. Bur., released Dec. 20, 1994). x6. The rate cards and channel lineup cards submitted by TKR for the subject community indicate that TKR restructured its service offerings in the subject community prior to September 1, 1993 in essentially the same way that Century did for the seven areas mentioned above where LOI orders have been issued. TKR discontinued its CPS offerings and placed all of its channels into a single basic service tier, except for three channels which it offered on an a la carte basis. Two of these channels (TNT and MSG/CNBC) were previously offered on TKR's CPS tier; the third channel (TBS) was not available in this community until just prior to September 1, 1993. x7. We feel that we have sufficient information regarding TKR's restructured"0*0*0*~"  Y-offerings in the subject community to conclude, in accord with the Going Forward Order, that they should be treated the same way that we treated Century's restructured offerings in the seven communities where we issued LOI orders. As in these latter communities, although the instant restructuring resulted in the elimination of Century's CPS tiers, the small number of channels that were offered in the a la carte packages did not constitute an evasion of our then existing rules. Therefore, consistent with the action taken in the LOI orders, we will allow TKR to treat its a la carte package in the subject community as a new product tier  Ya-even though it would not qualify as a new product tier under the  Going Forward Order because one of the conditions for a new product tier is that channels may not be removed from a basic service tier or a CPS tier. Thus, we need not rule on the FCC Form 329 complaints filed against TKR in the subject community because there was no CPS tier subject to rate regulation pursuant to Section 76.922 of our rules as of September 1, 1993. In addition, nothing in these complaints indicates that TKR's product tier violates any of the  Y -conditions for establishing that tier outlined in the Going Forward Order. x8. Accordingly, IT IS ORDERED that the a la carte package created by TKR in the  Y-subject community may be treated as a new product tier under our Going Forward Order. x9. IT IS FURTHER ORDERED that all FCC Form 329 complaints pending against the CPS rates of TKR Cable Company of Elizabeth in the subject community ARE DISMISSED. x10. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321.  Y-x` `  hhFEDERAL COMMUNICATIONS COMMISSION(#(#X x` `  hhJoAnn Lucanik x` `  hhChief, Financial Analysis and Compliance Division x` `  hhCable Services Bureau