NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of) ) Viacom Cable ) CUID No. CA0070 (San Pablo) ) Complaint Regarding ) Cable Programming Service Tier ) Rate Increase ) ORDER Adopted: July 8, 1996Released: July 8, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we deny a complaint filed on April 8, 1996 concerning the March 1, 1996 rate increase of Viacom Cable ("Viacom") for its cable programming service ("CPS") tier in the San Pablo, California, CUID No. CA0070. Viacom filed its response to this complaint with the Federal Communications Commission ("Commission") on May 8, 1996. This Order addresses only the reasonableness of Viacom's rate increase of $0.28 that became effective on March 1, 1996. The Cable Services Bureau has already issued an order addressing the reasonableness of Viacom's rates in effect prior to May 14, 1994 and will issue a separate order addressing the reasonableness of Viacom's rates in effect after May 15, 1994. 2. Under the Communications Act, the Commission is authorized to review the CPS tier rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. If the Commission finds the rate unreasonable, it shall determine the correct rate and any refund liability. The Telecommunications Act of 1996 and our rules implementing the new legislation, require the complaints against the CPS tier rates be filed with the Commission by a local franchising authority ("LFA") that has received subscriber complaints. An LFA may not file a CPS tier rate complaint unless, within 90 days after such increase becomes effective, it receives subscriber complaints. This standard requires more than one subscriber rate complaint. The provisions under the 1996 Act became effective upon its enactment on February 8, 1996. 3. The County of Contra Costa filed a complaint on April 8, 1996 regarding the March 1, 1996 increase in Viacom's CPS tier rate in the above-referenced franchise area. The County of Contra Costra asserts that it has received more than one complaint against Viacom's CPS tier rate increase, thereby triggering the Commission's jurisdiction to review this complaint. The valid complaint from the LFA triggers an obligation on behalf of the cable operator to file a justification of its CPS tier rates. Thus, in this case, Viacom is required to justify the increase in its CPS tier rate which is the subject of the County of Contra Costa complaint. In its response, Viacom asserts that its March 1, 1996 rate increase is justified by the FCC Form 1210 covering the period of October 1, 1995 to December 31, 1995 ("Viacom's fourth quarter 1995 FCC Form 1210") filed with the Commission on May 8, 1996. 4. Upon review of Viacom's fourth quarter 1995 FCC Form 1210 we find no apparent errors in Viacom's calculation of its CPS tier rate increase. We conclude, therefore, that Viacom's rate increase, which went into effect on March 1, 1996, is justified. 5. 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 March 1, 1996 CPS tier rate increase charged by Viacom Cable in San Pablo, California, CUID No. CA0070, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau