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) ) Citizens Century TV Venture ) CUID No. CA0954 (LaVerne) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: August 6, 1996 Released: August 15, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint concerning the May 1, 1996 rate increase of Citizens Century TV Venture ("Century") for its cable programming services tier ("CPST") in the City of LaVerne, California, CUID No. CA0954. This Order addresses only the reasonableness of Century's rate increase of $3.81 that became effective on May 1, 1996. We conclude that Century's May 1, 1996 CPST rate increase is not unreasonable. 2. Under the Communications Act, the Federal Communication Commission ("Commission") is authorized to review the CPST 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 that complaints against the CPST rates be filed with the Commission by a local franchising authority ("LFA") that has received subscriber complaints. An LFA may not file a CPST 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 City of LaVerne ("City") filed a complaint on July 1, 1996 regarding the May 1, 1996 increase in Century's CPST rate in the above-referenced community. In its complaint, the City asserts that it has received more than one subscriber complaint against Century's CPST 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 CPST rates with the LFA. Thus, in this case, Century is required to justify the increase in its CPST rate which is the subject of the City's complaint. In its response, Century asserts that its May 1, 1996 rate increase is justified by the FCC Form 1240 filed along with the LFA's complaint on July 1, 1996. 4. Upon review of Century's FCC Form 1240, we find no apparent errors in Century's calculation of its CPST rate increase. We conclude, therefore, that Century's CPST rate increase, which went into effect on May 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 May 1, 1996 CPST rate increase charged by Citizens Century TV Venture in the City of LaVerne, California, CUID No. CA0954, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau