WPC6 2MB%RK Z3|jTimes New RomanTimes New Roman Bold P6G;P"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""4KL,K.\0)"i~'^:DTddDDDd4D48ddddddddddDDd||||DXp||dp||ppL8LTdDddXdX8dd88X8ddddLL8dXXXLP8PlD4lTDDD4DDDDDDdDd8|d|d|d|d|dX|X|X|X|XD8D8D8D8dddddddddpX|ddddpXd|d|d|d|dXXlXx|X|X|X|XdddldldD8DdDDDddllXp8pHpDp@p8dtdddd|L|L|LdLdLdLllpHp8pTddddddplpLpLpLdpDddLpDpdx4ddC,CWddddddddddddddddddddddddddddddddddddddddNHxxHhdLdddddd8@d<@d<DDppdDDxddzHxxHkddDpd<"dxtldxxd"i~'^#)0< 1. 1. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)x1. Here we consider a complaint about the rate the abovecaptioned operator ("Operator")  xwas charging for its cable programming service ("CPS") tier in the community referenced above.  X- xOperator's response includes benchmark justification on FCC Form 1200. This Order addresses  X- xithe reasonableness of Operator's rate only after May 14, 1994. We have already issued a separate  Xk-order addressing the reasonableness of Operator's rate prior to that date. zkp {O-ԍ See Falcon Holding Group, Inc., DA 951589, 10 FCC Rcd 8756 (1995).z  X=-  x2. Under the Cable Television Consumer Protection and Competition Act of 1992,=Zp {OH- xԍ Pub. L. No. 102385, 106 Stat. 1460 (1992) ("1992 Cable Act"); Communications Act,  623(c), as amended, 47 U.S.C.  543(c) (1993). and  xour rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review CPS rates  xupon the filing of a complete and timely complaint. The filing of a complete and timely  x.complaint triggers an   obligation on behalf of the cable operator to file a justification of its CPS  X- xyrates.@p yOF -ԍ 47 C.F.R.  76.956.@ Under our rules, an operator may attempt to justify its rates through either a benchmark  X- xshowing or a costofservice showing.CDp yO"-ԍ 47 C.F.R.  76.956(b).C In either case, the operator has the burden of  X-demonstrating that its CPS rates are not unreasonable.3p {O8%-ԍ Id.3 "f ,))ZZ\"Ԍ X-  mx3. The Commission's original rate regulations took effect on September 1, 1993. yOy- xԍ Order in MM Docket No. 92266, Implementation of Sections of the Cable Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042 (Aug. 2, 1993). The  X- x=Commission subsequently revised its rate regulations effective May 15, 1994.C  yO-ԍ 47 C.F.R.  76.922(b).C Operators with  xjcomplete and timely CPS complaints filed against them prior to May 15, 1994 must demonstrate  x/that their CPS rates were in compliance with the Commission's initial rules from the time the  xcomplaint was filed through May 14, 1994, and that their rates were in compliance with the  X- x\revised rules from May 15, 1994 forward. yO - xԍ Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, MM  {O -Docket No. 92266, FCC 9438, 9 FCC Rcd 4119, 4190 (1994) ("Second Order on Reconsideration"). Operators attempting to justify their rates for the  xperiod prior to May 15, 1994 through a benchmark showing must complete and file FCC Form  X_- x393.3 _  {O-ԍ Id.3 To justify their rates for the period beginning May 15, 1994 through a benchmark showing,  XH- xoperators must use the FCC Form 1200 series. H {O-ԍ 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n.195. Operators may also justify rate increases based  xon the addition and deletion of channels, the changes in certain external costs, and inflation by  X - xfiling FCC Form 1210.C  .  yO-ԍ 47 C.F.R.  76.922(d).C Form 1210 must be filed at least 30 days before new rates are  xscheduled to go into effect where the Commission has found the cable programming service tier  x]rate to be unreasonable less than one year prior to the filing, or where there is a pending  X -complaint against the cable programming service tier rate.  {OD-ԍ See 47 C.F.R.  76.960; Second Order on Reconsideration, 9 FCC Rcd at 4190.   x4. Operator asserts that its monthly CPS tier rate is justified because the rate is equal  x>to or lower than the maximum permitted charge. Upon review of Operator's FCC Form 1200,  Xy- xj we agree. We found no apparent errors in Operator's calculation of its maximum permitted CPS  Xb-rate. Therefore, Operator's FCC Form 1200 rate for the period under review is justified. "KP ,-(-(ZZ"Ԍ  x 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules,  X- x47 C.F.R.  0.321, that the complaint referenced herein against the cable programming service  xrate charged by Operator in the franchise area referenced in the caption during the period  X-following May 14, 1994 IS DENIED TO THE EXTENT INDICATED HEREIN. x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  JoAnn Lucanik x` `  Chief, Financial Analysis and Compliance Division x` `  Cable Services Bureau