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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)S/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""cost of $4 billion over the life of the Social Contract, capped its regulated programming rate   increases at $1 per year plus the recovery of external costs and the costs of inflation, established   "lifeline" basic service tier rates, and agreed to provide free cable service to schools within its   0service areas. The Commission delegated to the Cable Services Bureau the authority to implement the Social Contract.  2. Time Warner Cable has requested that several cable television systems recently  XQ-  acquired by Time Warner be added to those systems now subject to the Social Contract.Qȗ yO -  ԍTime Warner made the requests in submissions dated May 15, September 26, October 15, and November 6, 1996. Time  X:-  Warner has also notified us that it has sold several systems.}: ȗ {O $-ԍId. The same submissions provided notice of the sale of several cable systems.} By this Order we grant our   concurrence to Time Warner's request that the acquired cable systems become subject to the   Social Contract. We direct Time Warner to make any refunds required by the Social Contract to subscribers in the systems sold by Time Warner.  3. Under the terms of the Social Contract, Time Warner may request that Time Warner"#,))ZZ""  X-  jcable systems which were not originally included in the Social Contract be included, subject to  X-  Commission approval.D {Ob-ԍSee Section III.F.6.a.D The Social Contract provides that the Commission's approval will not   -be unreasonably withheld. In the event Time Warner requests the addition of any such systems,   Time Warner must serve a copy of the Social Contract on the local franchising authorities for   each such system, which systems then shall be afforded a 45day opportunity to opt out of the   lifeline basic provisions. The provisions of the Social Contract become effective as to any such additional systems upon notification by Time Warner.  4. In submissions dated May 15, September 26, October 15, and November 6, 1996,   -Time Warner requested the Commission's concurrence to add to the Social Contract certain cable   Msystems it has acquired since adoption of the Social Contract. Those acquired systems are   identified in Attachment 1 to this Order. Time Warner notified each of the affected communities  X -  Zof its intention to add them to the Social Contract, subject to Commission concurrence.T Z {O-ԍSee submission dated October 15, 1996.T We note   that each of the acquired systems has a current bandwidth capacity of 300 to 450 MHz and that   [the Social Contract requires each system subject to the Social Contract to be upgraded at least   to 550 MHz with at least 50 percent of all Time Warner subscribers to have access to a minimum   bandwidth capacity of 750 MHz. All of the acquired cable systems, therefore, will receive   upgrades. These systems will benefit from other provisions of the Social Contract as well, such   as the capping of regulated rates, the creation of a lifeline basic service tier, and free cable   -service to schools in those communities. We have received no comments or objections from any   of the local franchising authorities for the affected cable systems. Accordingly, we will grant our   concurrence to the request of Time Warner to add those cable systems identified in Attachment 1 to the Social Contract.  ]5. Time Warner has also advised us that several cable systems that had been subject to   -the Social Contract have been sold by Time Warner. Those systems are identified in Attachment   2 to this Order. The Social Contract provides that, in the event of the sale by Time Warner of   any system subject to the Social Contract, the purchaser may elect to have the provisions of the   Social Contract continue to apply to such systems. That election may be made only with the  Xe-  <concurrence of the Commission. Such concurrences shall not be unreasonably withheld.De {O -ԍSee Section III.F.6.b.D Those   jpurchasers have not requested continued application of the Social Contract as yet. The Social   Contract also provides that, in the event the purchaser does not elect to have the provisions of   the Social Contract apply to any such system and if Time Warner has not met the upgrade   requirements set forth in Section III.F.1 of the Contract, cable services programming tier (CPST)   [subscribers shall be entitled to refunds of the $1.00 CPST rate increases taken by Time Warner   kunder Section III.F.4.a of the Contract. Time Warner has advised us that it implemented the   $1.00 rate increase in four of the sold systems (Prince George County, Maryland; Reston,   Virginia; Savannah, Georgia; and Salem, New Jersey). Accordingly, we direct Time Warner to"!~,N(N(ZZ "   ) X-w #Xj\  P6G;+XP# Federal Communications Commission`)(#5DA 962192 ă  yxdddy )advise us, within 30 days of the release of this Order, whether the upgrade requirements have   been met for any of those four systems and, if not, the plan for refunding the $1.00 rate increases   and the amounts to be refunded to each such system. We note that Section III.F.5 of the Social   Contract provides for the payment of interest and liquidated damages in addition to the payment of the refunds.  O6. The Social Contract also provides that the upgrade capital cost figure of $4 billion   jshall be adjusted, as mutually agreed by Time Warner and the Commission, to reflect additions  XH-  or deletions of systems subject to the Contract.QH {O -ԍSee Sections III.F.1 and III.F.6.c.Q A review of the size and characteristics of the   cable systems to be added and deleted by Time Warner indicates that the net changes do not   warrant a change in the $4 billion capital cost upgrade commitment contained in the Social Contract. Time Warner and the Commission agree that there shall be no change.  7. Finally, Time Warner requests a waiver of Section 76.922(e)(1) of the Commission's   0rules relating to its annual rate filing date in order to synchronize the annual adjustment  X -  authorized under the Social Contract for the additional communities.J Z yO-ԍ47 C.F.R.  76.922(e)(1).J On December 15, 1995,   the Cable Services Bureau issued an Order addressing several issues brought before us by Time  Xy-  Warner at that time. Implementation of Social Contract for Time Warner Cable, DA952491  Xd-  ("Implementation Order"). Among those issues was the approval by the Cable Services Bureau   of Time Warner's Annual Adjustment Form, which is a modified rate form used by Time Warner   to establish the annual rate adjustment pursuant to the Social Contract. Time Warner states that   kthe annual rate adjustment for the acquired communities is scheduled to be implemented on   January 1, 1997. Time Warner maintains that it has provided the necessary notice to affected   !local franchising communities and states that no rate adjustment reflected in its Annual   yAdjustment Form will be implemented sooner than 30 days after written notice was provided to   affected local authorities and subscribers. In order to ensure a synchronized annual adjustment,   iTime Warner asserts that individual local franchising authorities should not be able to change the  X-  date of the annual adjustment as provided under Section 76.922(e)(1). In the Implementation  X-  mOrder, as well as in the Social Contract Order, the Bureau waived several regulatory   requirements in order to facilitate the expeditious implementation of the initial rate and service   [changes by Time Warner under the Social Contract. We believe a similar waiver is appropriate   here with respect to Time Warner's ability to select a single, synchronized annual adjustment date.  X- N8. Accordingly, IT IS ORDERED , that the request of Time Warner for the addition of  X-  Kacquired cable systems to the Social Contract IS GRANTED and the cable systems identified in Attachment 1 are hereby added to the Social Contract.  X"- {9. IT IS FURTHER ORDERED that Time Warner Cable shall advise the Commission"",N(N(ZZ!"   Kwithin 30 days of the release of this Order whether the upgrade commitments had been completed   \prior to sale in any of the four communities in which Time Warner had implemented the rate increase authorized in Section III.F.1 and, if not, the refund plans for those communities.  X- #X  X-w #Xj\  P6G;+XP# Federal Communications Commission`)(#5DA 962192 ă  yxdddy  X-5 ATTACHMENT 1 l  cACQUIRED CABLE SYSTEMS  X-lU  Xo- COMMUNITY hh,VCUID #10. IT IS FURTHER ORDERED that waiver of 47 C.F.R.  76.922(e)(1) IS  X-GRANTED .  #11. This action is taken by the Deputy Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. 47 C.F.R.  0.321. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VJohn E. Logan ` `  hh,VDeputy Chief, Cable Services Bureau "b,N(N(ZZ" "WI  X- Tampa, Florida  hh,VFL0706  X- Hilo, Hawaii , including:hh,VHI0022  X-Puna District hh,VHI0040  X-Honokaa hh,VHI0079  Xv-Volcano hh,VHI0096  X_-Honomu hh,VHI0101  XH-Keaau` `  hh,VHI0102  X1-Kurtistown hh,VHI0103  X -Mountain Viewhh,VHI0104  X -Papaikou hh,VHI0105  X -Pepeekeo hh,VHI0106  X - Carmel, Indiana , including:hh,VIN0087  X -Boone City hh,VIN0620  X-Fortville hh,VIN0614  Xy-Hamilton City (Fortville)hh,VIN0618  Xb-Hamilton City (Zionsville)hh,VIN0621  XK-Hamilton City (Carmel)hh,VIN0095  X4-Hancock hh,VIN0616  X-Town Of Ingallshh,VIN0615  X-Madison City hh,VIN0617  X-Zionsville hh,VIN0619   X- Lodi, Ohio , including:hh,VOH0071  X- Bailey Lakes hh,VOH1503  X-Bloomville hh,VOH1318  X|-Briarwood Beachhh,VOH1505  Xe-Burbank hh,VOH1500  XN-Canaan hh,VOH2473  X7- CippewaontheLake hh,VOH1089  X -Village of Congresshh,VOH1395  X -Creston hh,VOH0205  X-Gloria Glens hh,VOH1506  X-Guilford hh,VOH1507  X -Jeromesville hh,VOH1083  X!-Loudonville hh,VOH0007"!,"" "Ԍ X-ԙ Lodi, Ohio [cont'd]  X-Monteville hh,VOH1996  X-Nashville hh,VOH2194  X-New London Township hh,VOH2428  X-Village of New Londonhh,VOH0206  X-Perry` `  hh,VOH2242  Xv-Perrysville hh,VOH0008  X_-Plainfield hh,VOH2243  XH-Polk` `  hh,VOH1394  X1-Rittman hh,VOH0293  X -Savannah hh,VOH1504  X -Seville hh,VOH1086  X -Shreve hh,VOH0198  X -Spencer Townshiphh,VOH1462  X -Village of Spencerhh,VOH1461  X -Wadsworth hh,VOH2244  X-West Lafayette (Township)hh,VOH1501  Xy-West Lafayette (Village)hh,VOH0544  Xb-West Salem hh,VOH1132  XK-Westfield Centerhh,VOH1087  X- Orangeburg, SouthCarolina , including:VSC0114  X-Cordova hh,VSC0381  X-Cordova hh,VSC0393  X-Orangeburg Cityhh,VSC0019  X- Laredo, Texas , including:hh,VTX0181  X-Incorported Webb Countyhh,VTX0331  X|-Rio Bravo hh,VTX2109  XN- Chelyan, West Virginia , including:VWV0040  X7-Campbells Creekhh,VWV0038  X -Kanawha Countyhh,VWV0043  X -Gauley Bridgehh,VWV0050  X-Miami` `  hh,VWV0059  X-Montgomery Heightshh,VWV0060  X -Rand` `  hh,VWV0066  X!-Belle` `  hh,VWV0094"!,"" "Ԍ X- Chelyan, West Virginia [cont'd]  X-Chesapeake hh,VWV0095  X-Marmet hh,VWV0097  X-Boomer hh,VWV0244  X-London hh,VWV0257  X- Ridgeview hh,VWV0334  Xv- Seth` `  hh,VWV0369  X_-Arnett` `  hh,VWV0590  XH-Paint Creek hh,VWV0641  X1-Kayford hh,VWV0884  X -Witcher hh,VWV0886  X -Brownsville hh,VWV1017  X -)X -*x X-w #Xj\  P6G;+XP# Federal Communications Commission`)(#5DA 962192 ă  yxdddy )Fayette Countyhh,VWV1033  X -Raleigh Countyhh,VWV1034  X -Town of Pratthh,VWV0451  X -City of Glasgowhh,VWV0299  X-Montgomery Cityhh,VWV0296  Xy-Town of Handleyhh,VWV0243  Xb-Town of East Bankhh,VWV0300  XK-Town of Cedar Grovehh,VWV0239  X4-Kanawha Countyhh,VWV1150  X-Fayette Countyhh,VWV1165  X-City of Whitesvillehh,VWV0028  X-Town of Sylvesterhh,VWV0344  X-Boone Countyhh,VWV0302  X-Raleigh Countyhh,VWV0853  X-City of Smithershh,VWV1152  X|- Kenosha, Wisconsin , including:hh,VWI0498  Xe-Pleasant Prairiehh,VWI0500  XN-Somers hh,VWI0499  X7-Bloomfield hh,VWI0932  X -Lake Geneva hh,VWI0070  X -Town of Genevahh,VWI0931  X-Linn` `  hh,VWI0933  X-Lyons` `  hh,VWI0934   X!- Ripon, Wisconsin , including:hh,VWI0153  X"-Town of Riponhh,VWI0927 "#,h$h$ G""  X--*X, X-w #Xj\  P6G;+XP# Federal Communications Commission`)(#5DA 962192 ă  yxdddy  X-l 5ATTACHMENT 2 l qSOLD CABLE SYSTEMS lU  Xo-COMMUNITY hh,VCUID   X- Prescott, Arizona , including:hh,VAZ0014  X-Town of Prescott Valleyhh,VAZ0145  X-Yavapi Countyhh,VAZ0146  X-YavapiPrescott Indian TribeV[Applied for]  Xv- Savannah, Georgia , including:hh,VGA0050  X_-City of Bloomingdalehh,VGA0382  XH-Town of Varnville [South Carolina]SC0228  X1-City of Pooler hh,VGA0381  X -Chatham County [West]hh,VGA0384  X -Chatham County [East]hh,VGA0048  X -City of Port Wentworthhh,VGA0049  X -Garden City hh,VGA0072  X -City of Springfieldhh,VGA0504  X -Effingham Countyhh,VGA0506  X-City of Midwayhh,VGA0627  Xy-Liberty Countyhh,VGA0626  XK- Prince George's County, Maryland , including:MD0163  X4-Andrews Air Force Basehh,VMD0186  X-Capital Heightshh,VMD0183  X-District Heightshh,VMD0165  X-Fairmount Heightshh,VMD0182  X-Forest Heightshh,VMD0185  X-Morningside hh,VMD0163  X-Seat Pleasant hh,VMD0181  X-Upper Marlborohh,VMD0167  Xe- Salem, New Jersey , including:hh,VNJ0038  XN-Alloway Townshiphh,VNJ0603  X7-Elsinboro Townshiphh,VNJ0604  X -Pennsville Townshiphh,VNJ0037  X -Quinton Townshiphh,VNJ0605  X- Chambersburg, Pennsylvania , including:VPA0222  X -Shippensburg Townshiphh,VPA3205  X!-Shippensburg Boroughhh,VPA2575"!,"" "Ԍ X-ԙ Chambersburg, Pennsylvania [cont'd]  X-Newville hh,VPA2574  X-West Pennsborohh,VPA2578  X-St. Thomas hh,VPA3207  X-Southhampton [Franklin County]VPA2576  X-Southhampton [Cumberland County]PA2577  Xv-Lower Mifflinhh,VPA2573  X_-Letterkenney hh,VPA2276  XH-Hamilton hh,VPA1530  X1-Guilford hh,VPA1556  X -Greene hh,VPA1555  X -North Newtonhh,VPA3206  X -Mainsville hh,VPA1631  X - Kingsport, Tennessee , including:hh,VTN0023  X -Church Hill hh,VTN0020  X-Mount Carmelhh,VTN0024  Xy-Hawkins Countyhh,VTN0097  Xb-Sullivan Countyhh,VTN0079  X4- Reston, Virginia  hh,VVA0046  X- Martinsburg, West Virginia , including:VWV0075  X-Berkeley Countyhh,VWV0357