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Ć Operator submitted FCC Form 1240 to justify the rate increase that went into effect June 1, 1996.  X- `  x5. ` ` The Waiver Period for this community began December 1, 1995 and ended  x May31, 1996. On March 1, 1996 Operator, which had just completed a rebuild of the entire  X- xjsystem, raised its CPST rate to $12.78. Consequently, we changed the rate reported on Waiver" ,-(-(ZZ"  x!Period Worksheet 8 in Operator's FCC Form 1240 to $12.78 for March, April and May of  X- x1996. h yOy- xЍ Operator had incorrectly stated on Worksheet 8 that the CPST rate for all six months of the Waiver Period was $10.78. This change led to an adjustment in Line 15 of Operator's selfstyled "First Time Filers  X-of FCC Form 1240 'Gap' Period Calculation" ("Waiver Period Calculation"). 7h yO-Ѝ Line 15 of the Waiver Period Calculation gives the total amount of revenue received during the Waiver Period.  X- ` x6. ` ` On September 25, 1996, we released an Order concerning this community and  xinstructed Operator to reduce its then maximum permitted rate ("MPR") to $12.65 effective  Xv- xMarch 1, 1996.Nvh {O -Ѝ  Note 1, supra.N Operator did not use $12.65 when calculating its total revenue from the MPR  X_- x]for the Waiver Period._Yh yOi -Ѝ Line 16 of the Waiver Period Calculation gives the total possible revenue from the MPR for the Waiver Period. Consequently, we adjusted Line 16 of Operator's Waiver Period Calculation by using the previously ordered $12.65.  X - ` x7. ` ` The effect of these adjustments on Lines 15 and 16 result in a reduction of  xOperator's projected MPR from $15.38 to $14.87 on Line 22 of Operator's Waiver Period  xCalculation. Consequently, we find that Operator has failed to demonstrate that its CPST rate  xincrease of $2.60 was reasonable. Based upon the record before us, we find that Operator has  X - xprovided sufficient evidence to support a CPST rate increase of only $2.09.M  h yO - xJ#X\  P6G;P#э #X\  P6G;P#This finding is based solely on the representations of Operator. Should information come to our attention that  x,these representations were materially inaccurate, we reserve the right to take appropriate action. This Order is not  xto be construed as a finding that we have accepted as correct any specific entry, explanation or argument made by any party to this proceeding not specifically addressed herein.M This represents an  X -overcharge of $0.51 per month per subscriber since June 1, 1996.  h yO- xЍ Information regarding the specific adjustments made to Operator's FCC Form 1240 filing can be found in the  xpublic file for the community set forth above, which file is available in the Cable Services Bureau's public reference  x room, or through the Commission's copy contractor, International Transcription Services (ITS), 1919 M Street N.W., Washington, DC, 20554, or by calling ITS at (202) 8573800.   Xy- ` x8. ` ` Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's  xyrules, 47 C.F.R. Section 0.321 that the monthly CPST rate increase of $2.60 charged by Operator in the community set forth above beginning June 1, 1996, IS UNREASONABLE.  X- ` x9. ` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules,  xj47 C.F.R. Section 0.321, that the complaint referenced herein against the June 1, 1996 CPST rate increase charged by Operator in the community set forth above, IS GRANTED.  X- ` x10. ` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's  xrules, 47 C.F.R.  76.961, that Operator shall refund subscribers in the community set forth above",-(-(ZZ"  x\that portion of the amount of the CPST rate increase paid by subscribers that exceeded the  x[maximum permitted CPST rate of $14.87 per month (plus franchise fee), plus interest to the date  xlof the refund, for the period from June 1, 1996 to the day before Operator implements the maximum permitted CPST rate of $14.87.  X- ` 4x11. ` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's  xrules, 47 C.F.R.  0.321, that Operator in the community set forth above, revise its calculation of its maximum permitted CPST rate in its next FCC Form 1240 filing.  X1- ` x12. ` ` IT IS FURTHER ORDERED that Operator shall promptly determine the  xyovercharges to CPST subscribers for the stated periods, and shall within 30 days of the release  xof this Order, file a report with the Chief, Cable Services Bureau, stating the cumulative refund  xamount so determined (including franchise fees and interest), describing the calculation thereof,  xand describing its plan to implement the refund within 60 days of Commission approval of the plan. x x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau x