******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) TCI Cablevision of Washington, Inc. ) CUID No. WA0007 (Thurston) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: April 21, 1997 Released: April 23, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. Here we consider a complaint about the rate the above-captioned operator ("Operator") was charging for its cable programming service tier ("CPST") in the community referenced above. Operator has chosen to attempt to justify its CPST rate through benchmark showings on FCC Form 1200 and multiple FCC Form 1210s. 2. Under the Communications Act, the Federal Communications 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 a rate to be unreasonable, it shall determine the correct rate and any refund liability. 3. A valid complaint was filed with the Commission on June 7, 1995, against Operator's May 1, 1995 CPST rate increase to $12.78. 4. To justify rates for the period beginning May 15, 1994 through a benchmark or cost of service showing, operators must use the FCC Form 1200 series. Cable operators may file an FCC Form 1210 to justify rate increases based on the addition and deletion of channels, changes in certain external costs and inflation. In addition, Operators must file a Form 1210 at least 30 days before new rates are scheduled to go into effect, where there is a pending complaint against the CPST rate. 5. Upon review of Operator's FCC Form 1200 and Operator's FCC Form 1210s covering the period from April 1, 1994 through March 31, 1995, we find Operator's maximum permitted rates ("MPRs") to be reasonable. Because Operator's actual CPST rate of $12.78 for the period under review is lower than its MPR of $13.11, we find Operator's May 1, 1995 CPST rate increase to $12.78 to be reasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rate of $12.78, charged by Operator in the community referenced above for the period beginning June 7, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint against the CPST rate charged by Operator in the community referenced above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau