WPC 2MBVRKZ3|X 7jC:,8Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4M (PCL) (Additional); Local PrintHL4MPCAD.PRSXj\  P6G;\"PXP2yEK Z X-#XP\  P6Q8XP#3|X "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN5l>Technical 5Technical 52` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 6Technical 63` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 2Technical 24 Technical 3Technical 35 2uF6$?7lA8$-B9$QDTechnical 4Technical 46` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 1Technical 17 Technical 7Technical 78` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 8Technical 89` hp x (#X` hp x (# X` hp x (#` hp x (#2O:F;H<J=Mtoc 1toc 1:` hp x (#!(#B!(#B` hp x (#toc 2toc 2;` hp x (#` !(#B` !(#B` hp x (#toc 3toc 3<` hp x (#` !(# ` !(# ` hp x (#toc 4toc 4=` hp x (# !(#  !(# ` hp x (#2!V>QO?oQ@vSATtoc 5toc 5>` hp x (#h!(# h!(# ` hp x (#toc 6toc 6?` hp x (#!(#!(#` hp x (#toc 7toc 7@ toc 8toc 8A` hp x (#!(#!(#` hp x (#2^BSVCqXDZE\toc 9toc 9B` hp x (#!(#B!(#B` hp x (#index 1index 1C` hp x (#` !(# ` !(# ` hp x (#index 2index 2D` hp x (#` !(#B` !(#B` hp x (#toatoaE` hp x (#!(# !(# ` hp x (#2bFv^Gls_Hr_KQ`captioncaptionF _Equation Caption_Equation CaptionG endnote referenceendnote referenceH "i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd/>/>/>/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""showing.L \H {Oz- xJԍ 47 C.F.R. Section 76.922(b)(6); see Second Order on Reconsideration, supra at 4183, paras. 135138; supra  {OD- xat 4190, n.136; see also Public Notice "Questions and Answers on Cable Television Rate Regulation" (April 26, 1994).L Cable operators may file a FCC Form 1210 to justify rate increases based on the  X1- x<addition and deletion of channels, changes in certain external costs, and inflation.F 1  yO-ԍ 47 C.F.R. Section 76.922(d).F The Operator  xmust file FCC Form 1210, at least 30 days before new rates are scheduled to go into effect,  xwhere the Commission has found the cable programming service rate to be unreasonable less than  X -one year prior to the filing, or where there is a pending complaint against the CPST rate.H 5  yO-ԍ 47 C.F.R. Section 76.960H  X - ` 3x4.` ` The first valid complaint for this community was filed with the Commission on  xlJanuary 24, 1994. Upon review of Operator's FCC Forms 393, 1200, and 1210 we find that  X- x[Operator has incorrectly calculated its maximum permitted rates beginning September 1, 1993.  yO- xiԍ This finding is based solely on the representations of Operator. Should information come to our attention  xYthat these representations were materially inaccurate, we reserve the right to take appropriate action. This Order is  xnot to 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.  xIt is therefore appropriate to make adjustments to Operator's calculations beginning with its FCC  Xb-Form 393. b yO$- x,ԍ Information regarding the specific adjustments made to Operator's FCC Form 393, FCC Form 1200, and FCC  xForm 1210 filing can be found in the public file for CUID No. GA0023 which is available in the Cable Services  x,Bureau's public reference room, or through the Commission's copy contractor, International Transcription Services  yO'-(ITS), 1919 M Street N.W., Washington, DC, 20554, or by calling ITS at (202) 8573800. "b,N(N(ZZ"Ԍ X- ` ԙx5.` ` In its FCC Form 393 dated July 5, 1995, Operator calculated a maximum permitted  x/rate for the CPST of $10.34. However, Operator charged an actual CPST rate of $10.74 until  xJuly 14, 1994. Our review has resulted in the calculation of a maximum permitted rate of  xz$10.22. This has resulted in an overcharge of $0.52. We have therefore found that the rates charged by the Operator are unreasonable.  Xv- ` x6.` ` Upon review of operator's FCC Form 393, an adjustment was made to the  xbenchmark channel rate (Part 2, Line 220). Our review, while agreeing with the Operator's  xassessment of a total of 31 channels and 23 satellite channels, revealed a benchmark channel rate  xof 0.704 rather than 0.706 as reported by the Operator. Because of this revision, the inflation  xadjustment factor was recalculated. In making this recalculation we used the most accurate data  X - xcurrently available for inflation adjustments.  {O| - xԍ See 47 C.F.R.  76.922(b)(9)(iii) (if a cable operator fails to justify its rates, rates must be adjusted in accordance with the most accurate data available at the time of analysis). On July 29, 1994, the Department of Commerce  xreleased corrected inflation data including Gross National Product Price Index ("GNPPI") figures  xof 122.3 for the third quarter of 1992 and 126.5 for the fourth quarter of 1993. Using these  xGNPPI figures, we calculate 1.037 as the Inflation Adjustment Factor through January 1994, the  xlbase date Operator should have used in justifying its rates. Therefore, we have adjusted  xOperator's filing to reflect this factor. As a result, the maximum permitted rate of $10.34 calculated by Operator has been reduced to $10.22.  XK- ` x7.` ` Operator filed an FCC Form 1200, dated July 19, 1995, with the Commission to  X4- x[justify CPST rates in effect after May 14, 1994.4" yO- xԍ We have not received a deferral of refund liability request from the Operator. Consequently, Operator's refund liability for its CPST rates not justified on its FCC Form 1200 filing begins on May 15, 1994.  Operator has calculated a maximum permitted  xrate of $9.07. However, it continued to charge an actual rate of $10.74 until June 30, 1995. We  xadjusted Module A, Line 6, to reflect an amount of $10.22, the maximum permitted rate  x{calculated in the FCC Form 393. We have made no other adjustments and agree with the  xmaximum permitted rate of $9.07. We conclude that Operator was overcharging in the amount  xof $1.67 and therefore find the rate of $10.74 to be unjustified for the period from May 15, 1994 to March 31, 1995.  X|- ` x8.` ` Operator's FCC Form 1210 was filed on September 19, 1996 for the period from  xApril 1, 1994 to March 31, 1995 to justify a maximum permitted rate of $9.94, effective April  x=1, 1995. We have revised Operator's maximum permitted rate to $9.93 due to rounding. At this  x>time Operator was charging an actual rate of $10.74. On July 1, 1995, Operator increased its  x[CPST rate to $11.49. Operator, however, filed no forms with the Commission to justify this rate  xincrease. Consequently, Operator has not only failed to justify its July 1, 1995 CPST rate, it is  xalso in violation of the Commission's requirement that operators provide the Commission at least  X-30 days notice of a proposed rate change when there is a pending complaint.Cz yO'-ԍ 47 C.F.R. Section 76.958.C " ,N(N(ZZ"Ԍ X- ` ԙx9.` ` Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's  x{rules, 47 C.F.R.  0.321, that the CPST rates charged by Operator in the above referenced community from January 24, 1994 to the present ARE UNREASONABLE.  X- x  X- ` 4x10.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's  xrules, 47 C.F.R.  0.321, that the complaint against the CPST rates charged by Operator in the  xabove referenced community from January 24, 1994 to the present IS GRANTED TO THE EXTENT DISCUSSED HEREIN.     X1- ` x11.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's  xrules, 47 C.F.R.  76.961, that Operator shall refund to subscribers in the abovereferenced  xcommunity that portion of the amount paid in excess of the maximum permitted CPST rate of  x$10.22 per month (plus franchise fees), plus interest to the date of the refund, for the period from January 24, 1994 to May 14, 1994.  X - ` x12.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's  xrules, 47 C.F.R.  76.961, that Operator shall refund to subscribers in the abovereferenced  xcommunity that portion of the amount paid in excess of the maximum permitted CPST rate of  x$9.07 per month (plus franchise fees), plus interest to the date of the refund, for the period from May 15, 1994 to March 31, 1995.  X- ` x13.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's  xrules, 47 C.F.R.  76.961, that Operator shall refund to subscribers in the abovereferenced  xcommunity that portion of the amount paid in excess of the maximum permitted CPST rate of  x$9.93 per month (plus franchise fees), plus interest to the date of the refund, for the period from April 1, 1995 to the day before Operator implements the maximum permitted CPST rate of $9.93. x  X- ` 4x14.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's  xrules, 47 C.F.R.  0.0321, that Operator in the abovereferenced community, shall revise the  x.calculation of its maximum permitted CPST rates in its next FCC Form 1210 filing in accordance with this Order. "7,N(N(ZZ?"  X- ` x15.` ` 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` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Meredith J. Jones x` `  hh@Chief, Cable Services Bureau