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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) ) Cablevision of New York) CUID Nos.NY1413 (Brooklyn) )NY1414 (Bronx) ) ) Complaint Regarding ) Cable Programming Services Tier Rates) ORDER Adopted: June 16, 1997Released: June 18, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints against the above-captioned operator ("Operator") for its cable programming services tier ("CPST") in the communities set forth above. Operator has attempted to justify its CPST rate through benchmark showings on FCC Forms 1200 and 1210. We have already issued a separate order in which we found that Operator's CPST rates in effect prior to May 15, 1994 were not unreasonable ("Reconsideration Order"). We have also issued a separate order in which we found that Operator's CPST rate increase effective June 1, 1996 was not unreasonable. Accordingly, this Order addresses the reasonableness of Operator's CPST rates for the period from May 15, 1994 through May 31, 1996. 2.The Communications Act authorizes the Federal Communications Commission ("Commission") to review the CPST rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 3.The Commission's original rate regulations took effect on September 1, 1993. The Commission subsequently revised its rate regulations effective May 15, 1994. Cable operators must use the FCC Form 1200 series to justify their rates through a benchmark showing for the period beginning May 15, 1994. Cable operators may also justify rate increases based on the addition and deletion of channels, changes in certain external costs, and inflation, by filing FCC Form 1210. Operators must file FCC Form 1210 at least 30 days before new rates are scheduled to go into effect where the Commission has found the cable programming service tier rate to be unreasonable less than one year prior to the filing, or where there is a pending complaint against the CPST rate. 4. On March 14, 1995, Operator filed an amended FCC Form 1200. On October 17, 1995, Operator filed an amended FCC Form 1210, covering the period from April 1, 1994 through September 30, 1994, to justify a CPST rate of $12.67 implemented on November 1, 1994. On February 6, 1996, Operator filed a second amended FCC Form 1210, covering the period from October 1, 1994 through September 30, 1995, to justify a rate of $13.09 implemented on November 1, 1995. 5.Upon review of Operator's amended FCC Form 1200, we find that Operator has justified its CPST rate of $12.38 effective May 15, 1994 and its CPST rate of $11.65 implemented on July 14, 1994. Upon review of Operator's amended FCC Forms 1210, we find that Operator has justified its CPST rate of $12.67 implemented on November 1, 1994 and its CPST rate of $13.09 implemented on November 1, 1995. Therefore, we find that Operator's CPST rates effective May 15, 1994 through May 31, 1996, in the communities referenced above are not unreasonable. 6.Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321 that Operator's CPST rate of $12.38, for the period May 15, 1994, through July 13, 1994 in the communities set forth above, IS NOT UNREASONABLE. 7.IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that Operator's CPST rate of $11.65, effective July 14, 1994, in the communities set forth above, IS NOT UNREASONABLE. 8.IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that Operator's CPST rate of $12.67, effective November 1, 1994, in the communities set forth above, IS NOT UNREASONABLE. 9.IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that Operator's CPST rate of $13.09, effective November 1, 1995, in the communities set forth above, IS NOT UNREASONABLE. 10.IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that the complaints referenced herein against the CPST rate charged by Operator in the franchise area referenced in the caption ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau