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A. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)x1.` ` In this Order we consider complaints against the February 13, 1996 and February 13, 1997  xkrate increases that the abovecaptioned operator ("Operator") implemented for its cable programming  xservices tier ("CPST") in the community set forth above. Operator has attempted to justify its CPST rate  S-increases through benchmark showings on FCC Forms 1240.4V yO-ԍ #X\  P6G;P#Initially, Operator requested small system relief and attempted to justify its 1996 CPST rate increase on FCC Form 1230. After Operator filed its small system rate justification, the Commission denied Operator's  {O-request for small system relief in several other communities. See In the Matter of CTEC Cable System of Michigan, 11 FCC Rcd 6189 (1996). On June 19, 1996, Operator filed a Petition for Reconsideration of our  {O-Order in that proceeding. See In the Matter of CTEC Cable Systems of Michigan, Inc., Petition for Reconsideration dated June 19, 1996. Consequently, Operator submitted FCC Forms 1240 to justify its CPST  yO-rate increase in the abovereferenced community, pending a decision on Operator's Petition for Reconsideration.   {Ol-See letter from Daniel. E. Ferreri, Finance Manager, CTEC Cable Systems of Michigan, Inc., to General Manager, City of Rockford, dated March 31, 1997. 4  S8- ` x2.` ` The Communications Act8V {Ov-ԍ#X\  P6G;P# Section 623(c) of the Communications Act of 1934, as amended, 47 U.S.C. Section 543(c) (1996). authorizes the Federal Communications Commission  x("Commission") to review the CPST rates of cable systems not subject to effective competition to ensure  xjthat rates charged are not unreasonable. If the Commission finds the rate unreasonable, it shall determine  S- xthe correct rate and any refund liability.t0 V {O!-ԍ #X\  P6G;P#See 47 C.F.R. Section 76.957.t The Cable Television Consumer Protection and Competition Act  S- xzof 1992 ("1992 Cable Act")| V yO#-ԍ #X\  P6G;P# Pub. L. No. 102385, 106 Stat. 1460 (1992).| required the Commission to review CPST rates upon the filing of a valid  xcomplaint by a subscriber or a local franchising authority ("LFA"). The Telecommunications Act of 1996  SH- x=("1996 Act")HR V yO:'-Ѝ#X\  P6G;P# Pub. L. No. 104104, 110 Stat. 56 (1996). and our rules implementing the new legislation ("Interim Rules"),HV {O- xiЍ#X\  P6G;P# See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). require that complaints"H",**88n"  xLagainst CPST rates be filed with the Commission by a LFA that has received subscriber complaints. An  xLFA may not file a CPST rate complaint unless, within 90 days after such increase becomes effective, it receives more than one subscriber complaint.  S`- ` _x3.` ` Cable operators may justify adjustments to their rates on an annual basis using FCC Form  x.1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the number of  S- xregulated channels that are projected for the twelve months following the rate change.\" {O - xLЍ#X\  P6G;P# See 47 C.F.R. Section 76.960; see In the Matter of Implementation of Sections of the Cable Television  xConsumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92266, Thirteenth Order on  {Od -Reconsideration, ("Thirteenth Reconsideration Order") 11 FCC Rcd 388, 391 (1995). Any incurred cost  S- xlthat is not projected may be accrued with interest and added to rates at a later time.F {O -Ѝ#X\  P6G;P# See Thirteenth Reconsideration Order at 392. If actual and  xprojected costs are different during the rate year a "trueup" mechanism is available to correct estimated  S- x[costs with actual cost changes.Z  {O-ԍ #X\  P6G;P# Id.Z The "trueup" requires Operators to decrease their rates or alternatively  xpermits them to increase their rates to make an adjustment for over or under estimations of these costs  SH -changes.   S - ` x4.` ` On February 6, 1996, the Commission received a complaint filed by the LFA for the  S - xcommunity set forth above against Operator's February 13, 1996 CPST rate increase.&  j  {O-ԍ #X\  P6G;P#The previously filed complaint by the LFA against Operator's CPST rate has been withdrawn.  See In the matter of Withdrawal of FCC Form 329 Rate Complaints against CTec Cable Systems, 10 FCC Rcd 697 (1994).& On October 16,  x1996, Operator filed with the Commission its FCC Form 1240 for the period February 1, 1996 through  xJanuary 31, 1997 to justify its CPST rate increase as an alternative to its previously filed FCC Form 1230.  S0- ` x5.` ` Section 76.953 of the Commission's rules in effect at the time the complaint was filed  xprovides that complaints regarding a rate change for the CPST or associated equipment must be filed with  xthe Commission within 45 days from the date the complainant receives a bill from a cable operator that  S- xreflects the rate change.f   yO-#X\  P6G;P#э 47 C.F. R. 76.953(a).f Although the LFA contends that it received a bill on January 14, 1996 which  xcontained a CPST rate increase, the customer notification information that the LFA attached to its  Sh- xcomplaint contains notice of a proposed rate change for the next month. hT  {O\"-ԍ  #X\  P6G;P#See FCC Form 329 complaint dated February 5, 1996. The LFA filed the complaint  x[with the Commission on February 6, 1996 prior to the effective date of the rate increase. Consequently,  x>the complaint does not trigger the Commission's jurisdiction to review Operator's February 13, 1996" ,O(O(88S"  S-CPST rate increase.  yOh-ԍ #X\  P6G;P#In addition, Sections 76.951(b)(10) and 76.951(b)(12) of the Commission's rules in effect at the time the complaint was filed requires complainants to certify that the information on the Form 329 complaint is true and correct and that the complainant has served the cable operator with the complaint. Furthermore, Module 12 of the FCC Form 329 states that we will not be able to process unsigned complaints. Because the LFA filed an unsigned FCC Form 329, the LFA failed to certify the accuracy of the information supplied on the complaint and that the complaint was served on the Operator.   S- ` x6.` ` On April 18, 1997, the LFA filed a complaint regarding the February 13, 1997 increases  xjin Operator's CPST rates in the community referenced above. The LFA asserts that it has received more  xthan one subscriber complaint against Operator's CPST rate increase, thereby triggering the Commission's  S8- xjurisdiction to review this complaint.8@ yO -ԍ #X\  P6G;P#The first subscriber complaint regarding the CPST rate increase received by the LFA was on February 19, 1997. The valid complaint from the LFA triggers an obligation on the  xcable operator to file a justification of its CPST rate with the LFA. Thus, in this case, Operator is  xrequired to justify the increase in its CPST rate which is the subject of the LFA's complaint. In its  xresponse to the LFA complaint, Operator asserts that its February 13, 1997 rate increase is justified by  S- xthe FCC Form 1240 filed with the Commission along with the LFA's complaint. {O- xЍ #X\  P6G;P#Initially, Operator relied on its FCC Form 1230 to justify its CPST rate increase. See letter from Gardner F.  xGillespie and Jacqueline P. Cleary, Attorneys for CTEC Cable Systems of Michigan, Inc., to William F. Caton,  xActing Secretary, Federal Communications Commission (dated January 9, 1997). However, in a letter dated March  x31, 1997, Operator submitted to the LFA its FCC Form 1240 for the period February 1, 1997 to January 31, 1998 to justify its February 13, 1997 CPST rate increase.  We note that Operator  xMprovides service on two CPSTs, CPST1 and CPST2. Our review of Operator's filing indicates that  xjOperator deleted a channel from CPST2 without implementing a corresponding rate decrease for the tier  S -on February 13, 1997. This constitutes an implicit rate increase under Section 76.953(a) of our rules.x J  {O -ԍ#X\  P6G;P# See 47 C.F.R. Section 76.953 (a).x  S - ` x7.` ` Upon review of Operator's FCC Form 1240 for the projected period February 1, 1996 to  xJanuary 31, 1997, we have made the following adjustments. Because Operator was not previously subject  xto CPST regulation and because this FCC Form 1240 was filed in response to a CPST rate complaint,  SX- x0Operator was not entitled to claim a trueup period in this FCC Form 1240.X {O-#X\  P6G;P#э See FCC Form 1240 Instructions at p. 16.Ą Consequently, we  xdisallowed the sevenmonth trueup period claimed in this FCC Form 1240. This adjustment reduced  xzOperator's maximum permitted rate ("MPR") for CPST1 from $11.83 to $11.46. It also reduced the  x MPR for CPST2 from $6.55 to $6.49. However, because we have found that the February 6, 1996 complaint was invalid, Operator incurs no refund liability for these overcharges.  Sh- ` x8.` ` Upon review of Operator's FCC Form 1240 for the projected period February 1, 1997 to  xyJanuary 31, 1998, we adjusted the starting rates at Line A1 for CPST1 and CPST2 to conform with the  xMPRs from the previous FCC Form 1240. Because of this adjustment, we also corrected the Current FCC  x.Inflation Factor at Line C5 to 1.0183. These adjustments reduced the MPR for CPST1 from $11.34 to  x$10.48. They also reduced the MPR for CPST2 from $8.29 to $8.03. Operator's actual rate for CPST1,"n,O(O(88"  xeffective February 13, 1997 is $12.00. Operator's actual rate for CPST2, effective February 13, 1997  xis $5.60. Consequently, we find that Operator's rate for CPST1 is unreasonable while Operator's rate  S-for CPST2 is reasonable.~@ yO-#X\  P6G;P#э These findings are based solely on the representations of Operator. Should information come to our attention that these representations were materially inaccurate, we reserve the right to take any appropriate action. This Order is not 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. Information regarding the specific adjustments made to Operator's FCC Form 1240 filings can be found in the public file for the community referenced above which is available in the Cable Services Bureau's public reference 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. ~  S`- ` x9. ` ` Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  xC.F.R. Section 0.321 that Operator's CPST rate of $12.00 for CPST1, effective February 13, 1997, in the community set forth above, IS UNREASONABLE.  S- ` `x10.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  xyC.F.R. Section 0.321 that Operator's CPST rate of $5.60 for CPST2, effective February 13, 1997, in the community set forth above, IS NOT UNREASONABLE.  S - ` `x11.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  xC.F.R. Section 0.321, that the complaint referenced herein against the rate increase charged by Operator in the community set forth above, effective February 13, 1996, IS DISMISSED.  S - ` `x12.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  xC.F.R. Section 0.321, that the complaint referenced herein against the rate increase charged by Operator  xin the community set forth above, effective February 13, 1997, IS GRANTED TO THE EXTENT INDICATED HEREIN.  S- ` x13.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xC.F.R.  76.961, that Operator shall refund to subscribers in the community referenced above that portion  xof the amount paid in excess of the maximum permitted CPST1 rate of $10.48 per month (plus franchise  xjfee) plus interest during the period from February 19, 1997 to the day before Operator reduces its CPST rate to $10.48.  S- ` Ax14.` ` IT IS FURTHER ORDERED, that Operator shall promptly determine the overcharges to  xyCPST subscribers for the stated period, and shall within 30 days of the release of this Order, file a report  xwith the Chief, Cable Services Bureau, stating the cumulative refund amounts so determined (including  xfranchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of the Commission approval of the plan.   X` hp x (#%'0*,.8135@8: