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In its complaint, the LFA asserts that it has received   !more than one subscriber complaint against Operator's CPST rate increase, thereby triggering the   Commission's jurisdiction to review this complaint. The valid complaint from the LFA triggers an  S0-  obligation on behalf of the cable operator to file a justification of its CPST rates with the LFA.0 yOf$-#X\  P6G;IP#э #X\  P6G;IP#47 C.F.R Section 76.1402. Thus,   in this case, Operator is required to justify the increase in its CPST rate which is the subject of the LFA's   complaint. Operator submitted FCC Form 1240 for the community set forth above to justify its CPST"&,_(_(II*"  S-rate increase.: yOh-  #X\  P6G;IP#Ѝ #X\  P6G;IP# In a letter dated January 28, 1997, Operator submitted its FCC Form 1240 and other supporting documentation to the LFA to justify its November 1, 1996 CPST rate increase. :  S-  35.` ` The LFA contends that Operator incorrectly calculated its inflation factor, the average   monthly trueup inflation factor on Worksheet 1, and the CAPS adjustment for the addition of channels   to its programming in its FCC Form 1240 filing. The LFA further contends that in the Prior Order, we   incorrectly allowed Operator to recover excess inflation. The LFA also requests that we rescind the   waiver which allows Operator, in its August 1, 1996 initial filing of FCC Form 1240, to calculate an   inflation adjustment factor of 2.61% instead of the inflation factor of 2.39% subsequently released by the  S-  Commission.  {O -#X\  P6G;IP#э #X\  P6G;IP# See letter from Meredith J. Jones, Chief, Cable Services Bureau, to Dow, Lohnes & Albertson, PLLC, DA 97268 (released February 5, 1997) ("Waiver Letter"). Operator contends that it used the correct inflation adjustment factor for the relevant time period on its FCC Form 1240 and that it calculated Worksheet 1 correctly.  SH -  6.` ` The LFA did not file a petition for reconsideration or an application for review of the   Prior Order or the Waiver Letter. Because the LFA is now attempting to raise issues in this proceeding   that it failed to properly place before the Commission in accordance with the Commission's Rules, we will   lnot consider the LFA's request to review Operator's filings associated with the Prior Order in this  S -  =proceeding. z {O-#X\  P6G;IP#э #X\  P6G;IP#See Sections 1.101 1.120 of the Commission's Rules, 47 C.F.R. Sections 1.101 1.120. We will, however, consider the LFA's contention regarding Operator's adjustments for the  S -addition of new channels in our review of Operator's FCC Forms below.   S0-  7.` ` In order to justify the rate of $15.80, used on Line A1 of its FCC Form 1240, for the   [projected period November 1, 1996 to October 31, 1997, Operator argues that the Prior Order approved   Operator's FCC Form 1210, covering the period October 1, 1995 to December 31, 1995. This FCC Form   1210, as filed by Operator, attempts to justify a maximum permitted rate ("MPR") of $15.80. Because   the Prior Order denied all complaints against Operator regarding its CPST covering the period May 15,   1994 through December 31, 1995, Operator argues that the Prior Order approved the FCC Form 1210   Lcovering the period October 1, 1995 to December 31, 1995 and, consequently, the MPR of $15.80. The   [LFA opposes Operator's argument that the MPR calculated by Operator on its FCC Form 1210, for the   period October 1, 1995 to December 31, 1995, should be the starting rate on Operator's FCC Form 1240, Line A1.  Sx-  #8.` ` Operator has misinterpreted the Prior Order. When an operator files an FCC Form 1210,   0the operator is utilizing the quarterly rate adjustment method detailed in Section 76.922(d) of the  S(-  Commission's rules.(  yO"-#X\  P6G;IP##X\  P6G;IP#э 47 C.F.R. Section 76.922(d) (1996). According to Section 76.922(d), the operator cannot adjust its rates in accordance   Lwith its FCC Form 1210 until the close of the calendar quarter(s) for which the FCC Form 1210 is being   filed. Because the FCC Form 1210 filed by Operator in the community referenced above covers the   period October 1, 1995 to December 31, 1995, the earliest Operator could adjust its rates pursuant to the   FCC Form 1210 was January 1, 1996. The Prior Order only addressed "the reasonableness of Operator's",_(_(II"  S-  rates starting May 15, 1994 through December 31, 1995." yOh-#X\  P6G;IP#э #X\  P6G;IP#Prior Order at 16983. Therefore, the Prior Order did not address   [Operator's March 1, 1996 CPST rate increase, for which Operator filed the FCC Form 1210 in question,   and made no findings regarding Operator's FCC Form 1210 for the period October 1, 1995 to December  S-31, 1995. X yO-#X\  P6G;IP#э #X\  P6G;IP#There were no complaints filed against Operator's March 1, 1996 CPST rate increase. ` `  S8-  o9.` ` Our review of Operator's FCC Form 1210 for the period October 1, 1995 to December  S-  L31, 1995 indicates that Operator has miscalculated its MPR.  yO -#X\  P6G;IP#э #X\  P6G;IP#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. We adjusted Operator's starting rates on   Lines A1 and A2 to reflect the correct transition rate and permitted charge, respectively, from the Prior  S-  FCC Form 1210. {O0-#X\  P6G;IP#э  #X\  P6G;IP#See Prior Order, 11 FCC Rcd 16893 (1996). In addition, we eliminated all of Operator's programming costs on Module C, Lines   C6 through C13 because Operator already recovered these costs in its prior FCC Form 1210, dated April   21, 1995, filed on December 4, 1995. We also corrected the previous number of channels per regulated   .tier reported on Line E1 to 11 for the basic service tier and 25 for the CPST which resulted in a decrease   from 8 to 1 on Line E4 (Total Increase in Channels). In addition, we disallowed Operator's current per   channel adjustment per tier on Line F10 because Operator already recovered this adjustment in its prior   {FCC Form 1210 for the period April 1, 1995 to September 30, 1995. We also reduced Operator's   inflation adjustment factor on Line I5 and Line J5 to 1.0296. Based on our adjustments, we calculated a revised MPR of $14.77, effective January 1, 1996.  S0-  Q10.` ` Our review of Operator's FCC Form 1240 to justify its CPST rate of $17.53, effective   November 1, 1996, indicates that Operator has miscalculated its MPR. We have corrected Operator's   starting rate on Line A1 to reflect the MPR of $14.77 from Operator's revised FCC Form 1210. As a   result of our adjustment to line A1, we have calculated a corrected MPR for the Projected Period of  S-  $16.61 (Line I9). b  yO-#X\  P6G;IP#э#X\  P6G;IP# Information regarding the specific adjustments made to Operator's filing 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. Thus, Operator has failed to demonstrate that its November 1, 1996 rate of $17.53 is not unreasonable.  S-  11.` ` 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 $17.53, effective November 1, 1996, in the community set forth above, IS UNREASONABLE.  Sx-  `12.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47   C.F.R. Section 0.321, that the complaint referenced herein against the rate increase charged by Operator in the community set forth above, IS GRANTED."(J ,_(_(II"Ԍ S-  ԙ13.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47   C.F.R.  76.961, that Operator shall refund to subscribers in the community referenced above that portion   of the amount paid in excess of the maximum permitted CPST rate of $16.61 per month (plus franchise   fee) plus interest during the period from November 1, 1996 to the day before Operator reduces its CPST rate to $16.61.  14. IT IS FURTHER ORDERED, that Operator shall promptly determine the overcharges to   CPST subscribers for the stated periods, and shall within 30 days of the release of this Order, file a report   with the Chief, Cable Services Bureau, stating the cumulative refund amounts so determined (including   franchise 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. ` `  S -  15.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47   zC.F.R.  0.321, that Operator take into account our FCC Form 1240 adjustments when calculating its maximum permitted rate and performing the trueup calculation on its next FCC Form 1240.   X` hp x (#%'0*,.8135@8: