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CT0076 (City of Danbury)  S-x` `  hh@)hppCT0085 (City of Bethel)  S-x` `  hh@)hppCT0113 (City of Ridgefield)  SX-Petition for Reconsiderationhh@)  S -P ORDER ON RECONSIDERATION  S -T P  S -X` hp x (#%'0*,.8135@8:to review CPST rates upon the filing of a valid complaint by a subscriber or local franchise authority  x[("LFA"). If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any  Sp- xrefund liability.Mp| {O#-ԍ See 47 C.F.R. Section 76.957.M The Telecommunications Act of 1996 ("1996 Act")Tp yO%-ԍ Pub. L. No. 104104, 110 Stat. 56 (1996). T and our rules implementing the new  SH- xlegislation,H {O'- xԍ See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). requires that complaints against CPST rates be filed with the Commission by a franchising  xauthority that has received subscriber complaints. A franchising authority may not file a CPST rate"  ,**88"  x!complaint unless, within 90 days after such increase becomes effective, it receives more than one subscriber complaint.  S- ` Rx3.` ` The Commission's original rate regulations took effect on September 1, 1993. yO- xԍ Order in MM Docket No. 92266, Implementation of Sections of the Cable Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042 (Aug. 2, 1993). The  S`- xCommission revised its rate regulations effective May 15, 1994.^`  {O - x#X\  P6G;P#э #X\  P6G;P#47 C.F.R. Section 76.922(b); see also Second Order on Reconsideration, Fourth Report and Order, and Fifth  {O- xKNotice of Proposed Rulemaking, MM Docket No. 92266, FCC 9438, 9 FCC Rcd 4119, 4190 (1994) ("Second  {O -Order on Reconsideration"). Operators with valid CPST complaints  xkfiled against them prior to May 15, 1994, were required to demonstrate that their CPST rates were in  xcompliance with the Commission's initial rules from the time the complaint was filed through May 14,  S- x1994, and that their prices were in compliance with the revised rules from May 15, 1994 forward.L F {O -ԍ Id. at 4190, paras. 150152.L  xOperators attempting to justify their prices for the period prior to May 15, 1994, through a benchmark  S-showing had to complete and file FCC Form 393.3  {O-ԍ Id.3  SH - ` nx4.` ` Cable operators attempting to justify rates for the period beginning May 15, 1994 through  S - xa benchmark showing must use the FCC Form 1200 series. j  {O*-#X\  P6G;P#э #X\  P6G;P#47 C.F.R. Section 76.922 (b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n. 195. Cable operators may also justify rate  xincreases based on the addition and deletion of channels, changes in certain external costs, and inflation,  S - xby filing FCC Form 1210.  yOl-#X\  P6G;P#э #X\  P6G;P#47 C.F.R. Section 76.922 (d). FCC Form 1210 must be filed at least 30 days before new rates are  xscheduled to go into effect where the Commission has found the CPST rate to be unreasonable less than  S - xone year prior to the filing, or where there is a pending complaint against the CPST rate.  yO-#X\  P6G;P#э #X\  P6G;P#47 C.F.R. Sections 76.958 and 76.960.ģ Cable  xoperators may justify adjustments to their rates on an annual basis using FCC Form 1240 to reflect  xreasonably certain and quantifiable changes in external costs, inflation, and the number of regulated  S- x.channels that are projected for the twelve months following the rate change.\ {O- x#X\  P6G;P#Ѝ#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  {OV!-Reconsideration, ("Thirteenth Reconsideration Order") 11 FCC Rcd 388, 391 (1995). Any incurred cost that is  S- xznot projected may be accrued with interest and added to rates at a later time.@ {O#-#X\  P6G;P#Ѝ#X\  P6G;P# See Thirteenth Reconsideration Order at 392. If actual and projected  x[costs are different during the rate year a "trueup" mechanism is available to correct estimated costs with  S- x>actual cost changes. {O'-#X\  P6G;P#э #X\  P6G;P# Id. The period under review for the Prior Order was the period beginning July 15,"d,p(p(88" 1994 to the present.  S- ` x5.` ` To justify CPST rates in effect from July 15, 1994 to September 9, 1994, Operator filed  xan FCC Form 1200 on October 20, 1994. In our Prior Order, we revised Module A, Line A6 of  xOperator's FCC Form 1200 to agree with the maximum permitted rate ("MPR") of $10.01 justified in  xkOperator's revised FCC Form 393. We explained that Operator's revised FCC Form 393 was revised  S- xpursuant to the Comcast Resolution.  {Ox- xKԍ See Prior Order at n.23, citing In the Matter of Comcast Cable Communications, Inc., Final Resolution of  {OB-Cable Programming Service Rate Complaints, 11 FCC Rcd 4029 (1995).  Our revision reduced the MPR Operator entered on FCC Form 1200, Module A, Line A6 from $11.18 to $10.01.  S- ` x6.` ` In its Petition, Operator alleges that the Bureau erred in revising its FCC Form 1200,  Sr- xModule A, Line A6 to agree with the MPR justified on Operator's revised FCC Form 393.>r$ yO6 -ԍ Petition at 4.> Operator  SJ - x{contends that the Comcast Resolution left the Operator's original FCC Form 393 filing unchanged.  S$ - xlOperator asserts that the Comcast Resolution required Operator to issue refunds to subscribers in  xconnection with FCC Form 393 for the period prior to July 14, 1994, but did not require an adjustment  xof the Operator's March 31, 1994 rates on Line A6 of Operator's previously filed FCC Form 1200.  S - x[Operator contends that the Comcast Resolution also did not require Operator to file a revised FCC Form  xM1200, and that it specifically permitted Operator to adjust CPST rates in the communities referenced  S`- xLabove.t` {O-ԍ Id. citing Comcast Resolution, 11 FCC Rcd at 4042, 4051.t Operator states that pursuant to the Commission's December 29, 1994 Public Notice, Operator  xdid submit an optional FCC Form 393 filing on February 7, 1995. However, Operator argues that this  xoptional filing had no effect on either the Operator's actual March 31, 1994 rates or Line A6 of Operator's  S- x.FCC Form 1200. F {O- xwԍ Petition at 4 citing Cable Services Bureau Announces Optional Procedures With Respect To Pending PreMay  {O-15 Benchmark Cases, Public Notice, DA 941556 (released December 29, 1994).  Accordingly, Operator contends that there is no basis in the Comcast Resolution for  x[the Bureau to have made these revisions to Operator's FCC Form 1200. The instructions for FCC Form  x1200, Line A6 directed Operator to enter its standard monthly charge "in effect during the most recent  St- xzwhole monthly billing period ending on or before March 31, 1994."qt {O-ԍ Petition at 45 citing FCC Form 1200 Instructions at 11, Line A6.q Operator contends that the rate  xcards attached to Operator's FCC Form 1200 demonstrate that Operator correctly entered on Line A6 its  xactual charge as of March 31, 1994. Consequently, Operator maintains that there was no justification for  xreplacing Line A6 of Operator's FCC Form 1200 with a figure derived from the Operator's revised FCC  S-Form 393, and that Line A6 should not have been adjusted.84  yO"-ԍ Petition at 5.8  S- ` x7.` ` Upon review of Operator's FCC Forms 393 and 1200 filings, we find that Operator  xcorrectly entered its actual March 31, 1994 rates on Line A6 of its FCC Form 1200 as required by the FCC Form 1200 instructions. Accordingly, we will grant Operator's Petition with respect to this issue. "  ,p(p(88z"Ԍ S- ` x8.` ` In our Prior Order, we also adjusted Operator's full reduction rate (Module G, Lines G5  xand G6) on its FCC Form 1200 to reflect September 30, 1992 equipment revenue and franchise fee figures  S- xreported in the revised FCC Form 393.A yO-ԍ Prior Order at para. 6.A Specifically, we changed Line G5 from $134,487.00 to  S-$129,679.00, and Line G6 from $37,656.97 to $46,638.00.3X {O-ԍ Id.3  S8- ` x9.` ` In its Petition, Operator contends that the Bureau's adjustment of equipment revenue on  xLine G5 was incorrect because it ignored the difference between the instructions of FCC Form 393 and  S- x1200.8 yOr -ԍ Petition at 5.8 The instructions for FCC Form 1200, Line G5 require the entry of equipment revenue information  S- x"for the last whole monthly billing period ending on or before September 30, 1992."kz {O -ԍ Id. citing FCC Form 1200 Instructions at 19, Line G5.k In contrast, the  xNrelevant instructions for FCC Form 393 direct cable operators to calculate their "monthly average  xequipment revenue [using] total revenues . . . earned over the last fiscal year for the community  SH - xunit...."UH  yO-ԍ FCC Form 393 Instructions at 10 (Line 104).U Operator argues that the FCC Form 1200 requires equipment revenue information from  xa particular month, while the FCC Form 393 requires an annual monthly average of equipment revenue.  xTherefore, Operator contends that it correctly entered September 1992 equipment revenue information on  xLine G5, which the Bureau replaced with average annual equipment revenues derived from FCC Form  x\393. In addition, Operator argues that the Bureau should not have taken the franchise fee figure from  xFCC Form 393 and used it as a basis to adjust FCC Form 1200. As a separate issue, Operator also  xcontends that the Bureau's adjustment to Line G6 of its FCC Form 1200 did not reflect the correct  xfranchise fee figure. This is due to an error made by Operator. Subsequent to Operator's FCC Form 1200  S- xfiling, it "discovered a miscalculation in the franchise fee reported on FCC Form 1200."8 yOD-ԍ Petition at 6.8 Operator admits  S- xthat it should have reported a figure of $44,167 in lieu of the $37,656.97 that it reported.3,  {O-ԍ Id.3 Operator states  S-that this error resulted in an $0.08 differential between the rate that Operator charged and the MPR.  {O- xMԍ Id. Operator states that it has already provided a refund to Basic Tier subscribers as a result of this miscalculation.   Sh- ` x10.` ` Upon consideration of Operator's Petition with respect to the adjustment of equipment  xrevenue on Line G5 of FCC Form 1200, we find that Operator correctly followed the FCC Form 1200  xinstructions. Accordingly, we will grant Operator's Petition with respect to this issue and permit Operator  xto use the equipment revenue information that it entered on Line G5 of its FCC Form 1200. We will also  xgrant Operator's Petition to use the original franchise fee amount that it entered on Line G6 of its FCC  xjForm 1200. However, we will deny Operator's request to correct the error that it made in calculating the  xamount of the franchise fee reported. Under Commission rules, a petition for reconsideration which relies  xLon facts not previously presented to the Commission may be granted only if these facts relate to events"P,p(p(88"  xwhich have occurred or circumstances which have changed since the last opportunity to present such  x/matters, or if these facts were unknown to petitioner until after its last opportunity to present such  S- xmatters.D yO-ԍ 47 C.F.R.  1.106(c)(1)D The newly presented facts and arguments are neither newly discovered nor the result of  xchanged circumstances, since Comcast indicates by its own admission that it was aware of this error before  xour Prior Order was released, but did not provide this information to the Bureau until the Petition was  S8- xfiled.8 8X yO0-ԍ Petition at 6.8 Accordingly, we will deny Operator's Petition with respect to this issue, and accept Operator's original figure of $37,656.97 on Line G6.  S- ` x11.` ` As discussed above, we accept the figures used by Operator on Line A6, Line G5 and  xLine G6 of its FCC Form 1200. Because, on review, we found no apparent errors in Operator's  x>subsequent FCC Form 1210 and 1240 filings, we will accept these forms as originally filed. Because  xOperator's CPST rates have not exceeded its MPRs, we find that Operator's CPST rates in the community  xreferenced above, for the period July 15, 1994 through November 30, 1996, are not unreasonable. We  S -also find that Operator's CPST rate of $13.80, effective December 1, 1996, is not unreasonable. (#(#X  S - ` x12.` ` Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that the monthly CPST rates charged by Operator in the communities referenced above, from July 15, 1994 through November 30, 1996, ARE NOT UNREASONABLE.  S- ` x13.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  S- xkC.F.R. Section 0.321, that the monthly CPST rate of $13.80 charged by Operator in the communities referenced above, effective December 1, 1996, IS NOT UNREASONABLE.  Sh- ` x14.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that the complaints referenced in Comcast Cablevision of Danbury, Inc., DA 971610 (released July 30, 1997) ARE DENIED.  S- ` x15.` ` IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47  xC.F.R. Section 1.106, that the Petition for Reconsideration seeking reversal of Comcast Cablevision of Danbury, Inc., DA 971610 (released July 30, 1997) IS GRANTED IN PART AND DENIED IN PART.  S(- ` x16.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that Comcast Cablevision of Danbury, Inc., DA 971610 (released July 30, 1997) IS VACATED.  S- ` x17.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that Operator's Petition for Stay of Comcast Cablevision of Danbury, Inc., DA 971610 (released July 30, 1997) IS DENIED AS MOOT. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Meredith J. Jones  Sp#-x` `  hh@Chief, Cable Services Bureau #Xj\  P6G;9XP#