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A. 1. a.(1)(a) i) a)T,0*ÍÍ,*Í ., US!!!! ! #:}D4P XP#T 1. 1. 1. a.(1)(a) i) a)T     X` hp x (#%'0*,.8135@8:<     #:}D4P XP# ,0*ÍÍ,*Í ., US!!!! ! #:}D4P XP#FootnoteuSÍč2'K~KFKK܅"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&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""* yO6!-ԍ 47 C.F.R Section 76.1402.B Thus, in this case, Operator  xyis required to justify the increase in its CPST rate which is the subject of the LFA's complaint. Operator  S-filed FCC Forms 1240 with the LFA as justification for this rate increase.     S- ` x5.` ` On February 22, 1996, the Commission issued an order granting Operator a waiver (the  x"Waiver Order") of certain rate adjustment requirements in its initial filing of the Commission's annual",p(p(88"  S- x.rate adjustment form (FCC Form 1240).* {Oh- xԍ See Annual Rate Adjustment System for Cable Service Rates, Request for Waiver of Requirements Contained in the Thirteenth Order on Reconsideration, (DA 96220, released February 22, 1996). Specifically, the Waiver Order allowed Operator, in its initial  xFCC Form 1240 filings, to include estimated changes in costs, inflation, channels and subscriber  xinformation attributable to the period between the last date for which actual cost data was available and  xthe effective date of the new rates. In the Waiver Order, Operator was instructed to include in its initial  x0FCC Form 1240 filing certain calculations, such calculations to be performed on FCC Form 1240  x.(primarily in Module G), or off FCC Form 1240, in an alternative showing done pursuant to the Waiver  S- xOrder's "General Guidelines."D"* yO -ԍ Waiver Order at Appendix A.D Operator chose to use an alternative showing pursuant to the "General Guidelines" rather than perform its calculations directly on FCC Form 1240.  S- ` 2x6.` ` On October 25, 1996, Operator wrote to the Commission requesting review and approval  x\of a modified FCC Form 1240 to justify rates for the projected period from June 1, 1997 to May 31,  SH - x1998.H * {O- xԍ See Letter from Angela Montoya, TCI Communications, Inc., to Alex Byron, Cable Services Bureau, Federal Communications Commission, dated October 25, 1996. On January 9, 1997 the Commission consented to the Operator's use of the form for such period  S -in lieu of filings on the Commission's standard FCC Form 1240. * {O- xhԍ See Letter from Meredith Jones, Chief, Cable Services Bureau, Federal Communications Commission to Angela Montoya, TCI Communications, Inc., Dated January 9, 1997.  S - ` x7. ` ` To justify its CPST rate, effective June 1, 1997, Operator submitted two FCC Forms 1240,  x.the first for the projected period June 1, 1996 to May 31, 1997 ("First Form 1240"), and the second for  x=the projected period June 1, 1997 to May 31, 1998 ("Second Form 1240"). Operator's First Form 1240  xused Operator's alternative showing, calculated pursuant to the Waiver Order. Operator's Second Form  x1240 followed the format set forth in Operator's October 25, 1996 letter. On reviewing the submitted  x[forms, we determined that neither of the submitted forms produced identical results to filings that would have been made on the Commission's standard FCC Form 1240.  S- ` x8. ` ` Accordingly, on December 4, 1997, Operator submitted new standard FCC Forms 1240,  xfor the projected periods June 1, 1996 to May 31, 1997, and June 1, 1997 to May 31, 1998, which  S@- xperformed the Waiver Order's calculations directly on the standard FCC Forms 1240 as well as the  S- xcalculations described in Operator's October 25, 1996 letter.Hf * yO - xJԍ Operator submitted these forms but also stated that it "continues to believe that these additional forms are not  xrequired or necessary as [Operator used] the FCC approved waiver in filing the Form 1240 for this system." Letter  xfrom Angela Bricmont, Director of Regulatory Compliance, TCI Communications, Inc., to Margaret Egler, Assistant  xiChief, Financial Analysis and Compliance Division, Cable Services Bureau, Federal Communications Commission dated December 4, 1997.H Review of both standard FCC Forms 1240  xis necessary to calculate the appropriate maximum permitted rate and the refund amount, if any, for the  xperiod beginning June 1, 1997. Operator also submitted a refund plan which calculated the amount of  xrefunds owed to subscribers in the community referenced above for the duration of the one year projected period ending May 31, 1998.  SP-"P,p(p(88"Ԍ S- ` x9.` ` Upon review of Operator's new FCC Form 1240, for the projected period June 1, 1996  xto May 31, 1997, we find that Operator has correctly calculated its maximum permitted rate ("MPR") of  x[$15.44. Upon review of Operator's new FCC Form 1240, for the projected period June 1, 1997 to May  xy )$t 31, 1998, we find that Operator has correctly calculated its MPR of $16.48. However, Operator's actual  xCPST rate, effective June 1, 1997, is $16.56. Operator has submitted a refund plan which calculates, with  x.interest, the total amount of overcharges that will be collected from CPST subscribers in the community  S- xkreferenced above from June 13, 1997 (the date of the first subscriber complaint)* {Ox-ԍ See Section 623(c)(1)(C) of the Communications Act, 47 U.S.C Section 543(c)(1)(C) (1996). to May 31, 1998.vZ* {O -ԍ See Section 76.961 of the Commission's Rules, 47 C.F.R. Section 76.961.v  xjUpon review of Operator's refund plan, we find that Operator has correctly calculated, with interest, the  xjamount of overcharges that will be received from subscribers during the projected period ending May 31,  x1998. These calculations result in a total refund amount of $0.95, per CPST subscriber, including interest.  xWe will order Operator to pay the refund amount of $0.95 to each current CPST subscriber within 60 days  SH - xjof the release of this order.|H * {O-ԍ See Section 76.961(c) of the Commission's rules, 47 C.F.R. Section 76.961(c).| We will also order that any rate Operator charges on and after June 1, 1998  xshall be premised on Operator's use of (1) the standard FCC Form 1240 for rate calculation purposes and  x\(2) $16.48 as Operator's Current Maximum Permitted Rate as called for on Line A1 of its FCC Form  x1240 filing for the projected period beginning June 1, 1998. Contingent upon Operator's refund payment  xto its subscribers, we have determined that Operator's total CPST rate collections in the community referenced above, for the projected period June 1, 1997 to May 31, 1998, will be reasonable.  S0- ` `x10.` ` Accordingly, IT IS ORDERED, pursuant to Section 76.961 of the Commission's rules,  x47 C.F.R. Section 76.961, that Operator shall refund to CPST subscribers in the franchise area referenced above the amount of $0.95 within 60 days of the release of this Order.  S- ` x11.` ` IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47  xC.F.R. Section 76.962, that Operator, within 90 days of the release of this Order, shall file with the Chief,  xCable Services Bureau, a certification of its compliance with the refund requirements of this Order, and a certification of its intent to comply with all other aspects of this Order.  S- ` x12.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  x{C.F.R. Section 0.321, that Operator shall use (1) the standard FCC Form 1240 for rate calculation  xpurposes and (2) $16.48 as Operator's Current Maximum Permitted Rate as called for on Line A1 of its FCC Form 1240 filing for the projected period beginning June 1, 1998.  S- `  x13.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that the complaint referenced herein against the rates charged by Operator in the community set forth above IS GRANTED TO THE EXTENT INDICATED HEREIN.  S`-x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@John E. Logan  S!-x` `  hh@Deputy Chief, Cable Services Bureau#Xj\  P6G;9XP# )$t