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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#2PSo׀TvFUvV2FootnoteuSÍčendnote textendnote textT footnote textfootnote textU toa headingtoa headingV` hp x (#(#(#` hp x (#2WXYmZfooterfooterW` hp x (# (#  (# ` hp x (#footnote tex#X'n#d\  PCP# HeadlinenHeading for internal papersYql + WITNESS.STYIN WITNESS WHEREOFZ*Cqw  ` IN WITNESS WHEREOF,2[L\]^?1H-ART.STYARTICLES IAD[?qw )ARTICLE Iă  ` 2H-ART.STYARTICLE II\@`qw %ARTICLE IIЃ  ` 1H-WIL.STYMAIN TITLE]:\ LAST WILL AND TESTAMENT )OFă  ` 4H-ART.STYARTICLE IV^@`qw %ARTICLE IVЃ  ` 2}_`aZbَ3H-ART.STYARTICLE III_Aqw %ARTICLE IIIă  ` WILL.STYWILLS FORMATS`H, 3'3'Standard<'$<'StandardZ*pRHP L"nY4   (  '  (  ` hp x (# hp x (#ЁT I. A. 1. a.(1)(a) i) a) I I I I I (a) i) a)TLH-TXTFull ltr, date, etc. etc.a' %June 9, 1989 LH-FULLFull Ltr headbLr   'h *  '2@c7de0fLH-LOC.STYALL LOCATIONS LTR HEADcNp%` hp x (#` hp x (# 857 %June 16, 1989 ` hp x (#` hp x (#COL.STY3 columns w/line in meddoLj XX ` hp x (#` hp x (#CH$҇` hp x (#` hp x (#ЈCH$CH$SIGNLNS.STYWITNESS & ADDRESS LNS.eٹH0   'h%%++0  @ ` WITNESS `   h%%+ HxFF KK(#Q `   h%%++00p6@64ADDRESS  'h%%++0  @ ` WITNESS `   h%%+  `   h%%++0@0p/ADDRESS  'h%%++0  @ ` WITNESS  Memo Headerf(? i3$W Page  $=2grh|RiXΚjb& LetterheadPersonal letterhead with address, etc.gG 37 J.G. Harrington ă 57221 Beechwood Road 1Alexandria, Virginia 22307 7(703) 7686987 >Normalh$ Xx  @ Headeripage numberpage numberj 2Fk(l(m n(heading 3heading 3k` hp x (#@ HPX @ HPX ` hp x (#heading 4heading 4l` hp x (# @ HPX  @ HPX ` hp x (#heading 5heading 5m` hp x (#@ HPX @ HPX ` hp x (#heading 6heading 6n` hp x (#@ l HPX @ l HPX ` hp x (#2>oxpqrlҪheading 7heading 7o` hp x (#@ HPX @ HPX ` hp x (#heading 8heading 8p` hp x (#@ HPX @ HPX ` hp x (#heading 9heading 9q` hp x (#@ HPX @ HPX ` hp x (#macromacror` hp x (#  @ `PX #d6X@DQ@##Xv6X@CX@#  @ `PX ` hp x (#2´sptulvAPOAPOs` hp x (#@ HPX @ HPX ` hp x (#envelope addressenvelope addresst` hp x (#@ HPX @ HPX ` hp x (#envelope returnenvelope returnu` hp x (#@ HPX #b6X@C@##Xv6X@CX@#@ HPX ` hp x (#whitewhitev.$US?? ??US2AwlK`KKWFG Letter HeadingWFG Letter Headingw"i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\"i~'^5>M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\y.X80,X\  P6G;P7jC:,9Xj\  P6G;XP7nC:,|Xn4  pG;X2a=5,&a\  P6G;&P2e=5,&e4  pG;&P:% ,J:\  P6G;JPy.\80,T\4  pG;H5!,,5\  P6G;,P\{,W80,%W*f9 xr G;XP:% ,1J:\  P6G;JP\0_=5,% &_*f9 xr G;&XDocument Style StyleXX` ` DpLpLpLpl|a7Right ParRight-Aligned Paragraph Numbers2\/y.X80,X\  P6G;P7jC:,9Xj\  P6G;XP7nC:,|Xn4  pG;X2a=5,&a\  P6G;&P 2e=5,&e4  pG;&P:% ,J:\  P6G;JPy.\80,T\4  pG;H5!,i,5\  P6G;,P\{,W80,%0W*f9 xr G;X\0_=5,%&_*f9 xr G;&X S- X   O S- #Xj\  P6G;9XP# #&a\  P6G;&P#Federal Communications Commission`(#DA 98340 ă  yxdddy OՊ#&a\  P6G;&P##&a\  P6G;&P# P3 Before the Federal Communications Commission  S-" Washington, D.C. 20554 ă R) In the Matter ofR) R)  S-Marcus Cable Associates, L.P.R)hCUID No. IN0001 (Columbus)  S-R)h  S-R) ă X` hp x (#%'0*,.8135@8:-ԍ Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). the Federal Communications Commission  x!("Commission") is authorized to review the CPST rates of cable systems not subject to effective  S - xcompetition to ensure that rates charged are not unreasonable. The Cable Television Consumer Protection  S - xand Competition Act of 1992 ("1992 Cable Act"),T * yOX-ԍ Pub. L. No. 102385, 106 Stat. 1460 (1992).T and our rules in effect at the time the complaints were  xyfiled, required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber.  xThe filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification  S6- xof its CPST rates.B 6* yOp-ԍ 47 C.F.R. Section 76.956.B If the Commission finds the rate to be unreasonable, it shall determine the correct rate  S-and any refund liability.R * * {O-ԍ See 47 C.F.R. Section 76.957.R  S- ` px5.` ` 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 subsequently revised its rate regulations effective May 15, 1994._ ^* {OJ"- xԍ 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")._ Cable operators with valid  xCPST complaints filed against them prior to May 15, 1994 must demonstrate that their CPST rates were  SF- xyin compliance with the Commission's initial rules from the time the complaint was filed through May 14,"F: ,p(p(88"  S- xy1994, and that their rates were in compliance with the revised rules from May 15, 1994 forward.8 * {Oh-ԍ Id.8 Cable  S- x-operators attempting to justify their rates for the period prior to May 15, 1994 using a benchmark showing  S- x=must complete and file FCC Form 393.2Z* {O-ԍ Id.2 Operators must use the FCC Form 1200 series to justify their  S- xrates for the period beginning May 15, 1994 using a benchmark showing.K\* {O- xԍ 47 C.F.R. Section 76.922(b)(6); see Second Order on Reconsideration, supra at 4183, paras. 135138; supra  {O- xat 4190, n.136; see also Public Notice "Questions and Answers on Cable Television Rate Regulation" (April 26, 1994).K Cable operators may also  xzjustify rate increases based on the addition and deletion of channels, changes in certain external costs,  S8- xkand inflation, by filing FCC Form 1210.E8* yO -ԍ 47 C.F.R. Section 76.922(d).E FCC Form 1210 must be filed at least 30 days before new  xLrates are scheduled to go into effect where the Commission has found the cable programming service rate  xyto be unreasonable less than one year prior to the filing, or where there is a pending complaint against the  S- xCPST rate.H* yO-ԍ 47 C.F.R. Section 76.960.H Operators may alternatively justify adjustments to their rates on an annual basis using FCC  xForm 1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the  Sp- xnumber of regulated channels that are projected for the twelve months following the rate change.Ep0 * yO@-ԍ 47 C.F.R. Section 76.922(e).E Any  SH -incurred cost that is not projected may be accrued with interest and added to rates at a later time.2H * {O-ԍ Id.2  S - ` 4x6.` ` The Commission's rules also provide for a refund liability deferral period, if timely  xrequested by Operator, beginning May 15, 1994 and ending on the date the Operator changes the actual  xrate for regulated services or, at the latest, on July 14, 1994, for any overcharges resulting from Operator's  S - xkcalculation of a new maximum permitted rate ("MPR") on FCC Form 1200.V R * {Or-ԍ See 47 C.F.R. Section 76.922(b)(6)(ii).V This deferral of refund  xliability, however, does not apply to refund liability that may have occurred because Operator's March W$: Ԡ W$: 31,  x1994 rates for its CPST subject to regulation were higher than levels permitted under the Commission's  S- xrules in effect before May 15, 1994.2* {O -ԍ Id.2 Accordingly, the liability period for Operator's overcharges  x[associated with its FCC Form 1200 filing does not begin to run until the date Operator changes its actual  xrate for regulated services or, at the latest July 15, 1994. However, Operator will incur refund liability  xbetween May 15, 1994 and the date Operator changes the actual rate for regulated services, or July 14,  x1994, for any CPST rates charged above the MPR approved by the Commission on Operator's FCC Form  S@-393.2@v* {OV&-ԍ Id.2  S-",p(p(88"Ԍ S- ` x7.` ` Upon review of Operator's FCC Form 1200, filed to justify its CPST rates beginning  xMay W$: Ԡ W$: 15, 1994, we adjusted Line A6 to $10.13 to correspond to the maximum permitted rate ("MPR")  S- xdetermined in our 1994 Order. * yO- xԍ Information regarding the specific adjustments made to Operator's FCC Forms can be found in the public files  xZfor the abovereferenced community which are available in the Cable Services Bureau's public reference room, or  x<through the Commission's copy contractor, International Transcription Services (ITS), 1231 20th Street N.W.,  yOp-Washington, DC, 20554, or by calling ITS at (202) 8573800. We find Operator's CPST MPR of $9.12 to be reasonable. * yO- xԍ This finding is based solely on the representations of Operator. Should information come to our attention that  x;these representations were materially inaccurate, we reserve the right to take any appropriate action. This Order is  xnot 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. Because  S- xOperator's actual CPST rate was $10.47,\* {O - xiԍ See 1994 Order, Appendix B. In its 1994 Refund Plan, Operator states that the "Commission found [in its  x1994 Order] that [Operator's] actual monthly charge for its CPS tier was $10.47 per month (plus franchise fee)."  {OR-1994 Refund Plan at p. 1. Operator further states that it "does not dispute these calculations or findings ..." Id.  however, we find Operator's CPST rate to be unreasonable for  xthe period May 15, 1994 through June 30, 1994. However, Operator elected to take advantage of the  S8- xrefund liability deferral period in accordance with the Commission's Rules.'8 * {O- xԍ See Letter from Sandra K. Turley, Vice PresidentRegional Operations, Sammons Communications, Inc., to  {O^-the Federal Communications Commission dated May 18, 1994. See also 47 C.F.R. Section 922(b)(6)(ii) (1996).' Accordingly, Operator does  xnot incur refund liability for charging in excess of the MPR calculated on its FCC Form 1200 for the  x[period May 15, 1994 through June 30, 1994. However, Operator does incur refund liability for charging  x=a CPST rate of $10.47, for the period May 15, 1994 through June 30, 1994, which is above the MPR of  x$10.13 approved by the Commission on Operator's FCC Form 393. In addition, because Operator's actual  xCPST rate of $11.29, in effect from July 1, 1994 through October 31, 1995, exceeded its FCC Form 1200  xMPR, we find Operator's actual CPST rate of $11.29 to be unreasonable effective July 1, 1994 through June 30, 1995.  S - ` px8.` ` Upon review of Operator's FCC Form 1210 covering the period March 31, 1994 to  xJune W$: Ԡ W$: 30, 1995, we find that Operator claimed an excessive inflation factor. Operator is a "transition rate"  xLbenchmark operator and, therefore, may apply an inflation adjustment factor of no more than 1.0215 for  xthe period October 1, 1993 to June 30, 1994. Accordingly, we adjusted Operator's inflation factor on  xyLines I5 (Inflation Adjustment Factor) and J5 (Inflation Adjustment Factor) each from 1.0521 to 1.0215.  xThese adjustments to Operator's FCC Form 1210 have reduced Operator's MPR from $9.80 to $9.63.  xBecause Operator's actual CPST rate continued to be $11.29, we find that Operator's CPST rate, effective  xJuly 1, 1995 through October 31, 1995, to be unreasonable. On November 1, 1995, Operator implemented  xa CPST rate of $9.80 to conform with its FCC Form 1210 filing. Because Operator's actual CPST rate  xMof $9.80 exceeded its reduced MPR of $9.63, we find Operator's actual CPST rate of $9.80, effective  xNovember 1, 1995 through May 31, 1996, to be unreasonable. However, because Operator's rates have  xbeen adjusted to remove excess inflation, pursuant to our "Public Notice: Cable Rates for Inflation Applied  xjto Transition Rates," Operator will not incur refund liability because of its excess inflation until April 1,  S-1996.@* yO&-ԍ 11 FCC Rcd 1151 (1995).@ ` ` ",p(p(88"Ԍ S- ` x9.` ` Upon review of Operator's first FCC Form 1240 for the period June 1, 1996 through  x[May W$: Ԡ W$: 31, 1997, we have adjusted Module A, Line A1 to reflect Operator's previous MPR of $9.63. The  xadjustment to Line A1 required that we correct the inflation factor in Module C, Line C1 to 1.0208.  xThese adjustments reduced Operator's MPR from $11.65 to $11.32. Because Operator's actual CPST rate  x[of $11.65 exceeded its reduced MPR of $11.32, we find Operator's actual CPST rate of $11.65, effective June 1, 1996 through May 31, 1997 to be unreasonable.  S- ` x10.` ` Upon review of Operator's second FCC Form 1240 for the period June 1, 1997 through  xyMay 31, 1998, we have adjusted Module A, Line A1 to reflect Operator's previous MPR of $11.32. On  xits second FCC Form 1240, Operator's selected time period for performing its trueup adjustments  xoverlapped its selected timeperiod for trueup adjustments from its first FCC Form 1240. This is  xjincorrect. The FCC Form 1240 instructions clearly state that "[Operator] may not perform a trueup on  S - xthe same period of time twice."Z * yO -ԍ FCC Form 1240 Instructions for Timing at pp. 34.Z In addition, Operator made trueup adjustments through to the effective  xdate of the increase. This is also incorrect. The annual adjustment afforded by FCC Form 1240 allows  xoperators to project changes in external costs, inflation, and the number of regulated channels. This  x-structure avoids the delay some operators experienced in recouping costs through multiple rate adjustments  xthroughout the year. Because projections will not reflect the costs that actually occur, the Commission  xprovided, as part of the annual adjustment, a "trueup" to correct projected cost changes with the actual  xcost changes. However, the Commission has noted that, as FCC Form 1240 must be filed 90 days before  xan increase is to take effect, the period for the trueup will not coincide with the previous year's  S- x[projections.mX* yO-ԍ Thirteenth Reconsideration Order, 11 FCC Rcd 388, 420 fn 151 (1995).m The trueup data is intended to indicate real, not projected data.2* {Oh-ԍ Id.2 This policy is reflected  S-in the instructions accompanying FCC Form 1240.dz* {O-ԍ See FCC Form 1240 Instructions for Timing at pp. 34.d  Sh- ` $x11.` ` Based on this instruction and considering evidence in the filing and reasonable time for  xclosing accounts and completing forms, we have adjusted the trueup period in Operator's second FCC  S- xForm 1240 from 15 months to 11 months.b x * yO- xԍ Operator selected a 15 month trueup period for its second FCC Form 1240 filing beginning March 1, 1996  xYthrough May 31, 1997 (12 months for Period 1 and 3 months for Period 2). Operator's trueup period in its second  x;FCC Form 1240 filing overlapped by three months the selected trueup period from its first FCC Form 1240, which  x,began July 1, 1995 and ended May 31, 1996. In addition, Operator ended its trueup period in its second FCC Form  x1240 filing on the day before its projected period begins. Accordingly, we adjusted Operator's trueup period in its  xhsecond FCC Form 1240 filing to begin on June 1, 1996 and end on April 30, 1997, thereby reducing Operator's trueup period from 15 months to 11 months.b This adjustment reduced the number of months on Worksheet  x1, True Up Period 1, from 12 months to 11 months and eliminated the three months that Operator had  xlisted for True Up Period 2. Our adjustments to Worksheet 1 required that we revise Operator's inflation  xfactors. As a result, the inflation factor in Module C, Line C1 for the 11 month trueup period was corrected to 1.0202 and the current inflation factor in Module C, Line C3 was corrected to 1.0177. "PL ,p(p(88"Ԍ S- ` $x12.` ` The reduction in the length of the trueup period also results in a reduction in Line H2  x(Revenue From MPR for Period 1). This results in a corresponding reduction in Line I8 (TrueUp  xSegment for the Projected Period). In total, our adjustments to Operator's FCC Form 1240 result in a  xreduction of the MPR for the Projected Period to $12.11 (Line I9). Thus, Operator has failed to  xdemonstrate that its June 1, 1997 rate of $13.36 for its CPST was not unreasonable. To the extent that  S8- xjexternal costs from the four months disallowed from Operator's trueup periodS!8* yO-ԍ As found on Operator's Worksheets 7 and 8.S have been averaged into  xthe rates charged in the 11 months allowed in Operator's trueup period, and have not been removed by  xour adjustments, we will order Operator to make a monthbymonth accounting of such external costs.  x[Such accounting shall allow a comparison of the actual external costs for the permitted 11 month trueup  xlperiod with the recovery of external costs afforded by the external cost segment for that period as  x=calculated on Worksheet 7. We order the removal of any overrecovery, plus interest, identified thereby  xin Operator's next FCC Form 1240 filed with the Commission. Any such overrecovery of external costs  xshall be added to the amount otherwise reportable on Line H1 of Operator's next FCC Form 1240 rate calculation.  S - ` `x13.` ` Accordingly, IT IS ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator's 1994 Refund Plan IS NOT ACCEPTED.  S0- ` x14.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xjC.F.R. Section 76.961, that Operator revise its 1994 Refund Plan as detailed herein and resubmit its plan to the Chief, Cable Services Bureau, within thirty days of the release of this Order.  S- ` `x15.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  Sh- xC.F.R. Section 0.321 that Operator's CPST rate of $10.47, effective May 15, 1994 through June 30, 1994,  S@-in the community set forth above, IS UNREASONABLE.  S- ` `x16.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  S- xC.F.R. Section 0.321 that Operator's CPST rate of $11.29, effective July 1, 1994 through October 31,  S-1995, in the community set forth above, IS UNREASONABLE.  SP- ` `x17.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  S(- xC.F.R. Section 0.321 that Operator's CPST rate of $9.80, effective November 1, 1995 through May 31, 1996, in the community set forth above, IS UNREASONABLE.  S- ` `x18.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  S- xC.F.R. Section 0.321 that Operator's CPST rate of $11.65, effective June 1, 1996 through May 31, 1997, in the community set forth above, IS UNREASONABLE.  S - ` `x19.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  S - xC.F.R. Section 0.321 that Operator's CPST rate of $13.36, effective June 1, 1997 through May 31, 1998, in the community set forth above, IS UNREASONABLE.  Sp#- `  x20.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xC.F.R. Section 76.961, that Operator shall refund to subscribers in the franchise area referenced above that  xportion of the amount paid in excess of the maximum permitted CPST rate of $10.13 per month (plus" %X!,p(p(88&"  S- x\franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through June 30, 1994.  S-  S- ` x21.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xC.F.R. Section 76.961, that Operator shall refund to subscribers in the franchise area referenced above that  x>portion of the amount paid in excess of the maximum permitted CPST rate of $9.12 per month (plus  S-franchise fees), plus interest to the date of the refund, for the period July 1, 1994 through June 30, 1995.  S-  S- ` x22.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xC.F.R. Section 76.961, that Operator shall refund to subscribers in the franchise area referenced above that  x>portion of the amount paid in excess of the maximum permitted CPST rate of $9.63 per month (plus  xfranchise fees), plus interest to the date of the refund, for the periods July 1, 1995 through October 31,  S -1995 and April 1, 1996 through May 31, 1996.  S -  S - ` x23.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xC.F.R. Section 76.961, that Operator shall refund to subscribers in the franchise area referenced above that  xportion of the amount paid in excess of the maximum permitted CPST rate of $11.32 per month (plus  SX-franchise fees), plus interest to the date of the refund, for the period June 1, 1996 through May 31, 1997.  S0-  S- ` x24.` ` IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47  xC.F.R. Section 76.961, that Operator shall refund to subscribers in the franchise area referenced above that  xportion of the amount paid in excess of the maximum permitted CPST rate of $12.11 per month (plus  S- xkfranchise fees), plus interest to the date of the refund, for the period June 1, 1997 to the day before it reduces its rate to $12.11.  S- ` x25.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that Operator shall conduct a monthbymonth accounting of its external costs from  xyOperator's elevenmonth trueup as found on Operator's Worksheets, and that Operator shall file, within  x30 days of the release of this Order, a report detailing the overrecovery of external costs, plus interest, with the Chief, Cable Services Bureau.  SP- x  S(- ` x26.` ` IT IS FURTHER ORDERED that Operator shall promptly determine the overcharges to  xCPST subscribers for the stated periods, and shall within 30 days of the release of this Order, file a report  xkwith the Chief, Cable Services Bureau, stating the cumulative refund amount so determined (including  xfranchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan.  S`-  S8- ` `x27.` ` IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47  xC.F.R. Section 0.321, that the complaints referenced herein against the rates charged by Operator in the community set forth above ARE GRANTED. "!!,p(p(88(#"  S- ` x28.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47  xC.F.R. Section 0.321, that Operator revise the calculation of its maximum permitted CPST rate in its next FCC Form 1240 filing in accordance with our findings in this order. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@John E. Logan  S-x` `  hh@Deputy Chief, Cable Services Bureau#Xj\  P6G;9XP#