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(1) (a) (i) 1) a)D )DDDFrfQq "i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\2'K~KFKK܅"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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN%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""* yOn%-ԍ 47 C.F.R Section 76.1402.C 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.   "@,p(p(88"Ԍ S- ` ԙx5.` ` 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  S- x.rate adjustment form (FCC Form 1240).* {O- 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."E"* yO -ԍ Waiver Order at Appendix A.E Operator chose to use an alternative showing pursuant to the "General Guidelines" rather than perform its calculations directly on FCC Form 1240.  SH - ` 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,  S - xk1998. * {OJ- x;ԍ 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 we consented to the Operator's use of the form for such period in lieu of  S -filings on the Commission's standard FCC Form 1240. * {O|- xԍ 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  xhave been made on the Commission's standard FCC Form 1240. Therefore, we ordered Operator to file  xthe relevant FCC Forms 1240, and all supporting documentation, to support the monthly CPST rate of  S@-$13.23 implemented by Operator on June 1, 1997, in the community referenced above.@f * {OF-ԍ  See In the Matter of TCI Cablevision of Eastern Iowa, DA 972326 (Released November 5, 1997).  S- ` _x8.` ` Accordingly, on November 24, 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  xperformed the Waiver Order's calculations directly on the standard FCC Forms 1240 as well as the  Sx- xcalculations described in Operator's October 25, 1996 letter.r x * yO%- xԍ 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"h',p(p('" dated November 24, 1997.r Review of both FCC Forms 1240 is"xX,p(p(88"  xnecessary to calculate the appropriate maximum permitted rate, and refund liability, for the period  xbeginning June 1, 1997. Operator also submitted a refund plan which calculated the amount of refunds  xjowed to subscribers in the community referenced above for the duration of the one year projected period ending May 31, 1998.  S8- ` 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$14.89. Upon review of Operator's new FCC Form 1240, for the projected period June 1, 1997 to  x=May31, 1998, we find that Operator has correctly calculated its MPR of $12.81. However, Operator's  S- xactual CPST rate, effective June 1, 1997, is $13.23. X* yO - xԍ These findings are base solely on the representations of Operator. Should information come to our attention  xYthat these representations were materially inaccurate, we reserve the right to take 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. Operator has submitted a refund plan which  x=calculates, with interest, the total amount of overcharges that will be collected from CPST subscribers in  SH - xthe community referenced above from June 15, 1997 (the date of the first subscriber complaint)H @* {O(-ԍ See Section 623(c)(1)(C) of the Communications Act, 47 U.S.C Section 543(c)(1)(C) (1996). to  S - xyMay31, 1998.w * {O-ԍ See Section 76.961 of the Commission's Rules, 47 C.F.R. Section 76.961.w Upon review of Operator's refund plan, we find that Operator has correctly calculated,  xwith interest, the amount of overcharges that will be received from subscribers during the projected period  xLending May 31, 1998. These calculations result in a total refund amount of $5.14, per CPST subscriber,  xincluding interest. We will order Operator to pay the refund amount of $5.14 to each current CPST  S - xsubscriber within 60 days of the release of this order.} d * {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  xon and after June 1, 1998 shall be premised on Operator's use of (1) the standard FCC Form 1240 for rate  xcalculation purposes and (2) $12.81 as Operator's Current Maximum Permitted Rate as called for on Line  xA1 of its FCC Form 1240 filing for the projected period beginning June 1, 1998. Contingent upon  xOperator's refund payment to its subscribers, we have determined that Operator's total CPST rate  xcollections in the community referenced above, for the projected period June 1, 1997 to May 31, 1998, will be reasonable.  S@- ` `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 $5.14 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. " ,p(p(88\"Ԍ 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) $12.81 as Operator's Current Maximum Permitted Rate as called for on Line A1 of its FCC Form 1240 filing for the projected period beginning June 1, 1998. X$n   X$n   S8- `  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. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION  x` `  hh@John E. Logan x` `  hh@Deputy Chief, Cable Services Bureau