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Operator  S@-filed FCC Forms 1240 with the LFA as justification for this rate increase.   "@ ,p(p(88"Ԍ S-  ԙ5.` ` On February 22, 1996, the Commission issued an order granting Operator a waiver (the   "Waiver Order") of certain rate adjustment requirements in its initial filing of the Commission's annual  S-  .rate adjustment form (FCC Form 1240).* {O-  ԍ 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  S-  FCC Form 1240 filings, to include estimated changes in costs, inflation, channels and subscriber   information attributable to the period between the last date for which actual cost data was available and   the effective date of the new rates. In the Waiver Order, Operator was instructed to include in its initial   0FCC Form 1240 filing certain calculations, such calculations to be performed on FCC Form 1240   .(primarily in Module G), or off FCC Form 1240, in an alternative showing done pursuant to the Waiver  S-  Order'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 -  26.` ` On October 25, 1996, Operator wrote to the Commission requesting review and approval   \of a modified FCC Form 1240 to justify rates for the projected period from June 1, 1997 to May 31,  S -  k1998. * {OJ-  ;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|-  ԍ See Letter from Meredith Jones, Chief, Cable Services Bureau, Federal Communications Commission to Angela Montoya, TCI Communications, Inc., Dated January 9, 1997.  S -  7.` ` To justify its CPST rate, effective June 1, 1997, Operator submitted two FCC Forms 1240,   .the first for the projected period June 1, 1996 to May 31, 1997 ("First Form 1240"), and the second for  S0-  =the projected period June 1, 1997 to May 31, 1998 ("Second Form 1240"). Operator's First Form 1240   used Operator's alternative showing, calculated pursuant to the Waiver Order. Operator's Second Form   1240 followed the format set forth in Operator's October 25, 1996 letter. On reviewing the submitted   [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. Therefore, we ordered Operator to file   the relevant FCC Forms 1240, and all supporting documentation, to support the monthly CPST rate of  S@-$17.79 implemented by Operator on June 1, 1997, in the communities referenced above.@f * {OF-ԍ  See In the Matter of TCI Cablevision of Oakland County, DA 972433 (Released November 21, 1997).  S-  A8.` ` Accordingly, on December 12, 1997, Operator submitted new standard FCC Forms 1240,   for the projected periods June 1, 1996 to May 31, 1997, and June 1, 1997 to May 31, 1998, which   performed the Waiver Order's calculations directly on the standard FCC Forms 1240 as well as the  Sx-  calculations described in Operator's October 25, 1996 letter.r x * yO%-  wԍ Operator submitted these forms but also stated that it "continues to believe that these additional forms are not   required or necessary as [Operator used] the FCC approved waiver in filing the Form 1240 for this system." Letter   from Angela Bricmont, Director of Regulatory Compliance, TCI Communications, Inc., to Margaret Egler, Assistant   iChief, 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"   necessary to calculate the appropriate maximum permitted rate, and refund liability, for the period   beginning June 1, 1997. Operator also submitted a refund plan which calculated the amount of refunds   jowed to subscribers in the community referenced above for the duration of the one year projected period ending May 31, 1998.  S8-  9.` ` Upon review of Operator's new FCC Form 1240, for the projected period June 1, 1996   to May 31, 1997, we find that Operator has correctly calculated its maximum permitted rate ("MPR") of   $18.81. Upon review of Operator's new FCC Form 1240, for the projected period June 1, 1997 to  S-  May31, 1998, we find that Operator has correctly calculated its MPR of $17.79. X* yO -  ԍ These findings are based solely on the representations of Operator. Should information come to our attention   Ythat these representations were materially inaccurate, we reserve the right to take 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.  However, Operator's   !actual CPST rate, effective June 1, 1997, is $18.60. Operator has submitted a refund plan which   =calculates, with interest, the total amount of overcharges that will be collected from CPST subscribers in   the communities referenced above from the date of the first subscriber complaint in each community (as  S -  <listed on Appendix A) @* {O-ԍ See Section 623(c)(1)(C) of the Communications Act, 47 U.S.C Section 543(c)(1)(C) (1996). to May31, 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, with interest, the amount of overcharges that will be received from subscribers   during the projected period ending May 31, 1998. These calculations result in a total refund amount listed   in Appendix A, per CPST subscriber, including interest. We will order Operator to pay the refund amount  S -  listed in Appendix A to each current CPST subscriber 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 on and after June 1, 1998 shall be premised on Operator's   use of (1) the standard FCC Form 1240 for rate calculation purposes and (2) $17.79 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. Contingent upon Operator's refund payment to 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.  S@-  `10.` ` Accordingly, IT IS ORDERED, pursuant to Section 76.961 of the Commission's rules,   47 C.F.R. Section 76.961, that Operator shall refund to CPST subscribers in the franchise areas referenced above the amount listed in Appendix A within 60 days of the release of this Order.  S-  11.` ` IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47   C.F.R. Section 76.962, that Operator, within 90 days of the release of this Order, shall file with the Chief,   Cable 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(88M"Ԍ S-  12.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47   {C.F.R. Section 0.321, that Operator shall use (1) the standard FCC Form 1240 for rate calculation   purposes and (2) $17.79 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.  S8-  13.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47   C.F.R. Section 0.321, that the complaints referenced herein against the rates charged by Operator in   communities MI0826, MI0827, MI0828, MI0829, MI0830, MI0831, MI0832, MI0833, MI0834, MI0835, set forth above, ARE GRANTED.  Sp-  14.` ` IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47   C.F.R. Section 0.321, that the complaints referenced herein against the rates charged by Operator in communities MI0836 and MI1808, set forth above, ARE DISMISSED. [$5e   S -` `  hh,VFEDERAL COMMUNICATIONS COMMISSION (#(#` `  hh, ` `  hh,VJohn E. Logan ` `  hh,VDeputy Chief, Cable Services Bureau",p(p(88"  S- DAPPENDIX Aă  S-    S`- REFUNDS OWED TO SUBSCRIBERS INCLUDING INTEREST  S-` `  hh,Vpp DATE OF FIRST   S-CUID NUMBER REF. PER SUB.VREF. TOTALppSUBSCRIBER COMPLAINT  S- MI0826` `  $10.13hh,V$159,688.69 pp June 12, 1997  Sp-MI0827` `  $10.22 hh,V$39,968.60ppJune 2, 1997  SH -MI0828` `  $3.47hh,V$12,018.70ppJune 3, 1997  S -MI0829` `  $10.18hh,V$50,283.91ppJune 11, 1997  S -MI0830` `  $10.20hh,V$17,496.25ppJune 2, 1997  S -MI0831` `  $10.18hh,V$22,673.43ppJune 6, 1997  S -MI0832` `  $10.19hh,V$7,065.13ppJune 5, 1997  S -MI0833` `  $10.29hh,V$47,995.65ppJune 5, 1997  SX-MI0834` `  $10.19hh,V$21,486.98ppJune 4, 1997  S0-   MI0835 ` `  $3.45hh,V$57,256.63ppJune 2, 1997  S- MI0836` `  N/Ahh,VN/AppN/A  S-MI1808` `  N/Ahh,VN/AppN/A  S-  S@-  S-