******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CUID No. PA2151 (Warwick Township) Suburban Cable TV ) ) Complaints Regarding ) Cable Programming Services Tier Rates ) ORDER Adopted: March 22, 1999 Released: March 24, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint against the rate the above-referenced operator ("Operator") was charging for its cable programming services tier ("CPST") in the community referenced above. Operator's response to the complaint included FCC Form 1220 and FCC Form 1210. 2. Under the Communications Act, the Federal Communications Commission ("Commission") is authorized to review the CPST rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. If the Commission finds a rate to be unreasonable, it shall determine the correct rate and any refund liability. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") requires the Commission to review CPST rates upon the filing of a valid complaint by a subscriber or local franchise authority ("LFA"). 3. Operators attempting to justify CPST rates for the period beginning May 15, 1994 must use the FCC Form 1200 series. Cable operators attempting to justify their rates through a cost of service showing must complete and file FCC Form 1220. Operators are permitted to make changes to their rates on a quarterly basis using FCC Form 1210. 4. We have previously reviewed Operator's FCC Form 1220 in a prior order ("Prior Order"). Upon review of Operator's FCC Form 1220 for our Prior Order, we found that Operator justified a maximum permitted rate ("MPR") of $14.86. Upon review of Operator's FCC Form 1210 covering the period April 1, 1994 through December 31, 1994, we adjusted Operator's Line J5 (Inflation Adjustment Factor) to 1.0036 rather than 1.0215. Our adjustment reduced Operator's MPR to $15.44, effective January 1, 1995. Because Operator's actual CPST rate of $13.84 does not exceed its revised MPR of $15.44, we find Operator's actual CPST rate of $13.84 to be reasonable. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rate of $13.84, charged by Operator in the franchise area referenced above, IS REASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint referenced herein IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau