************************************************************************* 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. GA0033 (Macon) Cox Communications, Inc. ) GA0132 (Houston) ) GA0682 (Centerville) Complaints Regarding ) Cable Programming Services Tier Rates ) ORDER Adopted: May 13, 1999 Released: May 18, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints against the August 1, 1995 rate increase of the above- referenced operator ("Operator") for its cable programming services tier ("CPST") in the communities referenced above. On December 1, 1995 we issued an Order which resolved all prior complaints ("Resolution"). This order addresses only the reasonableness of Operator's August 1, 1995 CPST rate increase. 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. Operators are permitted to make changes to their rates on a quarterly basis using FCC Form 1210. 4. Upon review of Operator's FCC Form 1210, updating the maximum permitted rate ("MPR") approved by the Resolution, we adjusted Operator's Line A2 (Permitted Charge) to $16.43, the MPR approved by the Resolution. Despite our adjustment, we find Operator's actual CPST rate of $16.95, effective August 1, 1995, 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 $16.95, charged by Operator in the franchise areas referenced above, effective August 1, 1995, 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 complaints referenced herein ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau