************************************************************************* 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 ) ) Jones Intercable, Inc. ) CUID No. WI0286 (Manitowoc) ) Complaints Regarding ) Cable Programming Services Tier Rates ) ORDER Adopted: May 14, 1999 Released: May 18, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint about the rates charged by the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. We have previously resolved complaints filed against Operator's CPST rates in effect through May 14, 1994 ("Prior Order"). In our Prior Order, we stated that our findings "do not in any way prejudge the reasonableness of the price for CPS service after May 14, 1994." This Order addresses only the reasonableness of Operator's CPST rates in effect after July 15, 1994. 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. To justify rates for the period beginning May 15, 1994, operators must use the FCC Form 1200 series. The Commission's rules also provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate ("MPR") on FCC Form 1200. Operator elected to defer refund liability. Accordingly, the liability period for Operator's overcharges associated with its FCC Form 1200 filing may not begin to run until July 15, 1994. 4. Upon review of Operator's FCC Form 1200, we find Operator has justified its calculated MPR of $8.81. Because Operator's actual CPST rate of $8.82, effective July 15, 1994 through February 28, 1995, exceeds its MPR of $8.81, we find Operator's actual CPST rate of $8.82 effective July 15, 1994 through February 28, 1995, to be unreasonable. However, we determine the total refund liability to be de minimis, and it would not be in the public interest to order a refund. Upon review of Operator's FCC Form 1210 covering period from April 1,1994 through December 31, 1994, we find Operator's actual CPST rate of $9.30, effective March 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 $8.82, charged by Operator in the community referenced above, effective July 15, 1994 through February 28, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that the CPST rate of $9.30, charged by Operator in the community referenced above, effective March 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that the complaint referenced herein against the CPST rates charged by Operator in the community referenced above, IS GRANTED TO THE EXTENT INDICATED HEREIN. . FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau