******************************************************** 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. ID0055 (Ketchum) ) ID0076 (Hailey) Sun Valley Cablevision, Inc. ) ) Complaints Regarding ) Cable Programming Services Tier Rates ) and ) Petition for Reconsideration ) ORDER ON RECONSIDERATION AND RATE ORDER Adopted: May 27, 1999 Released: June 1, 1999 By the Deputy Chief, Cable Services Bureau: 1. In this Order we consider complaints against the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the communities referenced above. We have already issued a separate order in which we found Operator's rates in effect before May 15, 1994 to be unreasonable ("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 . . ." On May 25, 1995, Operator filed a petition for partial reconsideration ("Petition") of our Prior Order. On August 17, 1995, we granted Operator a stay of our Prior Order pending resolution of its Petition. This Order addresses the Petition as well as the reasonableness of Operator's CPST rates in effect after May 14, 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. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"), and our rules in effect at the time the complaints were filed, required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 3. To justify rates for the period beginning May 15, 1994, operators must use the FCC Form 1200 series. Operators are permitted to make changes to their rates on a quarterly basis using FCC Form 1210. Operators may adjust their rates on an annual basis using FCC Form 1240. Upon review of Operator's FCC Form 1200, we find Operator's actual CPST rate of $8.82, effective May 15, 1994, to be reasonable. 4. In its Petition, Operator requests that it be allowed to delay implementing the modification of its FCC Form 1200 required by our Prior Order. However, because Operator implemented the required modification and the change did not have any effect on the reasonableness of Operator's actual CPST rate of $8.82, effective May 15, 1994, which was justified by its FCC Form 1200, we will deny Operator's Petition as moot. We will also vacate our stay as moot. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Partial Reconsideration IS DENIED. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. 0.321, that In the Matter of Sun Valley Cablevision, DA 95-879, 10 FCC Rcd 10821 (1995) IS AFFIRMED. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. 0.321, that the stay granted to Operator in the Matter of Battlefield Cable TV Co., DA 95-1795, 10 FCC Rcd 10591 (1995) IS VACATED. 8. 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 $8.82, charged by Operator in the community referenced above, effective May 15, 1994, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that the complaints referenced herein against the rate charged by Operator in the community referenced above ARE DENIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau