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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 ) ) Comcast Cable Communications, Inc. ) CUID No. AL0113 (Dothan) ) Complaints Regarding ) Cable Programming Services Tier Rates ) ORDER Adopted: June 22, 1999 Released: June 24, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints 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 all 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 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. 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. The filing of a complete and timely complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. Operator has the burden of demonstrating that the CPST rates complained about are reasonable. If the Commission finds a rate to be unreasonable, it shall determine the correct rate and any refund liability. 4. 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 justify their rates on an annual basis using FCC Form 1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the number of regulated channels that are projected for the twelve months following the rate change. 5. Upon review of Operator's FCC Form 1200, we find Operator's calculated MPR of $14.72 to be reasonable. However, Operator's actual CPST rate in effect from May 15, 1994 through July 13, 1994 was $15.34. The Commission's rules provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 through July 14, 1994, for any overcharges resulting from Operator's calculation of a new MPR on the FCC Form 1200. Operator elected to defer refund liability pursuant to the Commission's Rules. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 MPR approved by the Commission. In our Prior Order, we approved Operator's actual CPST rate of $15.34. Therefore, we find Operator's actual CPST rate of $15.34, effective May 15, 1994 through July 13, 1994, to be reasonable. Because Operator's actual CPST rate of $14.72, effective July 14, 1994 does not exceed its FCC Form 1200 MPR, we find Operator's actual CPST rate of $14.72, effective July 14, 1994, to be reasonable. 6. Upon review of Operator FCC Form 1210s, covering the period from April 1, 1994 through June 30, 1995, we find Operator's actual CPST rates of $14.79, effective November 1, 1994, $15.71, effective March 1, 1995, and $16.21, effective August 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective May 15, 1994 through July 31, 1995, ARE REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rate of $16.21, charged by Operator in the franchise area referenced above, effective August 1, 1995, 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 CPST rates charged by Operator in the community referenced above, ARE DENIED. . FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau