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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 ) CUID No. NJ0121 (Mountain Lakes) ) Cablevision of Morris ) ) 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 against the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. We have already issued a separate order in which we found Operator's rates in effect before May 15, 1994 to be reasonable ("Prior Order"). In our Prior Order, we stated that our findings "do not in any way prejudge the reasonableness of the prices for CPS service after May 14, 1994 . . ." This Order addresses 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 upon the filing of a valid complaint. The local franchise authority ("LFA") for the franchise area referenced above filed a complaint with the Commission on September 8, 1994 against Operator's July 15, 1994 CPST rate increase. Section 623(c)(3) of the Communications Act requires that complaints be filed within "a reasonable period of time" following a change in rates. We determined that "a reasonable period of time" is 45 days. In order to facilitate subscriber knowledge of the nature and extent of a rate increase and provide evidence of subscribership and the rate and service involved, we determined that we would compute the time period for filing a complaint from the date the complainant receives a bill from a cable operator that reflects the rate change. Section 76.953 of the Commission's rules, in effect at the time the complaint was filed, provides that complaints against CPST rate increases must be filed with the Commission within 45 days from that date. That provision does not apply to a complaint filed by an LFA, which does not receive a bill. The LFA must file a complaint within 45 days of the date that rate increase becomes effective. Therefore, we will dismiss the September 8, 1994 complaint filed by the LFA against Operator's July 15, 1994 CPST rate increase because the complaint was not timely filed with the Commission. However, we will address the reasonableness of Operator's CPST rates in effect after May 14, 1994, pursuant to the valid complaint filed on December 15, 1993. 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. 4. Upon review of Operator's FCC Form 1200, we find Operator's actual CPST rate of $10.47, effective May 15, 1994, to be reasonable. We also find Operator's actual CPST rate of $11.95, effective July 15, 1994, to be reasonable. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321 that the CPST rate of $10.47, charged by Operator in the community referenced above, effective May 15, 1994, IS REASONABLE. 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 $11.95, charged by Operator in the community referenced above, effective July 15, 1994, 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 September 8, 1994 complaint referenced herein, against the CPST rate charged by the Operator in the community referenced above, IS DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. 0.321, that the December 15, 1993 complaint referenced herein, against the CPST rate charged by Operator in the community referenced above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau