******************************************************** 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 Nos. NJ0478 (Trenton) ) NJ0479 (Ewing) Comcast Cable of Mercer County, Inc. ) NJ0480 (Lawrence) ) NJ0559 (Pennington) Complaint Regarding ) NJ0560 (Hopewell) Cable Programming Services Tier Rates ) ORDER Adopted: September 15, 1999 Released: September 17, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints against the rate charged by the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the communities referenced above. We have previously resolved complaints filed against Operator's CPST rates in effect through July 14, 1994. This Order addresses only the reasonableness of Operator's CPST rates beginning July 15, 1994. 2. Under the Communications Act, the 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"). The Telecommunications Act of 1996 ("1996 Act") and our rules implementing the new legislation ("Interim Rules"), require that, beginning February 8, 1996, complaints against CPST rates be filed with the Commission by an LFA that has received more than one subscriber complaint. 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 $11.31, effective July 15, 1994, to be reasonable. Upon review of Operator's FCC Form 1210s, updating the FCC Form 1200, we find Operator's CPST rate of $12.22, effective March 1, 1995, and CPST rate of $12.81, effective February 1, 1996, 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 rates, charged by Operator in the franchise areas referenced above, effective July 15, 1994 through January 31, 1996, ARE REASONABLE. 6. 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 $12.81, charged by Operator in the franchise areas referenced above, effective February 1, 1996, 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 complaints referenced herein against the CPST rates charged by Operator in the communities referenced above, ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau