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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                   )              
                              )
Time Warner Cable                  )    CUID No.  NY0348 (Lyons)
Petition for Reconsideration            )                   


                     ORDER ON RECONSIDERATION

     Adopted:  September 15, 1999                 Released:  September 17, 1999

By the Deputy Chief, Cable Services Bureau:

     1. In this Order we consider a petition for reconsideration of a rate order concerning the January 1,
1998 rate increase of the above-referenced operator ("Operator") for its cable programming services tier
("CPST") in the community referenced above.  On September 23 1998, we issued a rate order concerning
Operator's January 1, 1998 CPST rate increase ("Prior Order").  On October 23, 1998, Operator filed a
petition for reconsideration of our Prior Order ("Petition").  This Order addresses Operator's Petition.  

     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 Telecommunications Act of 1996 ("1996 Act") and our rules implementing
the legislation ("Interim Rules"), require that a complaint against the CPST rate be filed with the Commission
by a local franchising authority ("LFA") that has received more than one subscriber complaint.  

     3. The filing of a complete and timely complaint triggers an obligation upon the cable operator to
file a justification of its CPST rates.  The 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.  Any incurred cost that is not projected may be accrued with
interest and added to rates at a later time.  

     5. In its Petition, Operator argues that it has a pending application for review of our Order, In Re
Petition of Time Warner Cable ("Uniform Rates Order"), and that the outcome of that appeal will affect our
conclusions in the Prior Order.  Operator's application for review of the Uniform Rates Order was denied. 
Therefore, we will deny Operator's Petition.

     6. 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 Reconsideration IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION 



                              William H. Johnson
                              Deputy Chief 
                              Cable Services Bureau