******************************************************** 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 ) ) Comcast Cablevision of Little Rock, Inc. ) CUID No. AR0272 (Cammack) ) Complaints Regarding ) Cable Programming Services Tier Rates ) ORDER Adopted: September 20, 1999 Released: September 22, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint against 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 complaints filed against Operator's CPST rates in effect through July 14, 1994 ("Prior Order"). 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 adjusted Line A6 to conform with our Prior Order. Our revision reduced Operator's maximum permitted rate ("MPR") from $11.86 to $11.79. Because Operator's actual CPST rate of $12.02, effective July 15, 1994 through July 31, 1994, exceeds its revised MPR, we find Operator's actual CPST rate of $12.02, effective July 15, 1994 through July 31, 1994, to be unreasonable. Because Operator's actual CPST rate of $11.85, effective August 1, 1994 through September 30, 1994, exceeds its revised MPR, we find Operator's actual CPST rate of $11.85, effective August 1, 1994 through September 30, 1994, to be unreasonable. 5. Upon review of Operator's FCC Form 1210 covering the period April 1, 1994 through September 30, 1994, we adjusted Line A1 to conform with Operator's revised FCC Form 1200. Our adjustment reduced Operator's MPR from $11.93 to $11.87, effective October 1, 1994. Because Operator's actual CPST rate of $11.85, effective October 1, 1994, does not exceed its revised MPR, we find Operator's actual CPST rate of $11.85, effective October 1, 1994, to be reasonable. We find Operator's total refund liability for the period July 15, 1994 through September 30, 1994 to be de minimis and it would not be in the public interest to order a refund. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the monthly CPST rates charged by Operator in the franchise area referenced above, effective July 15, 1994 through September 30, 1994, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the monthly CPST rate of $11.85, charged by Operator in the community referenced above, effective October 1, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint referenced herein against the CPST rates charged by Operator in the community referenced above IS GRANTED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau