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

In the Matter of                     )            
                              )      CUID No.  TX1255 (City of Plano) 
TCI Communications                 )          
                              )      
Petition for Reconsideration                 )
     
                                
                    ORDER ON RECONSIDERATION

     Adopted:  November 18, 1999                       Released:  November 24, 1999  

By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

     1.   In this Order we consider a petition for reconsideration ("Petition") of our Order, DA 98-1916
("Reconsideration Order"), filed with the Federal Communications Commission ("Commission") by the local
franchising authority ("LFA") for the above-referenced community.  In the Reconsideration Order, we resolved a
previous petition for reconsideration filed by the LFA of an earlier Order, DA 97-2581 ("First Order").  In this
Order, we clarify an ordering clause from our Reconsideration Order and correct a typographical error.
 
     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.  The Cable
Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"), and our rules in effect at the
time the complaints were filed, required the Commission to review CPST rates upon the filing of a valid complaint
by a subscriber.  The filing of a valid complaint triggers an obligation upon the cable operator to file a justification
of its CPST rates.  If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any
refund liability.  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 an LFA that
has received more than one subscriber complaint.  
     3.   In its Petition, the LFA raises two issues.  First, the LFA requests that we clarify our ordering
clause in  14 of the Reconsideration Order which states that "In the Matter of TCI of Plano, Inc., 12 FCC Rcd
20411 (1997) IS AFFIRMED IN PART AND VACATED IN PART."  That ordering clause merely implements
the discussion portion of the order which concluded that "Operator has adequately accounted for programming
revenue received from its CPST programmers through 1997, the period complained about in LFA's 1997 and 1998
letters."  In order to clarify that the Reconsideration Order did not have any effect on the refund liability calculated
in the First Order, we will modify  14 of the Reconsideration Order to state as follows:

       IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
       C.F.R.  0.321, that In the Matter of TCI of Plano, Inc., 12 FCC Rcd 20411 (1997) IS
       MODIFIED TO THE EXTENT INDICATED HEREIN.   

     4.   Secondly, the LFA correctly points out a typographical error in  12 of the Reconsideration Order. 
The first sentence of  12 should state 

       Upon review of Operator's FCC Form 1240 for the projected period June 1, 1998 through
       May 31, 1999 we find that Operator has correctly calculated its MPR of $18.33.
     
Therefore, we will modify the first sentence of  12 of the Reconsideration Order to correct the date of the projected
period under review from June 1, 1998 through May 31, 1998 to June 1, 1998 through May 31, 1999.

     5.   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 GRANTED TO THE EXTENT INDICATED HEREIN.

     6.   IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R.
 0.321, that In the Matter of TCI Communications, DA 98-1916, 13 FCC Rcd 19692 (1998) IS MODIFIED TO
THE EXTENT INDICATED HEREIN.

                              
                              FEDERAL COMMUNICATIONS COMMISSION 



                              Patrick A. Boateng, Acting Chief
                              Financial Analysis and Compliance Division
                              Cable Services Bureau