******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 No. VA0255 (Leesburg) Benchmark Acquisition Fund I LP ) CSR No. 4400-R d/b/a Cablevision of Loudoun ) ) Cost of Service Showing to Support ) Basic Service Tier Rate ) ORDER Adopted: December 1, 1999 Released: December 3, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. On September 8, 1994, the above-referenced operator ("Operator") filed a cost of service FCC Form 1220 with the local franchising authority ("LFA") for the above-referenced community to justify its rate for its basic service tier ("BST") in the community referenced above. On October 5, 1994, the LFA filed a timely petition for special relief with the Federal Communications Commission ("Commission"), pursuant to the Commission's rules, requesting that the Commission review the BST cost of service filing. This Order addresses only the reasonableness of Operator's initial BST rate of $10.76 and the BST rate of $11.27, effective August 1, 1994. 2. To justify rates for the period beginning May 15, 1994, operators must use the FCC Form 1200 series. Cable operators attempting to justify their rates through a cost of service showing must complete and file FCC Form 1220. In reviewing an operator's FCC Form 1220 cost of service showing, we evaluate the operator's rate base and expense elements to determine whether the operator should be permitted to recover those items. Where a certain rate base or expense element is not justified under our rules, such cost is disallowed in whole or in part. Where reported costs are disallowed, we make appropriate adjustments. 3. Operator submitted its FCC Form 1220 to the Commission on October 14, 1994, requesting a maximum permitted rate ("MPR") of $37.07 for its BST. Subsequently, Operator submitted an amendment to its FCC Form 1220 reducing its request to an MPR of $15.63. Upon review of Operator's FCC Form 1220, we find Operator's MPR of $15.63 to be reasonable. Because Operator's actual initial BST rate of $10.76, and BST rate of $11.27, effective August 1, 1994, do not exceed its MPR, we find Operator's actual initial BST rate of $10.76, and BST rate of $11.27, effective August 1, 1994, to be reasonable. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 76.933(d) of the Commission's rules, 47 C.F.R.  0.321 and  76.933(d), that the initial BST rate of $10.76 and BST rate of $11.27, effective August 1, 1994, charged by Operator in the franchise area referenced above, ARE REASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 76.933(d) of the Commission's rules, 47 C.F.R.  0.321 and  76.933(d), that this Order is binding on the LFA and Operator. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau