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


In the Matter of                 )
                                )    File No. EB-02-TC-015
Falcon Cable TV                  )
                                )    CUID No. AL0116 (Attalla)
Petition for Reconsideration     )                                


                    ORDER ON RECONSIDERATION


    Adopted:  May 6, 2002              Released:  May 8, 2002

By the Chief, Enforcement Bureau: 1

       In this Order, we consider a petition for  reconsideration 
("Petition") of Order, DA 98-652 ("Prior Order").2  In the  Prior 
Order, the Cable Services Bureau resolved complaints against  the 
above-referenced  operator's  ("Operator's")3  cable  programming 
services tier  ("CPST") rates.   Operator  filed a  petition  for 
reconsideration and refund plan in  response to the Prior  Order.  
In this  Order, we  reconsider  and amend  the Prior  Order,  and 
dismiss Operator's Petition and refund plan as moot.

Under the  provisions of  the Communications  Act4 that  were  in 
effect at  the time  the referenced  complaints were  filed,  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 Cable Television Consumer  Protection and Competition Act  of 
19925 ("1992 Cable Act") required  the Commission to review  CPST 
rates upon the  filing of a  valid complaint by  a subscriber  or 
local franchising authority ("LFA"). The filing of a complete and 
timely complaint triggers an  obligation upon the cable  operator 
to file a justification of its CPST rates.6  The Operator has the 
burden of demonstrating that the CPST rates complained about  are 
reasonable.7  If the Commission finds a rate to be  unreasonable, 
it shall determine the correct rate and any refund liability.8 

In response to Operator's Petition,  we reviewed the Prior  Order 
and the record and found  that two complaints were filed  against 
Operator's CPST rates,  with the most  recent complaint filed  on 
February 15, 1994.  In the Prior Order, the Cable Services Bureau 
found that  Operator  justified  its actual  CPST  rates  through 
December 31, 1994.   As there were  no valid complaints  received 
against Operator's CPST rates in effect after December 31,  1994, 
we will, on our own motion, amend the Prior Order to exclude  the 
finding of any refund liability for the period beginning  January 
1, 1995, without addressing the merits of the arguments raised by 
Operator in  its  Petition.   Because our  review  results  in  a 
finding of no  refund liability, we  dismiss Operator's  Petition 
and refund plan as moot.

Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and  0.311 
of the Commission's rules, 47 C.F.R.  0.111 and 0.311, that  In 
the Matter of Falcon Cable TV, DA 98-652, 13 FCC Rcd 7158 (1998), 
IS AMENDED TO THE EXTENT INDICATED HEREIN.

IT  IS  FURTHER  ORDERED,  pursuant  to  Section  1.106  of   the 
Commission's rules, 47 C.F.R. 1.106, that Operator's petition for 
reconsideration and refund plan are DISMISSED.

       

                              FEDERAL COMMUNICATIONS COMMISSION 



                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1  Effective   March  25,   2002,  the   Commission   transferred 
responsibility for resolving cable programming services tier rate 
complaints  from  the  former   Cable  Services  Bureau  to   the 
Enforcement Bureau.  See Establishment  of the Media Bureau,  the 
Wireline Competition  Bureau and  the Consumer  and  Governmental 
Affairs Bureau, Reorganization  of the  International Bureau  and 
Other Organizational Changes, FCC 02-10, 17 FCC Rcd 4672 (2002).
2 In the Matter of  Falcon Cable TV, DA  98-652, 13 FCC Rcd  7158 
(CSB 1998).  
3  The  term  "Operator"   includes  Operator's  successors   and 
predecessors in interest. 
4 Communications  Act,  Section  623(c), as  amended,  47  U.S.C. 
543(c) (1996).
5 Pub. L. No. 102-385, 106 Stat. 1460 (1992).
6 See  Section  76.956  of  the  Commission's  rules,  47  C.F.R. 
76.956.
7 Id.
8 See  Section 76.957  of  the Commission's  rules, 47  C.F.R.   
76.957.