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


In the Matter of                  )   File No. EB-02-TC-060
                                 )
CableOne                          )   CUID   No.   CA0901   (Union 
                                 )   City)                
Complaint     Regarding    Cable  )
Programming                    )  )
Services  Tier Rates  and Refund 
Plan


                            ORDER


     Adopted:  July 16, 2002                      Released:  
July 17, 2002       

By the Chief, Enforcement Bureau:1

     1.   In this Order we consider complaints filed against 
the   rates  charged   by   the  above-referenced   operator 
("Operator")2  for  its   cable  programming  services  tier 
("CPST")  in  the  community  referenced  above.  The  Cable 
Services  Bureau has  already  issued an  Order, DA  95-2168 
("Prior  Order"),3 which  resolved complaints  filed against 
Operator's CPST rates in effect through May14, 1994. In its 
Prior  Order,  the Cable  Services  Bureau  stated that  its 
findings "do not  in any way prejudge  the reasonableness of 
the price for  CPS service after May 14, 1994  under our new 
rate  regulations."4   Operator  filed   a  refund  plan  in 
response to the Prior Order.   In this Order, we address the 
reasonableness  of  Operator's  CPST rates  for  the  above-
referenced  community  beginning May  15,  1994  as well  as 
Operator's refund plan.

     2.   Under  the provisions  of the  Communications Act5 
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 19926 
("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.7  The  Operator has the burden  of demonstrating that 
the  CPST rates  complained about  are reasonable.8   If the 
Commission  finds  a  rate  to  be  unreasonable,  it  shall 
determine the correct rate and any refund liability.9

     3.   Operators  must use  the FCC  Form 1200  series to 
justify  rates  for  the period  beginning  May15,  1994.10  
Cable  operators  may  file  an FCC  Form  1210  to  justify 
quarterly rate increases based  on the addition and deletion 
of  channels,   changes  in   certain  external   costs  and 
inflation.11  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.12  Any  incurred 
cost that is not projected  may be accrued with interest and 
added to rates at a later time.13

     4.   Upon review of Operator's FCC Form 1200, we accept 
Operator's  calculated  maximum  permitted rate  ("MPR")  of 
$11.12.  Because  Operator's  actual CPST  rate  of  $11.75, 
effective May  15, 1994 through  June 30, 1994,  exceeds its 
calculated  MPR of  $11.12, we  find Operator's  actual CPST 
rate  of $11.75,  effective May  15, 1994  through June  30, 
1994, to  be unreasonable,.   Upon review of  Operator's FCC 
Form 1210,  covering the period  April 1, 1994  through June 
30,  1994, we  accept Operator's  calculated MPR  of $11.42. 
Because  Operator's actual  CPST rate  of $11.75,  effective 
July  1,  1994  through  September  30,  1994,  exceeds  its 
calculated  MPR of  $11.42, we  find Operator's  actual CPST 
rate of $11.75, effective July 1, 1994 through September 30, 
1994,  to be  unreasonable.  Upon  review of  Operator's FCC 
Form  1210,  covering  the   period  July  1,  1994  through 
September 30,  1994, we accept Operator's  calculated MPR of 
$11.65.  Because  Operator's  actual CPST  rate  of  $11.75, 
effective October 1, 1994 through December 31, 1994, exceeds 
its calculated MPR of $11.65, we find Operator's actual CPST 
rate of  $11.75, effective October 1,  1994 through December 
31, 1994, to be unreasonable.  Upon review of Operator's FCC 
Form  1210,  covering the  period  October  1, 1994  through 
December 31,  1994, we find  Operator's actual CPST  rate of 
$11.75, effective January 1, 1995, to be reasonable.

     5.   Our review of Operator's refund plan for Order, DA 
95-2168, reveals  that Operator's total overcharges  for the 
period under  review are de minimis  and it would not  be in 
the public interest to order refunds.  We dismiss Operator's 
refund plan for Order, DA 95-2168, as moot.

     6.   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 the  CPST rate of $11.75,  charged by 
Operator in  the community  referenced above,  effective May 
15, 1994 through December 31, 1994, IS UNREASONABLE.

     7.   IT IS FURTHER ORDERED,  pursuant to Sections 0.111 
and 0.311 of the Commission's  rules, 47 C.F.R.  0.111 and 
0.311, that the CPST rate  of $11.75, charged by Operator in 
the community  referenced above, effective January  1, 1995, 
IS REASONABLE.

     8.   IT IS FURTHER ORDERED,  pursuant to Section 76.961 
of the Commission's rules, 47 C.F.R.  76.961, that Operator 
shall  refund to  subscribers  in  the community  referenced 
above  that portion  of the  amount  paid in  excess of  the 
maximum  permitted  CPST  rate  of $11.12  per  month  (plus 
franchise fees),  plus interest to  the date of  the refund, 
for the period May 15, 1994, through June 30, 1994.

     9.   IT IS FURTHER ORDERED,  pursuant to Section 76.961 
of the Commission's rules, 47 C.F.R.  76.961, that Operator 
shall  refund to  subscribers  in  the community  referenced 
above  that portion  of the  amount  paid in  excess of  the 
maximum  permitted  CPST  rate  of $11.42  per  month  (plus 
franchise fees),  plus interest to  the date of  the refund, 
for the period July 1, 1994, through September 30, 1994.

     10.  IT IS FURTHER ORDERED,  pursuant to Section 76.961 
of the Commission's rules, 47 C.F.R.  76.961, that Operator 
shall  refund to  subscribers  in  the community  referenced 
above  that portion  of the  amount  paid in  excess of  the 
maximum  permitted  CPST  rate  of $11.65  per  month  (plus 
franchise fees),  plus interest to  the date of  the refund, 
for the period October 1, 1994 through December 31, 1994.

     11.  IT IS FURTHER ORDERED that Operator shall promptly 
determine the overcharges to CPST subscribers for the stated 
periods, and  shall within  30 days of  the release  of this 
Order,  file a  report with  the Chief,  Enforcement Bureau, 
stating   the  cumulative   refund   amount  so   determined 
(including  franchise  fees  and interest),  describing  the 
calculation thereof,  and describing  its plan  to implement 
the  refund within  60 days  of Commission  approval of  the 
plan.

     12.  IT IS FURTHER ORDERED,  pursuant to Section 76.961 
of  the  Commission's  rules,   47  C.F.R.    76.961,  that 
Operator's refund plan for Order, DA 95-2168, IS DISMISSED.

     13.  IT IS FURTHER ORDERED,  pursuant to Sections 0.111 
and 0.311 of the Commission's  rules, 47 C.F.R.  0.111 and 
0.311,  that the  complaints referenced  herein against  the 
CPST rates  charged by Operator in  the community referenced 
above ARE GRANTED.
     
                              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  The term  "Operator" includes  Operator's successors  and 
predecessors in interest.
3 In the Matter of Post-Newsweek Cable, Inc., DA 95-2168, 10 
FCC Rcd 11559 (CSB 1995).
4 Id. at n. 1.
5 Communications Act, Section  623(c), as amended, 47 U.S.C. 
 543(c) (1996).
6 Pub. L. No. 102-385, 106 Stat. 1460 (1992).
7 See Section 76.956 of  the Commission's rules, 47 C.F.R.  
76.956.
8 Id.
9 See Section 76.957 of  the Commission's rules, 47 C.F.R.  
76.957.
10 See Section 76.922 of the Commission's rules, 47 C.F.R.  
76.922.
11 Id.
12 Id.
13 Id.