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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                 
                              )
In the Matter of                        )    File Nos.      
CUID Nos.      
                              )    EB-02-TC-049        
NY0874 (Orchard Park) Adelphia Cable Communications         
)    EB-02-TC-050        NY1225 (Elma)       
                              )              
Petition for Reconsideration            )

                    
                     ORDER ON RECONSIDERATION
                                 

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

By the Chief, Enforcement Bureau:1

     1.   In  this   Order  we   consider  a   petition  for 
reconsideration  ("Petition") of  Order,  DA 97-244  ("Prior 
Order"),2 filed  with the Federal  Communications Commission 
("Commission")    by     the    above-referenced    operator 
("Operator").3 The Prior Order  resolved a complaint against 
Operator's August  1, 1996  cable programming  services tier 
("CPST") rate increase.  In  this Order, we grant Operator's 
Petition  in  part,  modify  the  Prior  Order  and  dismiss 
Operator's refund plan as moot.

     2.   Under  the provisions  of the  Communications Act4 
that were in effect at the time the complaint was filed, 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")5 and the Commission's rules required the Commission to 
review CPST rates upon the filing  of a valid complaint by a 
local franchising authority ("LFA").  The Telecommunications 
Act  of  1996  ("1996  Act"),6 and  the  Commission's  rules 
implementing  the legislation  ("Interim Rules"),7  required 
that a  complaint against  the CPST rate  be filed  with the 
Commission  by  an  LFA  that has  received  more  than  one 
subscriber  complaint.   The  filing of  a  valid  complaint 
triggers an  obligation upon  the cable  operator to  file a 
justification of its  CPST rates.8  If  the Commission finds 
the 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  May 15,  1994.10  
Cable operators  may justify  rate increases on  a quarterly 
basis  using  FCC  Form  1210, 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.   In  response to  the complaint  filed against  its 
August 1,  1996 CPST  rate increase,  Operator filed  an FCC 
Form  1240 ("1996  1240").  In  the Prior  Order, the  Cable 
Services Bureau made adjustments  to Operator's 1996 1240 to 
conform the entries to  Operator's previously filed FCC Form 
1220  and FCC  Form 1210.   Operator argues  that the  Cable 
Services  Bureau should  have adjusted  Operator's Line  H14 
(Amount of  True-Up Claimed  for this Projected  Period) and 
Line I8 (True-Up Segment for Projected Period) of Operator's 
1996 1240  when the  Cable Services Bureau  made adjustments 
that  reduced Operator's  calculated maximum  permitted rate 
("MPR").  We agree. Operator is entitled to its full MPR for 
the  period under  review.  Upon  review of  Operator's 1996 
1240, amended  to allow Operator  to claim its  full true-up 
segment,  we find  Operator's  actual CPST  rate of  $19.56, 
effective  August 1,  1996,  to be  reasonable. Because  our 
resolution  of  this  issue disposes  of  Operator's  refund 
liability, we  need not  address any  other issue  raised by 
Operator  in its  Petition.  We  modify the  Prior Order  to 
exclude any  refund liability and dismiss  Operator's refund 
plan as moot.

     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  IN PART 
TO THE EXTENT INDICATED HEREIN.

     6.   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 In the  Matter Global Acquisition Partners, Ltd. 
d/b/a/ Adelphia Cable Communications,  DA 97-244, 12 FCC Rcd 
1503 (CSB 1997) IS MODIFIED TO THE EXTENT INDICATED HEREIN.     7.   IT IS FURTHER ORDERED, pursuant to Sections 0.111, 
0.311 and  76.962 of  the Commission's  rules, 47  C.F.R.  
0.111,  0.311 and  76.962,  that Operator's  refund plan  is 
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  Global Acquisition Partners, Ltd. d/b/a/ 
Adelphia Cable  Communications, DA  97-244, 12 FCC  Rcd 1503 
(CSB 1997).
3 The  term "Operator" includes Operator's  predecessors and 
successors in interest.
4 47 U.S.C. 543(c) (1996).
5 Pub. L. No. 102-385, 106 Stat. 1460 (1992).
6 Pub. L. No. 104-104, 110 Stat. 56 (1996).  
7 See Implementation  of Cable Act Reform  Provisions of the 
Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996).
8 See  Section 76.956 of  the Commission's rules,  47 C.F.R. 
76.956.
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.