Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                        )    File No.    EB-
Triax Midwest Associates, LP            )    CUID        No.  
IL0159 (Clinton)
Petition for Reconsideration            )    


     Adopted:  September 30, 2002       Released:    October 
1, 2002 

By the Chief, Enforcement Bureau:1

     1.   In  this   Order,  we  consider  a   petition  for 
reconsideration ("Petition") of Cable Services Bureau Order, 
DA  97-2068   ("Prior  Order"),2  filed  with   the  Federal 
Communications  Commission  ("Commission")   by  the  above-
referenced operator ("Operator").3  The Prior Order resolved 
a  complaint  filed  against  Operator's  cable  programming 
services  tier ("CPST")  rates in  the community  referenced 
above.  In this  Order we grant Operator's  Petition in part 
and modify the Prior Order.  
             2.     Under    the     provisions    of    the 
Communications  Act4 that  were in  effect at  the time  the 
complaints  were  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 subscriber 
or    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.   In its  petition, Operator  argues that  the Prior 
Order  contained  clerical errors.   Specifically,  Operator 
argues that  the actual CPST  rates identified in  the Prior 
Order included franchise fees.   Operator asserts that, when 
the actual CPST rates are calculated without franchise fees, 
Operator's total overcharges for the period under review are 
de minimis.  Upon  review of the Prior Order  and the record 
herein, we  agree with  Operator that the  total overcharges 
are de minimis and it would not be in the public interest to 
order  refunds.  Therefore,  we  modify the  Prior Order  to 
exclude  any refund  liability.  Because  our resolution  of 
this  issue  disposes  of Operator's  refund  liability,  we 
decline to  address any other  issues raised by  Operator in 
its Petition.  

     4.   Accordingly,  IT IS  ORDERED, pursuant  to Section 
1.106 of the Commission's rules, 47 C.F.R.  1.106, that the 
petition for reconsideration filed by Operator is GRANTED IN 

     5    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 of Triax  Midwest Associates, LP, 
DA 97-2068,  13 FCC Rcd 6017  (CSB 1998) IS MODIFIED  TO THE 

                              FEDERAL COMMUNICATIONS 

                              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  See In The Matter of Triax Midwest Associates, LP, DA 97-
2068, 13 FCC Rcd 6017 (CSB 1998). 
3  The term  "Operator" includes  Operator's successors  and 
predecessors 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. 
9 See  Section 76.957 of  the Commission's rules,  47 C.F.R.