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


In the Matter of                 )    File No. EB-02-TC-010
                                )
CableOne, Inc.                   )    CUID No. IA0084 (Sioux City)
                                )                                
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 98-1665 ("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. In this  Order, we reconsider  and 
amend the Prior Order, and dismiss Operator's Petition 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 our Prior  Order 
and the record and found that three complaints were filed against 
Operator's CPST rates,  with the most  recent complaint filed  on 
December 22, 1993.  In  our Prior Order,  we found that  Operator 
justified its actual  CPST rates through  November 30, 1994.   As 
there were no valid  complaints received against Operator's  CPST 
rates in  effect after  December 1,  1994, we  will, on  our  own 
motion, amend  our Prior  Order  to exclude  the finding  of  any 
refund liability  for  the  period beginning  December  1,  1994, 
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 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  CableOne, Inc.,  DA  98-1665, 13  FCC  Rcd  18402 
(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 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 CableOne,  Inc., DA 98-1665, 13 FCC Rcd  18402 
(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.