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

******************************************************** 
                      NOTICE
********************************************************

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-
02-TC-030
                              )         
Suburban Cable TV Co., Inc.             )    CUID        No.  
NJ0005 (Somers Point)
                              )    
Petition for Reconsideration            )    


                            ORDER

     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 Cable Services Bureau Order, 
DA  99-878   ("Prior  Order"),2   filed  with   the  Federal 
Communications  Commission  ("Commission")   by  the  above-
referenced operator ("Operator").3  The Prior Order resolved 
complaints filed  against the rates charged  by Operator for 
its  cable   programming  services  tier  ("CPST")   in  the 
community referenced above beginning  May15, 1994.  In this 
Order  we grant  Operator's  Petition 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.   Operators  must use  the FCC  Form 1200  series to 
justify  rates  for the  period  beginning  May 15,  1994.10  
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 
an  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  the Prior  Order,  the  Cable Services  Bureau 
reduced Line C2 (Number  of Regulated Non-Broadcast Channels 
per tier) of Operator's FCC  Form 1200 to reflect the number 
of non-broadcast channels shown  on Operator's channel line-
up  card.  In  its Petition,  Operator provides  information 
that  supports  its  original calculation  of  non-broadcast 
channels.  Operator  also provides  support for  its channel 
additions and for the implementation  dates of its CPST rate 
increases.   We are  persuaded that  Operator's calculations 
are  accurate   and  we  find  Operator's   argument  to  be 
compelling.   Upon review  of Operator's  FCC Form  1200 and 
subsequent filings, taking into account the revision to Line 
C2,   channel  additions   and   implementation  dates   for 
Operator's CPST  rate increases,  we find  Operator's actual 
CPST  rates  to  be   reasonable  beginning  May  15,  1994.  
Therefore, we modify  the Prior Order to  exclude any refund 
liability.

     5.   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.

     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 of Suburban Cable TV Co., Inc., DA 
99-878, 14 FCC Rcd 7233 (CSB 1999) IS MODIFIED TO THE EXTENT 
INDICATED HEREIN.

     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  rates, charged  by  Operator in  the 
community  referenced above,  beginning  May  15, 1994,  ARE 
REASONABLE.

                              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  See In The Matter of  Suburban Cable TV Co., Inc., DA 99-
878, 14 FCC Rcd 7233 (CSB 1999). 
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. 
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.