February 22, 1994 FCC ORDERS FURTHER RATE REDUCTIONS WHILE PRESERVING INCENTIVES FOR CABLE OPERATORS TO INVEST IN NEW SERVICES The Commission today completed the first round of rate regulation to implement the Cable Television Consumer Protection and Competition Act of 1992. The Commission unanimously adopted a comprehensive package including revised rate regulation rules; rules and procedures allowing cable operators to present a cost-of- service showing; and an item involving reconsideration of other regulation items adopted last April. "These regulations are fair to cable subscribers, who will pay reasonable rates, and fair to cable operators, who have strong incentives for investment and innovation," Chairman Reed Hundt said today. "We aren't claiming our job is over, but rather that our first step is completed. These regulations will result in consumers paying less for the same services or receiving more for the same money," Chairman Hundt added. Upon reconsideration of its original benchmark regulation, the Commission decided to require that prices for regulated services of all cable systems be lowered 17 percent. This reduction will be reached through a two-step process. The Commission took the first step on April 1, 1993, when it required systems operating above a price benchmark average to come down 10 percent. That action caused the prices of about two-thirds of all systems to drop when comparing the same package of regulated services. The Commission takes the second step, to bring prices down another 7 percent, today. This will cause about 90 percent of cable systems to drop prices for the same package of regulated services. The Commission also adopted going forward rules designed to preserve the incentives for the cable industry to continue building the National Information Infrastructure and to add creative new programming services to its cable offerings. Cable operators will be able to add value to their regulated packages of cable services and to create new, unregulated services. (over) -2- The FCC's implementation of the 1992 Cable Act has already brought an end to the rapid price increases in cable services that occurred following the implementation of the 1984 Cable Act. In addition, the Commissin has adopted rules that go a long way toward improving customer service. Had the 1992 Cable Act not been passed, prices would have continued to rise and consumers would have paid more for the same services than they will in 1994. Cable operators below the new benchmark and small cable operators will have a transition period during which they will not be required to lower their prices by the full 17 percent pending the completion of cost studies. In addition, certain small systems will also be relieved of the requirement to unbundle equipment revenues and rates, a requirement which appears to have placed a large burden on small operators. The Commission adopted rules and procedures for cost of service rate showings. Under these regulations, a cable operator may request relief from the required reduction in rates by showing that its costs of service are unusually high. The cable cost of service policies adopted today are similar to those the Commission has applied to the telephone industry. This traditional cost of service approach balances the interests of the cable operators and their customers, permitting operators to recover from customers only the reasonable costs of providing regulated services, including operating expenses and a reasonable rate of return. Included in our cost-of-service rules is a provision for streamlined showings by small operators, yet another mechanism for lightening the regulatory burden on small systems. The final item adopted by the Commission today affirms earlier decisions by the Commission, such as the tier buy-through provisions. Under this provision cable operators cannot require a subscriber to purchase any level of service other than the basic service in order to access pay-per-view and other premium channel offerings. The Commission is undertaking an aggressive effort of education and assistance in order to maximize the effective implementation of these regulations. In December, the Commission created a stand-alone Cable Services Bureau to provide "one stop shopping" for cable operators, consumers and state and local government officials, including franchising authorities. (over) -3- Telephone assistance in obtaining and completing forms as well as other aspects of compliance with and implementation of these new regulations is available through the Bureau. A separate contact list, released today, is based on geographic zones and directs people to the correct Cable Services Bureau staffers. The Commission is also holding regional educational seminars for franchising authorities, other government officials and consumer representatives and a teleconference seminar for cable operators. In adopting these items, the Commission also noted that implementation of the 1992 Cable Act depends on the participation of state and local franchising authorities, who must seek certification to regulate basic cable service, and consumers, who must complain to the Commission where they feel the Commission's regulations are being violated with respect to cable programming services. The Commission also looks forward to the full participation of the cable industry in implementing regulations that have the potential to bring value to the country as a whole. -FCC- News Media contact: Karen Watson or Susan Sallet at (202) 632- 5050 Cable Services Bureau contact: Sandy Wilson at (202) 416-0856