NEWS CS-95-10 August 3, 1995 COMMISSION AND TIME WARNER CABLE NEGOTIATE SOCIAL CONTRACT; COMMISSION REQUESTS PUBLIC COMMENT The Commission and Time Warner Cable (TWC) have negotiated a Social Contract (Contract) that will, if finally adopted by the Commission, provide for the upgrading of TWC's cable systems. The proposed Contract was negotiated in accordance with the Commission's authority to consider and adopt "social contracts" as alternatives to other regulatory approaches applicable to cable television rates. If adopted, the proposed Contract will assure fair and reasonable rates for TWC's customers, reduce the administrative burden and costs of regulation for local governments, the Commission and TWC, and resolve 946 cable programming services tier rate complaints on file with the Commission. The proposed Contract is designed to improve TWC's service by substantially upgrading the channel capacity and technical reliability of its United States cable systems. The Commission requests public comment. Comments on the proposed Contract are due by September 5, 1995. Reply comments are due by September 20, 1995. A Public Notice (FCC 95-336), entitled "Social Contract for Time Warner Cable Available for Comment" has been released today. Important elements of the proposed Contract include: A commitment by TWC to upgrade its domestic cable systems at a cost of $4 billion over the next 5 years. A TWC commitment to establish lifeline basic service tiers priced at 10% below TWC's benchmark regulated rates. TWC will be allowed to recoup reduced basic service tier revenue through price increases on its cable programming service tiers. The total increase for all regulated programming services provided by TWC will be capped at $1 per year for each of the next five years, plus external costs and inflation. An estimated $4.7 million plus interest in subscriber refunds, in the form of subscriber bill credits. TWC will provide free service connections at one outlet in 100% of the existing public schools (K-12) passed by its cable systems. Additionally, it will provide service connections at cost in secondary private schools that receive funding under Title I of the Elementary and Secondary Education Act of 1965. TWC will provide the connected schools with a monthly educational program guide having curriculum support ideas to assist educators in effectively using the new services. Any internal wiring needed by the connected schools for additional outlets will be provided by TWC at cost. Upon successful development by TWC and Time Inc. of an on-line service for personal computers, TWC will, upon request, provide the cable connected schools (public or private) with one free modem, and additional modems will be made available to such schools at cost. As available in each service area, TWC will provide its on-line service free through each modem during the school year. TWC subscribers will have the right to remove, replace, rearrange or maintain any cable wiring located in the interior space of their dwelling unit. In systems where TWC and its predecessors did not create a la carte packages, TWC can create migrated product tiers (MPTs) consisting of up to four services migrated from regulated tiers. The migrated channels will be priced at their rate regulated prices. In the case of Newhouse systems acquired by TWC that had a la carte packages, TWC will be able to convert Newhouse's "Superstation" a la carte packages (typically three superstations and one satellite channel) into MPTs, priced at current rates (which in no case exceed 29 cents per channel). Another MPT can be created on such systems consisting of satellite channels offered on other, low penetration, a la carte packages. These MPTs will be priced at their current per channel rates. The cumulative number of services migrated from the "Superstation" and other a la carte packages cannot be greater than six. All remaining channels in Newhouse's a la carte packages will be returned to the traditionally rate-regulated service tiers. Where TWC created a la carte packages that received new product tier (NPT) treatment on systems that are contiguous with systems where MPTs will be created, TWC will have the option to lower the prices of the NPTs and raise the prices of the adjacent MPTs in a revenue neutral manner to TWC to provide uniform rates for the systems. The NPTs will then be subject to the price cap increases applicable to MPTs. TWC may add an unlimited number of channels to an MPT at a price of 20 cents per channel plus license fees. After April 1997, TWC may convert the MPTs to NPTs with market constrained pricing, as permitted by the Commission's going forward rules. The resolution of pending rate cases is without any finding by the Commission of any wrongdoing by TWC. Cable Services Bureau Chief Meredith J. Jones commented, "This agreement with Time Warner Cable is another example of an innovative solution to regulatory and business issues of great complexity. The reaction to the earlier Social Contract with Continental has been highly positive. This Contract will provide TWC subscribers with upgraded, reliable service. It provides rate stability for TWC subscribers and resolves nearly one thousand rate complaints. This Contract also extends free cable service to all public schools in TWC service areas. Permitting TWC subscribers to relocate internal cable wiring in their home is an innovative consumer friendly feature." News Media contact: Morgan Broman at (202) 416-0852; Cable Services Bureau contacts: Nancy Markowitz, Jerome Fowlkes and JoAnn Lucanik at (202) 416-0800