NEWSReport No. DC-95-7 ACTION IN DOCKET CASE January 6, 1995 COMMISSION ADOPTS ADDITIONAL INCENTIVES FOR SMALLER CABLE SYSTEM OPERATORS TO ADD CHANNELS (MM DOCKET 92-266) The Commission has, on its own motion, adopted a Seventh Order on Reconsideration ("Seventh Order") which provides smaller cable operators with further incentives to add new channels to cable programming services tiers ("CPSTs") and to single-tier systems. Operators electing the smaller system option can recover a 20 cent markup, plus license fees (subject to caps) plus headend costs. The order also expands the number of operators entitled to use the option. In its Going Forward Order adopted on November 10, 1994, the Commission created an additional channel adjustment method for operators adding channels to CPSTs and to single-tier systems. The Commission also adopted a streamlined cost-of-service procedure permitting independent small systems and small systems owned by small multiple system operators ("MSOs") to elect to recover the costs of upgrading their headend equipment and license fees when they added new channels, rather than to receive the incentives otherwise provided in the Going Forward Order. Headend recovery was limited to the lesser of the actual cost of the headend equipment or $5,000. The Commission believes the small system relief it adopted in the Going Forward Order did not provide sufficient incentives for smaller cable operators to add channels. Therefore, the Seventh Order allows independent small systems and small systems owned by small MSOs to recover by using the per channel adjustment methodology available to all operators and also by using the streamlined cost-of-service procedure for upgrading headend equipment in the following manner. First, as provided for all operators in the Going Forward Order, such operators may make the rate adjustments to reflect per channel additions and programming that all operators are permitted to make under the Going Forward Order. Specifically, operators may make per channel adjustments under either the new or the "old" going forward rules. Operators that elect the new going forward rules are allowed to recover programming license fees associated with adding channels, subject to the License Fee Reserve and the Operator's Cap. Second, such operators may recover the lesser of the actual cost of the headend equipment associated with the channel addition or $5,000 for up to seven channels through December 31, 1997. As provided in the Going Forward Order, headend costs must be depreciated over the useful life of the equipment and the rate of return on the investment must not exceed 11.25%. (over) - 2 - The Seventh Order provides that systems having more than 1,000 subscribers that are independent or are owned by a small MSO, and for which the monthly per subscriber cost of the additional headend equipment necessary to receive an additional channel is one cent or more, may take advantage of the relief afforded by the Order. Finally, the Seventh Order provides that the streamlined cost-of-service procedure for headend upgrades associated with channel additions should also apply to single-tier systems. Action by the Commission, January 5, 1995, by Seventh Order on Reconsideration (FCC 95-8). Chairman Hundt, Commissioners Quello, Ness and Chong, with Commissioner Barrett concurring in the result and issuing a statement. - FCC - News Media contact: Morgan Broman at (202) 416-0852 Cable Services Bureau contacts: Joel Kaufman, Meryl S. Icove (202) 416-0800 -FCC-