NEWSReport No. 95-22 ACTION IN DOCKET CASE February 6, 1995 COMMISSION ADOPTS ORDER PERMITTING LOCAL FRANCHISING AUTHORITIES AND SMALL SYSTEMS TO CREATE THEIR OWN RATE AGREEMENTS (MM DOCKET NOS. 92-266, 93-215) The Commission has adopted an order amending its rules to allow certified local franchising authorities ("LFAs"), independent small systems, and small systems owned by small multiple system operators to enter into alternative rate regulation agreements for the basic service and cable programming service tiers. These agreements will reduce the regulatory burdens on both LFAs and small operators. The amended rules allow LFAs and eligible small operators to enter into rate agreements covering initial rates, going-forward issues, network upgrades, and external costs. The Commission believes that, in many cases, LFAs and small system operators are better qualified to adopt rate rules that reflect their unique local business environment, yet meet the regulatory requirements of the 1992 Cable Act. The Commission believes the rules adopted today properly take into account these statutory requirements. Thus, rates charged pursuant to an alternative rate regulation agreement will be deemed reasonable. Consumers have the opportunity to comment on the terms of an alternative agreement before it becomes effective. Certified LFAs and eligible small systems may enter into an alternative rate regulation agreement at any time, even if they currently follow the Commission's benchmark/cost-of- service regulations. The rules adopted today impose no requirements to control the negotiation process, and the parties may negotiate directly with each other. LFAs must, however, consider all statutory factors when negotiating reasonable rates to be charged by the small system. Interested parties, including subscribers, may appeal to the Commission an LFA's basic service rate decision made according to an alternative agreement, and they may file an FCC Form 329 complaint to challenge CPS rates. The issue before the Commission will be whether the small system is charging the agreed upon rate and whether the agreement was entered into consistent with our requirements. -more- -2- The Order responds to concerns expressed to the Commission by the Cable Telecommunications Association ("CATA"), the Small Cable Business Association, and other groups. These groups believe that the consumer can be better served if small system operators can reduce administrative costs by negotiating directly with the LFA to establish reasonable rates for cable television service. It is further asserted by CATA and others that some small communities have not sought certification because of the perceived administrative burden on local government. The Commission believes that this additional method of creating local rate agreements will bring the benefits of the 1992 Cable Act to additional small communities desiring to regulate basic and cable programming service rates. Action by the Commission February 3, 1995, by Eighth Order On Reconsideration (FCC 95-42). News Media contact: Morgan Broman (202) 416-0852; Cable Services Bureau contacts: Susan Cosentino and Tom Power at (202) 416-0800. -FCC-