NEWS CS-95-11 August 3, 1995 COMMISSION UNANIMOUSLY ADOPTS CONTINENTAL CABLEVISION, INC. SOCIAL CONTRACT The Commission has adopted a Social Contract resolving cable television rate complaints pending against Continental Cablevision, Inc. and requiring Continental to upgrade its systems. The Contract was negotiated in accordance with the Commission's authority to consider and to adopt social contracts as alternatives to other regulatory approaches applicable to cable television rates. The draft Continental Social Contract was released on April 3, 1995 and the comment period closed on June 6, 1995. Comments were received from 121 local franchising authorities, government officials, public interest groups, and subscribers, 97 of which supported the agreement. Key elements of the Social Contract include: A Continental commitment to invest $1.35 billion during 1995-2000 to upgrade its domestic cable systems. A Continental commitment to establish lifeline basic service tiers by reducing rates on all its systems by 15% to 20%. Basic rate reductions may be recovered on the cable programming services tier. Resolution of the current rate levels for all of Continental's regulated cable programming services tiers, and all of Continental's unregulated basic service tiers, whether regulated or unregulated. An estimated $9.5 million in subscriber in-kind refunds, of which approximately $6.2 million is for basic service tier and cable programming services tier subscribers in franchise areas where Continental has justified rates through cost of service showings and $3.3 million is for cable programming services tier subscribers in franchise areas where Continental has justified rates through use of the Commission's benchmark formula. An opportunity for local franchising authorities to opt out of the settlement of basic service tier cost of service refunds within 30 days of the release of the Commission's order adopting the Social Contract. Justifications for basic service tier rates in franchise areas where Continental has submitted benchmark filings are not affected by the Contract. Annual progress reports to the Commission and all Continental local franchising authorities. The resolution of pending rate cases is without any finding by the Commission of any wrongdoing by Continental. Commenting on the adoption of the Continental Social Contract, Cable Services Bureau Chief Meredith J. Jones said, "I am gratified by the adoption of this Social Contract by the Commission. The Contract reflects a fair resolution of these rate complaints that is a very positive step for consumers, Continental and the Commission. Consumers can look forward to higher quality service and rate stability. Continental will be upgrading its systems and moving forward." Several modifications have been negotiated from the proposed Social Contract. Key Contract modifications include: Continental shall initiate in-kind refunds no later than the start of the first full month beginning 90 days after the Commission's approval. Continental may reduce basic service tier rates up to an additional 5% after reducing the price on its basic service tier by 15% to create a lifeline basic service tier for a maximum reduction of 20%, where there is a disparity in basic service tier rates among franchise areas within a single Continental system and the reduction will bring about greater uniformity of basic service tier rates. The Commission will take the rate restructuring done to create the lifeline basic tier into account in any comparison of industry average cable programming services tier rates. To create the lifeline basic tier in systems where rates were justified by cost of service filings, the rate will be reduced from the lower of the current rate or the Form 1200 rate. Statewide or regional equipment and installation charges that the Commission approves pursuant to the Social Contract will be subject to enforcement by local franchising authorities. If any local franchising authority finds that Continental's equipment and installation rates exceed those permitted by the Commission, the local franchising authority may order Continental to make refunds for the excess charges. Where a local franchising authority requires Continental to upgrade a system beyond the capacity level that Continental had otherwise proposed in accordance with the Social Contract, Continental will have the right to use other mechanisms permitted by law or regulation to recover the additional upgrade costs. Cost recovery through such mechanisms will not reduce Continental's obligation to invest $1.35 billion under the Social Contract. Rate, migrated product tier and going forward adjustments which Continental has implemented under the Social Contract will continue to apply to cable systems divested by Continental through a system sale or trade. Other rights and obligations will apply only if the new owner notifies the Commission that it agrees to be bound by the same or similar terms and conditions as those contained in the Social Contract. Continental will not be relieved of its total investment requirement under the Social Contract by reason of these divestures. Any proposed modification to or termination of the Social Contract will be placed on public notice and served on all local franchising authorities affected by the proposed modification or termination. There will be comment and reply comment periods for any such modification or termination. New Media contact: Morgan Broman (202) 416-0852; Cable Services Bureau contacts: Jerome Fowlkes, Renee Terry, JoAnn Lucanik and Lenworth Smith, Jr. (202) 416-0800. -FCC-