NEWS CS 95-25 CABLE SERVICES ACTION November 13, 1995 PETITION FOR SPECIAL RELIEF GRANTED TO INSIGHT COMMUNICATIONS CO. The Cable Services Bureau today issued an Order (DA 95-2334) granting a petition for special relief filed by Insight Cable Communications Company, L.P. ("Insight"). The petition sought a waiver of Commission rules to allow Insight to use the small system cost of service rate methodology, despite its failure to meet the numerical requirements outlined in the Sixth Report and Order and Eleventh Order on Reconsideration, MM Docket Nos. 92- 266 & 93-215, FCC 95-42, ("Small System Order"), 10 FCC Rcd 7393 (1995). On July 11, 1995, Insight, owner of 32 cable systems encompassing multiple franchise areas, filed a petition for special relief. The petition requested a waiver of Commission rules so that Insight could establish regulated cable rates on behalf of its systems in accordance with the small system cost of service methodology adopted in the Small System Order. That methodology is available only to small systems, defined as systems of 15,000 or fewer subscribers, that are owned by a small cable company, i.e., a company that serves no more than 400,000 subscribers across all of its systems. A small system is deemed owned by a larger cable company if, among other things, the company owns more than a 20% interest in the system. Insight exceeds these thresholds in two respects: (1) although 29 of the 32 systems meet the small system definition, the remaining three systems serve more than 15,000 subscribers each, and (2) all of the Insight systems are deemed owned by a cable company that exceeds 400,000 subscribers by virtue of a 34% interest in Insight held by Continental Cablevision, Inc. ("Continental"), a multiple system operator serving over three million subscribers. In granting the waiver, the Bureau found that Insight's three systems that exceed the small system limit are sufficiently similar to other systems found by the Commission to be in need of rate relief based on an investigation of several relevant characteristics identified in the Small System Order. The Bureau also noted that none of the three systems, the largest of which serves fewer than 18,000 subscribers, substantially exceeds the 15,000 subscriber limit. Separately, the Bureau determined that Continental's interest in Insight is purely passive and that Insight and its systems enjoy no management or significant financial advantage as a result of their affiliation with Continental. Under the waiver, Insight may establish rates for all of its systems in accordance with the small system cost of service methodology. In some instances, the waiver will extend to small systems subsequently acquired by Insight. In each of these respects, the Bureau found that granting the petition was in the public interest and will further the intent of Congress to minimize regulatory burdens for deserving smaller cable entities. Commenting on the Insight waiver, Cable Services Bureau Chief Meredith Jones said, "This waiver is a good example of the flexibility of the regulatory process. Insight clearly has most of the characteristics of a small system operator and should be able to use the small system rate methodology." Action by the Chief, Cable Services Bureau, November 9, 1995, by Order (DA 95-2334). News Media contact: Morgan Broman (202) 416-0852; Cable Services Bureau contact: Rodney McDonald (202) 416-0800.