NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Cox Communications Roanoke, Inc. ) ) CUID No. VA0150 (Roanoke) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: October 31, 1996 Released: November 6, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint concerning the March 1, 1996 rate increase by Cox Communications Roanoke, Inc. ("Cox") for its cable programming services tier ("CPST") in the City of Roanoke, Virginia, CUID No. VA0150. Cox has chosen to justify its rate increase on a previously filed FCC Form 1240. This Order addresses only the reasonableness of Cox's CPST rate increase of $1.70 that became effective March 1, 1996. We have already issued a separate order addressing the reasonableness of the CPST rates prior to the implementation of the rate increase. We conclude that, for the reason discussed below, the rate increase Cox implemented on March 1, 1996 is not unreasonable. 2. Under the Communications Act, the Federal Communications Commission ("Commission") is authorized to review the CPST rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. If the Commission finds the rate unreasonable, it shall determine the correct rate and any refund liability. The Telecommunications Act of 1996 and our rules implementing the new legislation, require that complaints against the CPST rates be filed with the Commission by a franchising authority that has received subscriber complaints. A franchising authority may not file a CPST rate complaint unless, within 90 days after such increase becomes effective, it receives subscriber complaints. This standard requires more than one subscriber rate complaint. The provisions under the 1996 Act became effective upon its enactment on February 8, 1996. 3. To justify rates for the period beginning May 15, 1994 through a benchmark or cost of service showing, operators must use the FCC Form 1200 series. Operators are permitted to make changes to their rates on a quarterly basis using FCC Form 1210. Operators may alternatively justify adjustments to their rates on an annual basis using FCC Form 1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the number of regulated channels that are projected for the twelve months following the rate change. Any incurred cost that is not projected may be accrued with interest and added to rates at a later time. 4. On August 26, 1996, the franchising authority, the City of Roanoke, filed a complaint against Cox's March 1, 1996 CPST rate increase. In its complaint the City of Roanoke certifies that it has received subscriber complaints regarding the CPST rate increase within 90 days after the date of the increase first appeared on the subscribers' bills. As required by our rules, the City's complaint also included a copy of the rate justification that Cox submitted to the franchising authority. 5. Upon review of the record before us, we find that Cox has provided sufficient evidence to support its CPST rate increase of $1.70. 6. ACCORDINGLY, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321 that monthly CPST rate increase of $1.70 charged by Cox Communications Roanoke, Inc., in CUID No. VA0150, Roanoke, Virginia, beginning March 1, 1996, IS NOT UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321 that the City of Roanoke's complaint against the CPST rate, effective March 1, 1996, charged by Cox Communications Roanoke, Inc., in CUID No. VA0150, City of Roanoke, Virginia, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau