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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) InterMedia Partners ) CUID No. SC0112 (Aiken) ) Complaints Regarding) Cable Programming Services Tier) Rate Increase) ORDER Adopted: December 6, 1996Released: December 10, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints concerning the January 1, 1996 CPST rate increase of InterMedia Partners on behalf of Robin Cable Systems d\b\a\ Palmetto CableVision ("InterMedia") for its cable programming sevices tier ("CPST") in Aiken, South Carolina, CUID No. SC0112. InterMedia has chosen to attempt to justify its CPST rates through a cost of service submission on FCC Form 1220. This Order addresses only the reasonableness of InterMedia's rate increase that became effective on January 1, 1995. We conclude that the CPST rate increase InterMedia implemented on January 1, 1995 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. Under the Cable Television Consumer Protection and Competition Act of 1992, ("1992 Cable Act"), the Commission must review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 3. The Commission's original rate regulations took effect on September 1, 1993. The Commission subsequently revised its rate regulations effective May 15, 1994. Generally, to justify their rates for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200 series. Cable operators may also justify rate increases based on the addition and deletion of channels, changes in certain external costs, and inflation, by filing FCC Form 1210. FCC Form 1210 must be filed at least 30 days before new rates are scheduled to go into effect where the Commission has found the CPST rate to be unreasonable less than one year prior to the filing, or where there is a pending complaint against the CPST rate. 4. InterMedia's FCC Form 1220 cost of service filing of February 1, 1995 seeks to establish that its CPST rate increase is justified based on its cost of providing regulated cable service. According to information provided by InterMedia in its cost of service showing, the franchise area comprised approximately 8,578 CPST subscribers. In this review process, we analyzed InterMedia's CPST cost of service showing to ensure that the rate increases were not unreasonable and to determine any associated refund liability. 5. Rate base and expense items have been evaluated to determine whether InterMedia should be permitted to recover those items. Where a certain rate base or expense element was not supported, was excessive, or was unrelated to providing regulated cable service, such cost was disallowed in whole or in part. Where reported costs were disallowed, we have made appropriate adjustments. Even with our adjustments and disallowances, however, we find that InterMedia's monthly CPST rates have been justified. 6. Based on our review of InterMedia's cost of service filing and applying the Commission's most current rules, we find that InterMedia has justified its CPST rate increase. 7. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. Section 0.321, that the January 1, 1996 CPST rate increase implemented by InterMedia in Aiken, South Carolina, CUID No. SC0112, IS NOT UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. Section 0.321, that the complaints against the monthly CPST rate increase implemented by InterMedia on January 1, 1995 with respect to Aiken, South Carolina, CUID No. SC0112, ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau