******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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) ) TCI Cablevision of Oakland County ) CUID Nos. MI0987 and MI0988 ) (Village of Lake Orion and Complaint Regarding ) Orion Township) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: January 9, 1997 Released: January 14, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints concerning the June 1, 1996 rate increase of TCI Cablevision of Oakland County, ("TCI") for its cable programming services tier ("CPST") in the Village of Lake Orion and Orion Township, Michigan, CUID Nos. MI0987 and MI0988. In response TCI filed identical FCC Forms 1240 for both communitiies. We have already issued separate orders addressing the reasonableness of the rates prior to that date. We conclude for the reasons stated below that the CPST rate increase of $2.37 TCI began charging on June 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 ("1996 Act") and our rules implementing the new legislation, require that complaints against the CPST rates be filed with the Commission by a local franchising authority ("LFA") that has received subscriber complaints. 3. The Village of Orion and Orion Township filed valid complaints on November 1, 1996 regarding the June 1, 1996 increase in TCI's CPST rate in the above- referenced communities. The valid complaints from the LFA trigger an obligation on behalf of the cable operator to file a justification of its CPST rates with the LFA. As required by our rules, TCI filed FCC Forms 1240 with the franchising authorities as justification for this rate increase. 4. 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 may 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. If actual and projected costs are different during the rate year a "true-up" mechanism is available to correct estimated costs with actual cost changes. The "true-up" requires operators to decrease their rates or alternatively permits them to increase their rates to make an adjustment for over or under estimations of these cost changes. 5. Upon review of TCI's FCC Forms 1210 and FCC Forms 1240, we find no apparent errors in TCI's calculation of its June 1, 1996 rate increase. We conclude, therefore, that TCI's CPST rate increase of $2.37 is justified. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that TCI Cablevision of Oakland County, Inc.'s June 1, 1996 CPST rate increase of $2.37 in the Village of Lake Orion and Orion Township, Michigan, CUID Nos. MI0987 and MI0988, IS NOT UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint against the June 1, 1996 CPST rate increase charged by TCI Cablevision of Oakland County, Inc. in CUID Nos. MI0987 and MI0988, in the Village of Lake Orion and Orion Township, Michigan, ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau