******************************************************** 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 Great Lakes, Inc. d/b/a Telenois, Inc. ) CUID Nos. IL0555 (Bartlett) ) IL0556 (Des Plaines) ) IL0557 (Hanover Park) ) IL0559 (Park Ridge) ) IL0560 (Prospect Heights) ) Complaints Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: January 9, 1997 Released: January 15, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints against the June 1, 1996 rate increases by TCI Great Lakes, Inc. d/b/a Telenois, Inc. ("TCI") for its cable programming services tier ("CPST") in the above-referenced communities. We have already issued a separate order addressing the reasonableness of the rates prior to that date. We conclude that the CPST rate increases of $2.82 TCI began charging on June 1, 1996 are 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 ("the 1996 Act") 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 more than one subscriber complaint. 3. On November 26, 1996, the Northwest Municipal Cable Council ("Northwest") filed complaints against TCI's June 1, 1996 CPST rate increases in the communities referenced above. Northwest has certified that it has received subscriber complaints regarding the CPST rate increases within 90 days after the date of the increase first appeared on the subscriber's cable bill. As required by our rules, Northwest's complaints also included a copy of TCI's rate justification. 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 the record before us, we find that TCI has provided sufficient evidence to support a CPST rate increase of $2.82 We conclude, therefore, that TCI's CPST rate increases are justified. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321 that the monthly CPST rate increases of $2.82 charged by TCI in the communities referenced above beginning June 1, 1996 ARE 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 Northwest Municipal Cable Council's complaints against the CPST rate increase, effective June 1, 1996, charged by TCI in the communities referenced above ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau