******************************************************** 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 ) ) Cablevision of New Jersey, Inc. ) CUID No. NJ0381(Bayonne) d/b/a Cablevision of Bayonne ) ) Complaint Regarding ) Cable Programming Services Tier Rates) ORDER Adopted: February 3, 1997 Released: February 6, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint about the rates of the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. Operator has attempted to justify its CPST rates through benchmark justifications on FCC Forms 1200 and 1210. We have already issued a separate order addressing the reasonableness of Operator's rates in effect before May 15, 1994. Accordingly, this Order addresses the reasonableness of Operator's CPST rate in effect from May 15, 1994 to the present. 2. Under the Communications Act, the 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 rates to be unreasonable, it shall determine correct rates and any refund liability. 3. Upon review of Operator's FCC Forms 1200 and 1210's for the period May 15, 1994 to September 30, 1996, we find that Operator has not justified its CPST rate for the period July 1, 1995 through July 31, 1995. The Operator filed FCC Form 1210, for the period October 1, 1994 to June 30, 1995, justifying a maximum permitted rate of $12.22 and was charging $12.23 from July 1, 1995 through July 31, 1995. The Operator reduced the rate to $12.22 on August 1, 1995. We find this discrepancy to be de minimis and it would not be in the public interest to order a refund. Other than the above, we find Operator's CPST rates from May 15, 1994 through the present to be justified and reasonable. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rate charged by Operator in the franchise area referenced in the caption during the period May 15, 1994 to present IS UNREASONABLE TO THE EXTENT DISCUSSED HEREIN. 5. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the referenced complaint IS GRANTED TO THE EXTENT DISCUSSED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau