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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 ) ) TCI Cablevision of California, Inc. ) CUID No. CA0063 (Concord) ) Complaint Regarding ) Cable Programming Services Tier Rates ) ) ) ORDER Adopted: March 20, 1997 Released: March 24, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints about the rates charged by 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 in which we found that Operator's rates in effect before May 15, 1994 were unreasonable ("Prior Order"). Accordingly, this Order addresses only the reasonableness of Operator's CPST rates in effect after May 14, 1994. 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 Form 1200 and 1210's for the period May 15, 1994 through March 31, 1996, we find that Operator charged in excess of its calculated maximum permitted rate ("MPR") beginning May 15, 1994, as discussed in the paragraphs below. 4. FCC Form 1200. We made several adjustments to Operator's FCC Form 1200 but the adjustments did not affect Operator's MPR of $11.73. Operator's actual CPST rate at the time was $11.75. We find that Operator's CPST rate of $11.75 for the period May 15, 1994 through July 14, 1994 has exceeded its MPR by $.02. Thus, Operator failed to demonstrate that its May 15, 1994 CPST rate of $11.75 was reasonable. Operator is not liable for a refund for this period regarding its FCC Form 1200 rates as it has elected to avail itself of the refund liability deferral period in accordance with the Commission's Rules. However, because we found that Operator's CPST rate was in excess of $11.54 which we determined to be the Operator's MPR for its CPST in our Prior Order, Operator is still liable for refunds for charging a CPST rate greater than $11.54 during the period of May 15, 1994 through July 14, 1994. We find this discrepancy to be de minimis and it would not be in the public interest to order a refund. 5. FCC Form 1210's. We find the MPR of $12.23 from Operator's FCC Form 1210 for the period April 1, 1994 through June 30, 1994 to be reasonable. Therefore, we find Operator's actual CPST rate of $12.23 for the period July 15, 1994 through September 30, 1994 to be reasonable. 6. We find the MPR of $13.01 from Operator's FCC Form 1210 for the period July 1, 1994 through September 30, 1994 to be reasonable. Therefore, we find Operator's actual CPST rate of $13.01 for the period October 1, 1994 through February 19, 1995 to be reasonable. 7. We find the MPR of $13.33 from Operator's FCC Form 1210 for the period October 1, 1994 through December 31, 1994 to be reasonable. Therefore, we find Operator's actual CPST rate of $13.33 for the period February 20, 1995 through March 31, 1996 to be reasonable. 8. We made an adjustment to Operator's FCC Form 1210 for the period January 1, 1995 through March 31, 1996 but the adjustment did not affect Operator's MPR of $14.34. Therefore, Operator's MPR of $14.34 beginning April 1, 1996 is reasonable. 9. 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 above during the period May 15, 1994 through July 14, 1994 IS UNREASONABLE TO THE EXTENT DISCUSSED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rates charged by Operator in the franchise area referenced above during the period July 15, 1994 through March 31, 1996 ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that Operator's maximum permitted rate of $14.34, in the franchise area referenced above, beginning April 1, 1996, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the referenced complaints ARE GRANTED TO THE EXTENT DISCUSSED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau