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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                 
                              )
                              )    CUID Nos. MN0562 (Minnetrista)
In the Matter of                   )              MN0563 (St. Bonifacius)
                              )              MN0564 (Spring Park)
                              )              MN0565 (Minnetonka Beach)
Triax Midwest Associates, L.P.          )              MN0566 (Excelsior)
                              )              MN0567 (Orono)
                              )              MN0568 (Medina)
                              )              MN0569 (Wayzata)
                              )              MN0570 (Shorewood)
                              )              MN0571 (Tonka Bay)
                              )              MN0572 (Long Lake)
                              )              MN0573 (Greenwood)
                              )              MN0574 (Deephaven)
Complaints Regarding                    )              MN0575 (Woodland)
Cable Programming Services Tier Rates   )              MN0576 (Victoria)
                              )

           
ORDER                           

     Adopted:  December 17, 1997        Released:  December 19, 1997 

By the Deputy Chief, 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 communities referenced above. 
We have already issued an order in which we found Operator's CPST rates in effect through January 31, 1996
to be reasonable ("Prior Order").  In our Prior Order, we also found Operator's CPST rates to be
unreasonable beginning February 1, 1996 but we stayed Operator's refund liability for 30 days and allowed
Operator to file any FCC forms which it previously failed to file to justify its February 1, 1996 CPST rate. 
In this Order, we vacate our Prior Order only to the extent it pertains to Operator's CPST rates in effect
beginning February 1, 1996 and we address the reasonableness of those CPST rates based on our review of
Operator's supplemental filings.  
     
     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 a rate to be unreasonable, it shall determine the
correct rate and any refund liability.  Operators may justify 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.

     3.   Upon review of Operator's FCC Form 1240 for the projected period February 1, 1996
through January 31, 1997, we find Operator's calculated maximum permitted rate ("MPR") of $14.77 to be
reasonable.  Because Operator's actual CPST rate of $14.71 does not exceed its MPR, we find Operator's
actual CPST rate of $14.71, effective February 1, 1996 through January 31, 1997, to be reasonable.  

     4.   Upon review of Operator's FCC Form 1240 for the projected period February 1, 1997
through January 31, 1998, we amended Operator's Line D6 (Current True-Up Segment) to coincide with Line
I8 of Operator's prior FCC Form 1240 filing, in accordance with the FCC Form 1240 Instructions.  We also
amended Operator's Line D7 (Current Inflation Segment) to include the amount from Line I5 of its prior FCC
Form 1240 per the FCC Form 1240 Instructions and Appendix A to DA 96-1804.  Finally, we changed the
number of months on Line E3 to three months in accordance with FCC Form 1240 Instructions.  These
adjustments resulted in a revised MPR of $13.74 for the projected period rather than Operator's MPR of
$15.20 for the projected period.  Because Operator's actual rate of $14.71, effective February 1, 1997 through
February 28, 1997, exceeds its revised MPR of $13.74, we find Operator's actual CPST rate of $14.71,
effective February 1, 1997 through February 28, 1997, to be unreasonable.  Because Operator's actual CPST
rate of $13.63, effective March 1, 1997, does not exceed its revised MPR, we find Operator's actual CPST
rate of $13.63, effective March 1, 1997 through the present, to be reasonable.  

     5.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the CPST rate of $14.71, charged by Operator in the franchise areas referenced above,
effective February 1, 1996 through January 31, 1997, IS REASONABLE.

     6.   IT IS FURTHER ORDERED,  pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the CPST rate of $14.71, charged by Operator in the franchise areas referenced above
effective February 1, 1997 through February 28, 1997, IS UNREASONABLE.

     7.   IT IS FURTHER ORDERED,  pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the CPST rate of $13.63, charged by Operator in the franchise areas referenced above
effective March 1, 1997 through the present, IS REASONABLE.

     8.   IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47
C.F.R.  76.961, that Operator shall refund to subscribers in the community referenced above that portion
of the amount paid in excess of the maximum permitted CPST rate of $13.74 per month (plus franchise fees),
plus interest to the date of the refund, for the period February 1, 1997 through February 28, 1997.

     9.   IT IS FURTHER ORDERED that Operator shall promptly determine the overcharges to
CPST subscribers for the stated periods, and shall within 30 days of the release of this Order, file a report
with the Chief, Cable Services Bureau, stating the cumulative refund amount so determined (including
franchise fees and interest), describing the calculation thereof, and describing its plan to implement the
refund within 60 days of Commission approval of the plan. 

     10.  IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that Operator take into account our FCC Form 1240 adjustment when calculating its
maximum permitted rate and performing the true-up calculation on its next FCC Form 1240.  

     11.  IT IS FURTHER ORDERED, that In The Matter of Triax Midwest Associates, L.P., DA 97-
1643, IS VACATED TO THE EXTENT INDICATED HEREIN.

     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 INDICATED HEREIN.

                              FEDERAL COMMUNICATIONS COMMISSION 



                              John E. Logan
                              Deputy Chief, Cable Services Bureau