********************************************************    
                         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                     )
                                     )
Charter Communications Entertainment II, LP)     CUID No.  CA0132 (La Canada Flintridge)
                                     )
                                     )
Complaint Regarding                  )
Cable Programming Services Tier Rates)


                                  ORDER

              Adopted:  January 2, 1998                                 Released:  January 9, 1998

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 showings on FCC Form 1200, and
multiple FCC Forms 1210.  We have already issued an order in which we determined that Operator's
CPST rate in effect prior to May 15, 1994 was unreasonable ("Prior Order").  Accordingly, this Order
addresses the reasonableness of Operator's CPST rates in effect from May 15, 1994 to present.

      2.      The Communications Act authorizes the Federal Communications Commission
("Commission") to review the CPST rates of cable systems not subject to effective competition to ensure
that rates charged are not unreasonable.  The Cable Television Consumer Protection and Competition Act
of 1992 ("1992 Cable Act") requires the Commission to review CPST rates upon the filing of a valid
complaint by a subscriber or local franchise authority ("LFA").  If the Commission finds the rate to be
unreasonable, it shall determine the correct rate and any refund liability.
      3.      The Commission's original rate regulations took effect on September 1, 1993.  The
Commission revised its rate regulations effective May 15, 1994.  Cable operators that have valid CPST
complaints filed against them prior to May 15, 1994 must demonstrate that their CPST rates were in
compliance with the Commission's initial rules from the time the complaint was filed through May 14,
1994.  Cable operators must also demonstrate that their rates were in compliance with the revised rules
from May 15, 1994 forward.  Cable operators attempting to justify their rates  for the period beginning
May 15, 1994 by a benchmark showing must use the FCC Form 1200 series.  Cable operators may also
justify rate increases based on the addition and deletion of channels, changes in certain external costs,
and inflation, by filing FCC Form 1210.  FCC Form 1210 must be filed at least 30 days before new
rates are scheduled to go into effect when the Commission has found the CPST rate to be unreasonable
less than one year prior to the filing.  In addition, FCC Form 1210 must be filed where there is a
pending complaint against the CPST rate.

      4.      Upon review of Operator's FCC Form 1200, we adjusted Line A6 to $10.98 to
correspond to the maximum permitted rate ("MPR") determined in our Prior Order.  Despite this
adjustment, our review of Operator's FCC Form 1200 and multiple FCC Forms 1210 shows that
Operator has justified its CPST rates from May 15, 1994 to March 31, 1997.  Operator also justifies a
CPST rate of $15.19 effective April 1, 1997. 

     5.     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 rates charged by Operator in the community referenced
above, from May 15, 1994 to March 31, 1997, ARE NOT UNREASONABLE.

     6.     IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47
C.F.R. Section 0.321 that the monthly CPST rate of $15.19, charged by Operator in the community
referenced above, beginning April 1, 1997, IS 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 the complaint against the CPST rates from May 15, 1994 to present, charged
by Operator in the community referenced above IS DENIED.

                  FEDERAL COMMUNICATIONS COMMISSION 



                  Elizabeth W. Beaty
                  Chief, Financial Analysis and Compliance Division
                  Cable Services Bureau