******************************************************** 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 ) 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 on Reconsideration ) ORDER ON RECONSIDERATION Adopted: January 14, 1998 Released: January 15, 1998 By the Deputy Chief, Cable Services Bureau: 1. In this Order we reconsider on our own motion, pursuant to Section 1.108 of the Commission's Rules, our decision in Triax Midwest Associates, L.P. We have already issued an order in which we found Operator's cable programming service tier ("CPST") rates in effect through January 31, 1996 to be reasonable ("First Order"). In our First 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 a subsequent Order, we vacated our Prior Order only to the extent it pertained to Operator's CPST rates in effect beginning February 1, 1996 and we addressed the reasonableness of those CPST rates based on our review of Operator's supplemental filings ("Second Order"). We now make a correction to our review of the FCC Form 1240 for the projected period February 1, 1997 through January 31, 1998. 2. Specifically, in the Second Order, 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. We now correct Operator's entry at Line F8 to $0.4965 in accordance with FCC Form 1240 Instructions. These adjustments result in a revised maximum permitted rate ("MPR") of $14.26 for the projected period February 1, 1997 through January 31, 1998. Because Operator's actual rate of $14.71, effective February 1, 1997 through February 28, 1997, exceeds its revised MPR, we find Operator's actual CPST rate of $14.71, effective February 1, 1997 through February 28, 1997, to be unreasonable. However, we determine that the total overcharge per subscriber is de minimis and it would not be in the public interest to order a refund. 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. 3. Accordingly, IT IS ORDERED, that In the Matter of Triax Midwest Associates, L.P., DA 97-2646 (Released December 19, 1997) IS VACATED IN PART AND AFFIRMED IN PART TO THE EXTENT INDICATED HEREIN. 4. 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. 5. 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. 6. 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. 7. 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 adjustments when calculating its maximum permitted rate and performing the true-up calculation on its next FCC Form 1240. FEDERAL COMMUNICATIONS COMMISSION John E. Logan Deputy Chief, Cable Services Bureau