NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of) ) Sacramento Cable Television Company) CUID Nos.CA1087 (Galt) )CA1088 (Sacramento Co.) )CA1089 (Sacramento) )CA1092 (Folsom) ) ) ) Complaints Regarding ) Cable Programming Services Tier Rates) ORDER Adopted: September 20, 1996 Released: September 26, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1.In this Order we consider complaints about rates the above-captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the communities referenced above. Operator's response includes benchmark justifications filed on FCC Form 1200 and FCC Form 1210 for the period ending in the fourth quarter of 1994. This Order addresses only the reasonableness of Operator's rates after May 14, 1994. The Federal Communications Commission ("Commission") has already issued a separate order addressing the reasonableness of Operator's rates prior to that date. 2.Under the Communications Act, the Commission is authorized to review CPST rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. If the Commission finds rates to be unreasonable, it shall determine correct rates and any refund liability. 3.Pursuant to the Cable Television Consumer Protection and Competition Act of 1992, and our rules implementing it, 47 C.F.R. Part 76, Subpart N, Operator filed its FCC Form 1200 and 1210 for the period starting May 15, 1994 through December 31, 1994 in response to complaints referenced herein. Upon review of Operator's FCC Form 1200, we have found that Operator has miscalculated its maximum permitted rate for its CPST due to an incorrect channel count. Accordingly, we adjusted Operator's FCC Forms 1200 and 1210 to reflect our corrections to Operator's channel count. This adjustment should be taken into account in Operator's next filing and Operator's maximum permitted CPST rate should be revised accordingly. Notwithstanding our adjustments, however, we conclude that Operator has justified its CPST rate charged during the period under review. Operator's actual rate is below its maximum permitted rate. Therefore, we find that Operator's CPST rate in the above referenced communities is justified and not unreasonable. 4.Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that complaints referenced herein against the CPST rate charged by Operator in the franchise area referenced in the caption during the period May 15, 1994 to December 31, 1994 ARE DENIED. 5.Accordingly, IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the Operator revise its calculation of its maximum permitted CPST rate in its next filing. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau