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) ) TCI Southeast, d/b/a/ ) District Cablevision, L.P. ) CUID No. DC0002 (District of Columbia) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: November 12, 1996 Released: November 13, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint concerning the June 1, 1996 rate increase of TCI Southeast, d/b/a/ District Cablevision, L.P. ("TCI") for its cable programming services tier ("CPST") in the District of Columbia. This Order addresses only the reasonableness of TCI's rate increase of $3.67 that became effective on June 1, 1996. We conclude that TCI's June 1, 1996 CPST rate increase is not unreasonable. 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. If the Commission finds the rate unreasonable, it shall determine the correct rate and any refund liability. The Telecommunications Act of 1996 ("1996 Act") and our rules implementing the new legislation, require that complaints against the CPST rates be filed with the Commission by a local franchising authority ("LFA") that has received subscriber complaints. An LFA may not file a CPST rate complaint unless it receives more than one subscriber complaint within 90 days after such increase becomes effective. 3. The Government of the District of Columbia, Office of Cable Television ("District") filed a complaint on August 26, 1996 regarding the June 1, 1996 increase in TCI's CPST rate in the District of Columbia. The District has certified that it has received subscriber complaints and has complied with the Interim Rules. TCI submitted FCC Form 1240 to justify the rate increase that went into effect June 1, 1996. 4. In reviewing TCI's FCC Form 1240 filing we found that TCI did not include the changes for external costs and the inflation in a timely manner under 47 C.F.R  76.922 (c)(3) on its previous FCC Form 1210 filing. Therefore, we adjusted the Current Maximum Permitted Rate (Line A1, Tier 2) on TCI's FCC Form 1240. This resulted in a correction to TCI's claimed Maximum Permitted Rate for Projected Period (Line I9, Tier 2). Upon review of the record herein, we conclude that notwithstanding our adjustments, TCI has justified its June 1, 1996 rate increase of $3.67. On its next filing of FCC Form 1240, however, TCI shall adjust its Current Maximum Permitted Rate (Line A1, Tier 2) consistent with this Order. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that TCI Southeast, d/b/a/ District Cablevision, L.P.'s CPST rate increase of $3.67 which went into effect on June 1, 1996, in the District of Columbia, CUID DC0002, IS NOT UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint referenced herein against the June 1, 1996 CPST rate increase charged by TCI Southeast, d/b/a/ District Cablevision, L.P. in the District of Columbia, CUID DC0002, IS DENIED. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that TCI Southeast, d/b/a/ District Cablevision, L.P. in the District of Columbia, CUID DC0002, revise its calculation of its maximum permitted CPST rate in its next FCC Form 1240 filing. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau