******************************************************** 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 ) ) King Videocable Company ) CUID No. WI0510 (River Falls) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: January 24, 1997 Released: January 29, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint about the rate the above-captioned operator ("Operator") was charging for its cable programming services tier, CPST, in the community referenced above. Operator's response includes benchmark justifications filed on FCC Form 1200 and FCC Form 1205. This Order addresses only the reasonableness of Operator's CPST rates from May 14, 1994 to present. We have issued a separate order addressing the reasonableness of the CPST rate prior to May 14, 1994. 2. Under the Communications Act, and our rules implementing it, 47 C.F.R. Part 76, the Federal Communications Commission ("Commission") must review a cable operator's rate for its CPST upon the filing of a valid complaint. The filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification of its CPST rate. Under our rules, an operator may attempt to justify its rate through either a benchmark showing or a cost-of-service showing. In either case, the operator has the burden of demonstrating that its CPST rate is not unreasonable. 3. The Commission's original rate regulations took effect on September 1, 1993. The Commission subsequently revised its rate regulations effective May 15, 1994. Operators with valid CPST rate 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, and that their rates were in compliance with the revised rules from May 15, 1994 forward. Operators attempting to justify their rate for the period prior to May 15, 1994 through a benchmark showing must complete and file FCC Form 393. To justify their rates for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200. 4. Upon review of Operator's FCC Form 1200 and FCC Form 1205, we corrected the MPR from $11.29 to $11.26. Since the Operator's actual rate under consideration was $11.18, the overall effect of this rate adjustment does not represent a non justified rate increase. Therefore, Operator's monthly rates for CPST for the periods under review are justified. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the rates for the CPST charged by Operator from May 14, 1994 in the above- referenced community ARE 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 rates for CPST charged by Operator in the franchise area referenced in the caption during the period under review, IS DENIED. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321 that King Videocable Company, in River Falls, Wisconsin, CUID No. WI0510 must adjust its maximum permitted rate in its next FCC Form 1210 or FCC Form 1240 filling. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau