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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 ) ) Suburban Cable TV Co., Inc. )CUID No. PA0103 (Manor Township) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: July 28, 1997 Released: July 30, 1997 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1.In this Order we consider complaints about the rates charged by the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. Operator has chosen to attempt to justify its CPST rates through benchmark showings on FCC Form 1200, multiple FCC Form 1210s and multiple FCC Form 1240s. We have already issued a separate order in which we dismissed for lack of jurisdiction complaints filed prior to May 14, 1994. Accordingly, this Order addresses only those complaints received after May 14, 1994. 2.Under the Communications Act, the Federal Communications Commission ("Commission") is authorized 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 to be unreasonable, it shall determine the correct rate and any refund liability. 3.A valid complaint was filed with the Commission on February 21, 1995 against Operator's February 15, 1995 CPST rate increase from $11.98 to $14.31, exclusive of franchise fees. The filing of a complete and timely complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. The Operator has the burden of demonstrating that the CPST rates complained about are reasonable. 4.To justify rates for the period beginning May 15, 1994 through a benchmark or cost of service showing, operators must use the FCC Form 1200 series. Cable operators may file an FCC Form 1210 to justify rate increases based on the addition and deletion of channels, changes in certain external costs and inflation. In addition, Operators must file a Form 1210 at least 30 days before new rates are scheduled to go into effect, where there is a pending complaint against the CPST rate. Operators may justify adjustments to their rates on an annual basis using FCC Form 1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the number of regulated channels that are projected for the twelve months following the rate change. Any incurred cost that is not projected may be accrued with interest and added to rates at a later time. If actual and projected costs are different during the rate year a "true-up" mechanism is available to correct estimated costs with actual cost changes. The "true-up" requires operators to decrease their rates or alternatively permits them to increase their rates to make an adjustment for over or under estimations of these cost changes. 5.Upon review of Operator's FCC Form 1200 we find Operator's maximum permitted rate ("MPR") of $11.67 to be reasonable. Upon review of Operator's FCC Form 1210 for the period April 1, 1994 through December 31, 1994, we find Operator's MPR of $12.69 to be reasonable. 6.Upon review of Operator's FCC Form 1210 for the period January 1, 1995 through March 31, 1995, we find Operator's MPR of $14.31 to be reasonable. Because Operator's actual CPST rate of $14.31, effective February 15, 1995, does not exceed its MPR, we find Operator's actual CPST rate of $14.31, effective February 15, 1995 through December 31, 1995, to be reasonable. 7.Upon review of Operator's FCC Form 1210 for the period April 1, 1995 through June 30, 1995, we find Operator's MPR of $14.80 to be reasonable. Because Operator's actual CPST rate of $14.59, effective January 1, 1996, does not exceed its MPR, we find Operator's actual CPST rate of $14.59, effective January 1, 1996 through March 31, 1996, to be reasonable. 8.Upon review of Operator's FCC Form 1240 for the projected period April 1, 1996 through March 31, 1997, we find Operator's MPR of $16.05 to be reasonable. Because Operator's actual CPST rate of $15.25, effective April 1, 1996, does not exceed its MPR, we find Operator's actual CPST rate of $15.25, effective April 1, 1996 through March 31, 1997, to be reasonable. 9.Upon review of Operator's FCC Form 1240 for the projected period April 1, 1997 through March 31, 1998, we adjusted Operator's inflation factor on Worksheet One and Lines C3 and C5 to reflect the inflation data available at the time Operator filed its form. We also adjusted Operator's Lines D3, D7, D8 and F1 to coincide with Operator's previous revised FCC Form 1240, in accordance with instructions. These adjustments resulted in a revised MPR of $18.04 rather than Operator's MPR of $18.14. Because Operator's actual CPST rate of $16.95, effective April 1, 1997, does not exceed its revised MPR, we find Operator's actual CPST rate of $16.95, effective April 1, 1996 through the present, to be reasonable. 10.Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the CPST rate of $14.31, charged by Operator in the community referenced above, effective February 15, 1995 through December 31, 1995, IS REASONABLE. 11.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 $14.59, charged by Operator in the community referenced above, effective January 1, 1996 through March 31, 1996, IS REASONABLE. 12.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 $15.25, charged by Operator in the community referenced, effective April 1, 1996 through March 31, 1997, IS REASONABLE. 13.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 $16.95, charged by Operator in the community referenced above, effective April 1, 1997 through the present, IS REASONABLE. 14.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. 15.IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaints against the CPST rates charged by Operator in the community referenced above ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Margaret M. Egler Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau