******************************************************** 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 ) ) Com-Sat Cable, Inc. ) CUID No. FL1111 (Marion) ) ) Complaint Regarding ) Cable Programming Services Tier Rates) DEFAULT ORDER Adopted: September 25, 1997 Released: September 29, 1997 By the Chief, Cable Services Bureau: 1. In this Order we consider a complaint concerning the rates of the above-captioned operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. Operator has failed to respond to the complaint with a response that includes benchmark or cost-of-service justifications filed on the appropriate FCC Forms. Consequently, we find that Operator is in default. 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. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"), and our rules in effect at the time the complaint was filed, required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 3. The Commission's original rate regulations took effect on September 1, 1993. The Commission subsequently revised its rate regulations effective May 15, 1994. Cable operators with valid CPST 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. Cable operators attempting to justify their rates for the period prior to May 15, 1994 using a benchmark showing must complete and file FCC Form 393. Operators must use the FCC Form 1200 series to justify their rates for the period beginning May 15, 1994 using a benchmark or cost-of-service showing. 4. Section 76.956 of the Commission's rules requires operators to file with the Commission a response to the complaint using the appropriate FCC Form. If an operator fails to file a response to a valid complaint, the operator may be deemed in default. The facts before us show that Operator has failed to respond to the above-referenced complaint with the appropriate FCC Forms. Consequently, we find that the Operator is in default. We will order Operator to respond to the complaint by filing, within 30 days of the release of this order, the relevant FCC Forms. 5. Accordingly, IT IS ORDERED, pursuant to Section 76.956 of the Commission's rules, 47 C.F.R. Section 76.956, that the Operator in the community set forth above IS IN DEFAULT. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. Section 0.321, that Operator shall file with the Chief, Cable Services Bureau, FCC Form 393, and the appropriate FCC Form 1200 series filings, within 30 days of the release of this order. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. Section 0.321, that the complaint referenced herein against the rates charged by the Operator in the community set forth above IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau