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Agencies may depart from prior decisions so long as they have a  Sp- d(#rational basis for doing so and explain their reasoning.*p= {O- d(#-ԍ National Conservative Political Action Comm. v. Federal Election Comm'n, 626 F.2d 953, 959 (D.C. Cir.  d(#1980) ("Agencies are under an obligation to follow their own regulations, procedures, and precedents, or provide a  {OX- d(#wrational explanation for their departures"); Greater Boston Television Corp. v. FCC, 444 F.2d 841, 852 (1970), cert.  {O"- d(#xdenied, 403 U.S. 923 (1971) ("An agency's view of what is in the public interest may change . . . . But an agency  d(#;changing its course must supply a reasoned analysis indicating that prior policies and standards are being deliberately changed, not casually ignored . . . ." (footnotes omitted)).* We believe that the refunds required by the  d(#LResolution strike an appropriate balance between maximizing the compensation due subscribers for past overcharges and minimizing delay and uncertainty in the payment of refunds.  S -  #15.` ` There is nothing in our rules or regulations that precludes us from vacating Bureau Orders  d(#.in the context of a Resolution which establishes rates that are not unreasonable. We find that modifying  d(#the Bureau's rate decisions involved in this Resolution is in the public interest because we find the rates  d(#provided for in the Resolution are not unreasonable under our rules. To the extent that adoption of the  d(#yResolution does require a waiver of any of our rules, we find that such waiver will ensure the expeditious  d(#resolution of a large number of rate complaints while protecting consumers' statutory interest in CPST  d(#rates that are not unreasonable. We recognize that our rules contemplate an adjudication of each CPST  S- d(#rate complaint pursuant to specific ratemaking standards.Y4 = {O-ԍ See 47 C.F.R. 76.922, 76.950963.Y Contrary to the view expressed in the dissent,  d(#we do not see any indication that section 623(c)(1)(B)'s requirement that the Commission establish rate  d(#yresolution procedures by regulation was intended by Congress to preclude the Commission from waiving  d(#those rate resolution procedures in appropriate circumstances. Indeed, our rules expressly provide for the  d(#Mwaiver of any provision of our rules for good cause shown. To the extent that we diverge from these  S- d(#jrules by adopting this Resolution, we find good cause to waive these rules pursuant to Section 1.3 of our  S- d(#"rules, = yO.$- d(#/ԍ Section 1.3 of the Commission's rules provides: "Any provision of the rules may be waived by the Commission on its own motion . . . if good cause therefor is shown." 47 C.F.R. 1.3. because strict compliance with our rules would not serve the public interest under the",`(`(88"  S- d(#circumstances before us.\= {Oh- d(#ԍ See Northeast Cellular Telephone Co., L.P. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) ("The FCC may  d(#exercise its discretion to waive a rule where particular facts would make strict compliance inconsistent with the  {O-public interest."); see also, WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). We find that a waiver furthers the purpose of the rules because the Resolution  d(#keffectively achieves the objectives of the 1992 Cable Act by ensuring the expeditious resolution of all  d(#pending benchmark rate complaints regarding the affected systems while protecting consumers from  d(#unreasonable CPST rates through rate reductions and refunds. We further observe that the Commission's  S`-authority to resolve cases in an analogous manner has been affirmed in other contexts.`= {O- d(#ԍ See New York State Dep't of Law v. FCC, 984 F.2d 1209, 1220 (D.C. Cir. 1993) (consent decree settling enforcement action upheld).  S- 16.` ` Because the Resolution anticipates an expeditious payment of refunds, it may not be  S- d(#possible for TCI to provide 30 days' notice of the refund as required.F= {O - d(#iԍ See Sections 76.309(c)(3)(i)(B) and 76.964 of the Commission's rules, 47 C.F.R. 76.309(c)(3)(i)(B) and 76.964. We believe that on a onetime  d(#basis, waiver of advance notification requirements, limited strictly to providing for refunds, are appropriate  d(#zin this case because prompt implementation will serve the public interest and will allow refunds to be  d(#]issued immediately. We will grant a onetime waiver of the advance notice provisions of Sections  d(#76.309(c)(3)(i)(B) and 76.964 of the Commission's rules in order to allow TCI to implement the  d(#>Resolution expeditiously. In addition, we believe that in the limited circumstances presented by this  S - d(#Resolution state and local notice requirements would frustrate our effort.s = {O8-ԍ  See City of New York, et al v. FCC, 486 U.S. 57 (1988).s Thus, to facilitate rapid  d(#resolution of the complaints, we will preempt any local franchising agreement or any state or local law  d(#jor regulation that requires TCI to give 30 days' notice of rates and service changes to subscribers, strictly  d(#for the purpose of issuing a credit to subscribers. Our decision in this regard, is provided on a onetime  d(#ybasis and only to the extent that TCI is required to give advance notice for the purpose of issuing a credit  S0-to subscribers as provided in the Resolution.02 = {O- d(#Jԍ  See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992,  {O- d(#8 FCC Rcd 3652 (1993) (Preempting notice requirements); see also, Implementation of Sections of the Cable  d(#;Television Consumer Protection and Competition Act of 1992, 9 FCC Rcd 4119, 4184 n. 182 (1994) (Preempting  d(#local and state notice requirements where application of the local and state provisions would serve to prevent a  d(#system from bringing its rates into compliance with the new benchmark rules by the end of the refund deferral period).  S- ~17.` ` Secondly, the negotiation of the Resolution does not violate the Commission's ex parte  S- d(#\rules. On June 2, 1997, amendments to the Commission's ex parte rules became effective, classifying  d(#proceedings involving cable rate complaints filed on FCC Form 329 as permitbutdisclose proceedings  Sl- d(#Lfor ex parte purposes.l= {O$- d(#ԍ See In the Matter of Amendment of 47 C.F.R. 1.1200 et seq. Concerning Ex Parte Presentations in Commission Proceedings, GC Docket No. 9521, FCC 9792, App. B, 1.1206(a)(11) (released March 19, 1997). In the instant proceeding, TCI contacted the Bureau staff expressing an interest  d(#in discussing a global resolution of the rate complaints. Pursuant to Section 1.1204(a)(10) of the"F,`(`(88r"  S- d(#{Commission's rules,F= yOh-ԍ 47 C.F.R. 1.1204(a)(10).F the Bureau staff met with TCI to discuss the resolution of issues relating to  d(#complaints regarding the rates charged for CPST offerings by TCI. Section 1.1204(a)(10)(v) of the  S-Commission's rulesIX= yO-ԍ 47 C.F.R. 1.1204(a)(10)(v).I provides that  ` ` ` ...in situations where new information regarding the merits is disclosed  `during settlement discussions, and the Commission or staff intends that  `the product of the settlement discussions will be disclosed to the other  ` parties or the public for comment before any action is taken, the  `Commission or staff in its discretion may defer disclosure of such new  `information until comment is sought on the settlement proposal or the settlement discussions are terminated.  ` `    d(#zDisclosure of new material must be made in accordance with the requirements of Section 1.1206(b) of  S -the Commission's rulesB = yO-ԍ 47 C.F.R. 1.1206(b).B which provides that a  S - `U ` ` person who makes a written ex parte presentation ... shall ... submit two  `dcopies of the presentation to the Commission's secretary ... for inclusion  SZ-  `(in the public record. The presentation ... must be labelled as an ex parte presentation.  ` `    S-A notice requirement is found in Section 1.1206(b)(4) of the Commission's rulesEx= yO-ԍ 47 C.F.R. 1.1206(b)(4).E which states that the   `W ` `  ... relevant Bureau ... shall place in the public file or record of the  Sl-  `7proceeding written ex parte presentations and memoranda reflecting oral  SF- `ex parte presentations. The Secretary shall issue a public notice listing  S - `any written ex parte presentation or written summaries of oral ex parte  `tpresentations received by his or her office relating to any permitbutdisclose proceeding.  ` `    S- 18.` ` In the context of discussions with the Commission regarding the resolution of the issues  d(#raised by the complaints, TCI provided the Commission with new written information. On September 11,  d(#1997, TCI provided copies of all new material to the Secretary of the Commission and the material was  S - d(#placed in the public file.  = yO#- d(#ԍ This new material is available for inspection in the Cable Service Bureau's public reference room, Room 333  d(#at 2033 M Street, N.W., Washington, D.C. Copies are available from the Commission's copy contractor,  d(#I International Transcription Service, 1231 20th Street, N.W., Washington, D.C. 20036, or by calling ITS at (202) 8573800. Although there are no additional service or public notice requirements  d(#associated with permitbutdisclose proceedings, all complainants including local franchising authorities" ,`(`(88L"  d(#were served with the Proposed Resolution for the purpose of soliciting comment. Local franchising  d(#authorities that were not complainants, and therefore not parties to the proceedings, were also served. In  d(#addition, a public notice was issued by the Bureau notifying the public that new information in the record  S- d(#was available for public inspection.= {O- d(#;ԍ See Public Notice, Additional Information Available for Public Inspection on TCI Communications, Inc., DA  yO-971965 (released Sept. 15, 1997).  The Commission provided 30 days for comment on the Proposed  d(#Resolution. The process followed here balances the need to present a reasonable resolution of a myriad  d(#of contested rate complaints with a real opportunity for those interested to present their views. Although  d(#jour standard procedures for the review of CPST rates do not include an opportunity for local franchising  d(#=authorities, complainants, or others to participate in our decisionmaking process prior to the issuance of  S- d(#an initial order resolving the complaint that triggered our review, ""= {O - d(#ԍ See 47 C.F.R. 76.957 ("The Commission will consider the complaint and the cable operator's response and  d(#then determine by written decision whether the rate for the cable programming service or associated equipment is  d(#unreasonable or not.") The complainant and the cable operator participate in the decisionmaking process before the initial order is issued only by submitting the complaint and any response to the complaint. local franchising authorities and other  d(#interested parties were given a full and fair opportunity to participate in our deliberative process by  d(#submitting comments on the Proposed Resolution, which, by its terms, was not binding on any party prior  d(#Lto our adoption of it in this Order as a final Resolution. We conclude that the Bureau correctly followed  S -the ex parte rules and all interested parties were given fair participation rights.  )  S - 19.` ` There is ample evidence justifying the reasonableness of the CPST rates approved by the  d(#=Resolution. TCI submitted rate justifications for all of the systems included in the Resolution and these  S - d(#filings are available in the public file room.  The Bureau determined that TCI's liability for systems  d(#covered by the Resolution is substantially the same as it was for systems covered by the First Resolution.  d(#yThe difference in the refund amount, $2.18 in the Proposed Resolution and $1.93 in the First Resolution,  d(#?is due to accumulated interest between the time refunds were paid under the First Resolution and December 1, 1997 (the date refunds are assumed payable under the Proposed Resolution).  S- #20.` ` As noted, the Resolution covers CPST rate complaints against systems owned by TCI as  d(#of September 15, 1995, but which were omitted from the First Resolution ("Owned Systems") and CPST  d(#rate complaints against systems acquired by TCI after the First Resolution ("Acquired Systems"). TCI  d(#was able to provide information and reasonable assurances regarding its ratesetting methodologies in its  S- d(#Owned Systems.! = {O- d(#xԍ See Letter dated July 25, 1997 to Meredith J. Jones, Chief, Cable Services Bureau, from Richard D. Treich, Vice President, Franchising and Regulatory Affairs, TCI Communications, Inc. The Bureau reviewed uncertified benchmark rate justifications submitted by TCI to  d(#Mensure that the terms of the First Resolution were applicable to the Owned Systems. Because of the  d(#consistency in the general policies governing TCI's ratesetting in TCI's Owned Systems and based on  d(#kthe review conducted by the Bureau of FCC Forms submitted by TCI, the Bureau concluded that the  d(#settlement amount used in the First Resolution, with interest to cover the passage of time, is applicable  d(#[to the Owned Systems. The Bureau also reviewed both benchmark and cost of service rate justifications  d(#to ensure that the terms of the First Resolution were applicable to the Acquired Systems. The Bureau  d(#[reviewed the FCC Form 1220 filing for the Berkeley/Richmond system based on the Commission's Final"f !,`(`(88."  S- d(#Cost Rules.N"Z= {Oh- d(#Jԍ See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992,  d(#;Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, 11 FCC Rcd 2220 (1996) ("Final Cost Order").N Upon review, the Bureau determined that the original settlement refund amount, as adjusted for interest, was a reasonable and just settlement for the Acquired Systems.  S- `  21.` ` Edward J. Hoffman and Thomas Heard, in addition to being disappointed in the refund  d(#amount, express the desire to be able to refuse the addition of unwanted channels. We have already  d(#addressed the reasonableness of the settlement amount. The issue of subscriber prerogatives in programming selection is beyond the scope of this proceeding.  S-  22.` ` B. Sachau, a former subscriber, objects to TCI's plan to make refunds only to current  d(#subscribers. The Commission's rules allow an operator, at its discretion, to implement a refund in one  d(#of two ways, either through identification of actual subscribers or through a prospective percentage  SH - d(#[reduction of the rates to the class of subscribers that currently subscribe to the service.B#H = yO-ԍ 47 C.F.R. 76.961(c).B Operators face  d(#[constant changes to their subscriber base making it difficult, if not impossible, to identify all such former  d(#subscribers, maintain current address lists for them, and determine what portion of the refund amount  d(#should be remitted to any former subscriber for the period of that subscriber's subscription. We are  d(#convinced that the expense associated with giving refunds to all former subscribers would be large and  d(#that making such refunds would be unduly burdensome to TCI. We conclude that the payment method  d(#proposed for the refunds, as credits to current subscribers, is consistent with our rules and is a reasonable alternative to meet the purposes of the law.  S- V.CONCLUSION AND ORDERING CLAUSES  S-  23.` ` For the reasons discussed above, we conclude that it is in the public interest to adopt the Resolution with the modifications set forth in Paragraphs 10 and 11 above.  S- 24.` ` We further conclude that the maximum permitted rates as reflected by TCI's Form 1200  d(#?Series filings for the communities listed in Exhibits 1 and 2 to the Resolution, are justified and are therefore not unreasonable as of March 31, 1997.  Sx- 25.` ` ACCORDINGLY, FOR THE REASONS SET FORTH ABOVE, IT IS ORDERED that the Resolution attached to this Order, including the modifications noted in this Order, IS ADOPTED.  S- &26.` ` IT IS FURTHER ORDERED that all CPST rate complaints against TCI in the  d(#communities referenced in Exhibits 1 and 2 ARE GRANTED to the extent indicated herein, and DENIED in all other respects.  S`- C27.` ` IT IS FURTHER ORDERED that all proceedings pending review before the Cable  d(#Services Bureau and the Commission with respect to rate complaints against the CPST rates of TCI in the  d(#]communities referenced in Exhibits 1 and 2, ARE RESOLVED TO THE EXTENT INDICATED HEREIN. "! z#,`(`(88F#"Ԍ S- ~28.` ` IT IS FURTHER ORDERED that the orders issued by the Cable Services Bureau with  d(#respect to CPST rate complaints filed between September 1993 through March 31, 1997 against TCI in  d(#the communities referenced in Exhibits 1 and 2, ARE VACATED and ARE SUPERSEDED by this Resolution.  S8- `29.` ` IT IS FURTHER ORDERED that any local franchising agreement or any state or local  d(#law or regulation that requires TCI to give more than 30 days' notice of rates and service changes to  d(#.subscribers, strictly for the purpose of issuing a credit to subscribers in accordance with the Resolution, IS PREEMPTED.  Sp- 30.` ` IT IS FURTHER ORDERED that waivers of 47 C.F.R. 76.309(c)(3)(i)(B) and 76.964,  d(#requiring 30 days' notice of a rate or service change, strictly for the purpose of issuing a credit to subscribers, ARE GRANTED.  S - B31.` ` IT IS FURTHER ORDERED that a waiver of 47 C.F.R. 76.922 and 76.95076.963, to the extent individual adjudication of CPST rate complaints is required thereby, IS GRANTED.  SX- #32.` ` IT IS FURTHER ORDERED that the Cable Services Bureau IS DELEGATED authority to oversee implementation of this Resolution.   S-33.` ` IT IS FURTHER ORDERED that this Order is effective upon adoption.  ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqMagalie Roman Salas ` `  hhCqSecretary "x #,`(`(88}"  S-X` hp x (#%'0*,.8135@8:convenient global rate resolutions might be for the Commission and for cable companies, they do not appear to be within the bounds of governing law. I therefore cannot sanction their use.  S-` ` hhCq**pp*  v In closing, I observe that the administrative burdens that drove the Commission to employ this  d(#/creative but legally flawed method of resolving consumer complaints are the sorry and inevitable by d(#jproduct of rate regulation itself. The better method for avoiding the administrative disaster that would be  d(#occasioned by individualized adjudication of these backlogged complaints is simply to abolish rate  d(# regulation. That is, in part, precisely what Congress wisely recognized when it mandated that CPST  d(#regulation cease in March of 1999. When that time comes, we will be free of the administrative and regulatory demons that haunt this item.