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A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)Order#&J\  P6Qu&P#CD(#҇In the Matter of Cable Texas, Inc., Complainant " v. Entergy Services, Inc., Respondent ", * *,, " ) ) ) ) ) ) ) ", * *,, " 5 5 File No. PA 97006 5R, * *,,. 4gp * *,,Rԯ  Si 'm ORDER   S 'ԇ" \ Adopted: April 16, 1999 hhChhhh " , * *,,d " " , * *,,d "  S ' Released: April 21, 1999 R , * *,,d .  d * *,,Rԯ By the Chief, Cable Services Bureau:   S7'A I. INTRODUCTION ă  S' e ~ a1Order1.` ` In this Order we consider a complaint ("Complaint") filed by Cable Texas, Inc. ("CTX"),  S' xpursuant to Section 224 of the Communications Act of 1934, as amended, ("Act")<X yO'ԍ 47 U.S.C. 224.< and Part 1, Subpart  Sk' xJ of the Commission's Rules,LkXX yOc'ԍ 47 C.F.R. 1.1400 1.1418.L against Entergy Services, Inc. ("Entergy"). Pursuant to Section 224, the  x3Commission adjudicates disputes between utilities and cable operators concerning allegedly unjust and  xunreasonable pole attachment rates, terms, and conditions. In its Complaint, CTX requests that we declare  xthat Entergy's application of the field count provision of the pole attachment agreement between the  xparties renders that provision an unjust and unreasonable term or condition. CTX requests that we order  xka refund of the amount paid for the field count conducted by Entergy. CTX also requests other relief that  xthe Commission deems just, reasonable, and proper. Lastly, CTX requests that we grant it payment of  xits costs and attorneys' fees in prosecuting this action. We will set a just and reasonable fee for the field  xcount conducted by Entergy and order a refund of the amount paid in excess of that fee. We deny the request for payment of costs and attorneys' fees.  S:' e  a1Order2.` ` The Complaint was filed on July 9, 1997. Entergy moved for an extension of time and  xfiled its response ("Answer") on August 22, 1997. CTX filed a reply ("Reply") on September 11, 1997.  S' xThe record is replete with additional unauthorized filings. X yO\"' x ԍ On October 14, 1997, Entergy filed a motion for leave to file an amended response ("Amended Answer"), a  x motion to strike portions of the Reply, and a motion for a settlement meeting. On October 23, 1997, CTX filed a  x consolidated opposition ("Consolidated Opposition") to Entergy's motions and on November 4, 1997, Entergy filed a reply to the Consolidated Opposition. The Commission's Rules allow for a response  S' xto a complaint and a reply to that response.BX yO''ԍ 47 C.F.R. 1.1407(a).B "[N]o other filings and no motions other than for extension"` , * *,,"  S' xof time will be considered unless authorized by the Commission."3 {Oh'ԍ  Id.3 The Commission may resolve the complaint based upon the  x<filings, it may meet with the parties to clarify issues, and it may, at its discretion, order evidentiary  Sg' xproceedings.?gZ yOa'ԍ 47 C.F.R. 1.1411.? To the extent the filings provide useful factual information which should have been provided with the original, prescribed filings, we will include the factual information in the record.  S' e  a1Order3.` ` The Commission may also request additional filings or more information.B yOX 'ԍ 47 C.F.R. 1.1409(a).B On June 2,  S' xk1998, the Commission issued a request to Entergy, pursuant to 1.1409(a) of the Commission's Rules,Bz yO 'ԍ 47 C.F.R. 1.1409(a).B for  xZadditional information ("Request"). Entergy was given 30 days to provide the further information and,  xtwith the agreement of CTX, an extension until July 9, 1998. Entergy submitted an incomplete reply to  xthe Commission's request on July 9, 1998 ("Submission") and a further reply, consisting solely of maps,  xto the Commission's request on July 23, 1998 ("Maps"). CTX submitted their response to the Maps by  x*letter dated July 31, 1998. Any additional filings after Entergy's final response to our Request and CTX's July 31, 1998 response will be stricken from the record.  S ' e  a1Order4.` ` The Commission requested, by letter dated August 10, 1998, that Entergy suggest a  xymeeting date before August 21, 1998, "in order to clear up the remaining details and resolve this  xcomplaint." By letter dated August 20, 1998, Entergy declined to meet with the Commission and  xxrequested a hearing. CTX opposed the hearing on August 24, 1998, and requested an immediate decision.  S7' xThe pole attachment complaint procedures are designed to ensure a simple and expeditious process. 7  {O' xD ԍ  See First Report and Order, CC Docket 78144, Adoption of the Rules for the Regulation of Cable Television Pole Attachments, 68 F.C.C. 2d 1585, para. 36 (1978).  xWhether to hold a hearing on any issue related to a complaint is solely at the discretion of the  S' xCommission.? d  yO'ԍ 47 C.F.R. 1.1411.? The Commission may "so conduct its proceedings as will best conduce to the proper  S' xdispatch of business and the ends of justice."?   yO2'ԍ 47 C.F.R. 1.1415.? We have before us sufficient information upon which to base our decision and will not hold a hearing in this proceeding.  S'C II. BACKGROUND ă  S' e  a1Order5.` ` CTX and Entergy have a pole attachment agreement ("Agreement") with an effective date  Sl' xof February 1, 1992. l  yO$' x ԍ The agreement was originally executed between CTX and Gulf States Utilities ("GSU"). GSU was acquired by Entergy in 1995. The Agreement provides for a field count to be made of the poles to which CTX"l ,l(l(,,("  S' x*has made attachments ("Pole Survey").D  yOh'ԍ Agreement at clause 3.04A.D The Pole Survey is to be made at the discretion of Entergy "for the purpose of  S' xcomputation of the correct rental fees due."3X {O'ԍ Id.3 CTX is to reimburse the costs of the Pole Survey.3 {O$'ԍ Id.3 The  xAgreement also specifies that no attachments will be made to Entergy's poles without written permission  S4' xtfrom Entergy.D4| {OP 'ԍ Id. at clause 3.01A.D Clause 3.03C, entitled "Field Counts and Unreported Contacts," specifies at paragraph  x(c) that, should there be unreported attachments, rental for these attachments will be calculated from the  xlast field count and a charge of $25 for each unauthorized attachment will be levied as a "reasonable administrative charge."  S5' e W a1Order6.` ` A Pole Survey was conducted by Entergy from the end of May through August of 1996  x("1996 Count"). From the Pole Survey, Entergy determined that CTX was attached to 8,930 poles.  xEntergy sent an invoice to CTX requesting payment for "two contractors to field inspect" in the amount  xof $31,046 on October 22, 1996. By letter of November 21, 1996, CTX protested the amount. On  x*February 14, 1997, CTX paid the amount of the invoice, which included the disputed amount. The letter  xaccompanying CTX's payment states that the amount is still in dispute and recites that payment is being  xmade in response to representations by Entergy that it would process no further applications for attachment until the invoice was paid.   Sj' e  a1Order7.` `  In the Request, we asked Entergy to provide information from which to determine the  xnature and purpose of the work done by the contractors, for which CTX was billed. We were advised that  xthe contractors had been employees of Wink Engineering, a contractor that was providing a number of  xgeneral engineering and related services to Entergy at the time and are now employees of Entergy. We  x}were told that the instructions to the contractors were oral and there was no contract, guidance, or  x&statement of work provided to the contractors. A declaration from Ms. Carma Boyd, an employee of  S8' xEntergy, includes a copy of the invoice of the contractor for the 1996 Count ("Invoice").\8 yO'ԍ Declaration of Carma Boyd, attached to Submission.\ The Invoice  x3indicates a total of 548 hours plus mileage. CTX submitted a document identical to the one submitted  xby Ms. Boyd except that it included the number of hours multiplied by 2 contractors at $26.80 per hour  S'plus $2,745.30 in mileage for a total Invoice amount of $32,118.10.  yO' x ԍ The Commission also received from Entergy numerous documents identified in the cover letter as having  x "Bates stamp numbers 1000 through 1086." We were informed in this letter that Wink Engineering performed a  xx number of engineering matters for Entergy and periodically would send an invoice. These projects were assigned  x differing accounting numbers. The bulk of the "Bates stamped" documents submitted by Entergy consist of eight  x forms, each labelled "NonPurchase Order Payment Request Form" and bearing the Entergy logo and each with  x. attachments. The attachments consist of a twopage document, which bears the Entergy logo and is labelled "Non x PO Payment Request System," and an invoice from Wink Engineering. Accompanying the invoice from Wink  x Engineering are a set of forms, a time sheet and expense report, for each of two employees: Richard Riggs and Billy  x Mitchell. We were informed that Entergy employees use these payment request forms to prepare a listing and  x calculation, or worksheet, similar to the Invoice and that the calculation appearing on the version of the Invoice in"&,l(l(&"  x the records of CTX's counsel was placed there after the worksheet had been prepared in order to assist CTX's counsel to understand the basis of the charges. " ,l(l(,,$"Ԍ S' e ԙ a1Order8.` ` In our Request, we asked for the work product delivered as a result of the work and any  xreport or documentation on which the charges are based. Entergy indicates that the work product provided  xMby the contractor that performed the 1996 Count is the Maps delivered to the Commission on July 23,  Sg' x1998.g  yO'' x ԍ The Maps are a collection of sets of maps, one set for each "Feeder," which is apparently a portion of  x^ Entergy's distribution system. Each set has an overall map, not drawn to scale, and a number of maps drawn to a  x scale of 1" = 600' with each map identified as a "Sheet." The maps identified as "Sheets" represent a portion of the  x overall map. Some sheets, 66 of 158, have on them red circles which each have an "X" in the middle and a mark  x7 of yellow. The corner of the sheets containing the red markings have a number on them in yellow, usually in the upper right corner. The number matches the number of red circles on the sheet. The letter accompanying these maps indicates that they are copies of the maps made during the  xsurvey for the 1996 Count. CTX asserts that these maps are not copies of the ones previously reviewed  xgby CTX in response to the Pole Survey and that the maps previously reviewed at Entergy's field office  xI"were brand new renderings of distribution facilities in our service area complete with colorcoded  S' xschematics of every attachment, on every pole in CTX's service area." yO'ԍ Declaration of Scott Nieland, July 30, 1998, at para. 2, attached to CTX's July 31, 1998 letter. It is not necessary to a resolution  xof this matter to determine which maps were presented to CTX. We will accept for the purpose of proceeding on this Complaint that the Maps are the work product of the 1996 Count.  S'F III. DISCUSSION Đ\  Si ' e  a1Order9.` ` The main issue is whether the amount billed to CTX for the 1996 Count is excessive. To  xresolve this issue requires consideration of 1) whether the field count was solely related to cable  xtattachments or contained an element of benefit to Entergy and 2) if the project was solely a field count  xof pole attachments, what is a reasonable cost for such a survey. A related issue is whether the Entergy  ximproperly used the threat of imposition of unauthorized attachment fees in exacting payment of the disputed amount.  S' e  a1Order 10.` ` For each new pole attachment, CTX files an application with Entergy indicating the  xnumber of poles involved and the general vicinity of the installation, along with a sketch showing the  S' x*location.(  yOf' x ԍ CTX asserts that its records and the records of Entergy's local office in Beaumont show that CTX is attached to 4,458 poles. Complaint at Exhibit 4. Periodically, Entergy performs a Pole Survey to verify the total number of pole attachments.  yO' x ԍ The agreement specifies that the practice is to do these counts every three years, but they may be done more often. Agreement at clause 3.03C.b.  xThe most recent Pole Survey prior to the one at issue in the Complaint was the 1992 Count, invoiced on  x*November 20, 1992. At that time CTX was found to be attached to 6,305 poles. In January 1994, CTX"8,l(l(,,"  S' xwas billed for attachments to 6,369 poles.j yOh'ԍ Declaration of Scott Nieland at para. 23, attached to Complaint.j Based on an October 22, 1996 invoice, CTX paid for  S'attachment to 6,992 poles in 1996.VXX yO' x^ ԍ The invoice shows a credit for $25,521 posted February 29, 1996 at a rate of $3.65 per attachment, indicating  x payment for 6,992 poles in 1996. This is confirmed by number of alleged unreported attachments, given as 1,938  yOU'(8,930 1,938 = 6,992).V  Sg' e  a1Order 11.` ` Based on the 1996 Count, Entergy asserts that CTX is attached to 8,930 polesAgx yO 'ԍ Complaint at Exhibit 2.A belonging  xQto Entergy and that, of these attachments, 1,938 are unreported. The Maps submitted to the Commission  xDas the work product of the 1996 Count, however, show that CTX is attached to 6,422 poles belonging to  S' xEntergy. A comparison of the Maps to the 1992 CountQ {Ov 'ԍ See the Appendix attached hereto.Q shows a difference only for Feeder 79..X yO' x ԍ There is one other minor discrepancy which does not affect the total number of attachments. The 1992 Count  x shows 20 poles with attachments on Sheet 1 and none on Sheet 2. The 1996 Count shows none on Sheet 1 and 20 on Sheet 2.. The  x1996 Count shows 112 poles with attachments on Sheet 4, and 5 poles with attachments on Sheet 7 for  Sh' xFeeder 79; the 1992 Count does not include these Sheets as having poles with attachments.KXh  yO' x ԍ We note that the 1992 Count showed CTX with 6,305 attachments and that in 1994 CTX was billed for  x. attachments to 6,369 attachments (64 more than 1992). It would be consistent with that growth rate for CTX to have added 53 attachments between 1994 and 1996.K This raises serious questions about the credibility of the circumstances surrounding the 1996 Count.  S' e  a1Order 12.` `  The 1992 Count was conducted by Charles A. Green, Inc. Mr. Green made the count  S ' xand supplied his own transportation.  yO'ԍ Reply Declaration of Scott Nieland. Declaration of Floyd Fortenberry, Amended Answer at Exhibit 1. He collected an amount equal to $1.25 multiplied by the number  Si ' xof poles to which CTX's cable was attached.=i j yOs'ԍ Reply at Exhibit 3.= The 1996 Count was contracted to Wink Engineering, with  x&the explanation that Entergy had a blanket contract with Wink Engineering for all types of engineering  S ' xwork.  yO' xk ԍ Declaration of Floyd Fortenberry, Amended Answer at Exhibit 1; Declaration of Floyd Fortenberry, Motion to Strike at Exhibit1. The cost of the 1996 Count is based on the hourly rate of two employees of Wink Engineering  S ' xplus travel costs. Entergy describes both employees as engineers.7 R yO"'ԍ Answer at 12.7 Entergy stated that all instructions  xwere oral and that the employees were required to "ride out the entire area, identify the poles owned by  Sj' xEntergy to which CTX had attached, and report those attachments to Entergy."[!j {O%'ԍ See Entergy's response to our Request at 2.[ Entergy offers no  xexplanation why an engineer is required to identify that a cable is attached to a pole and make a notation  xon a map. Entergy certainly offers no explanation why the second employee would also have be an"t!,l(l(,,"  S' xtengineer when the primary function of the second person is to drive the vehicle.A" yOh'ԍ Amended Answer at n. 8.A Entergy does assert  S'that the participation of the second person arises from safety concerns and is an industry practice.3#X {O'ԍ  Id.3  Sg' e i a1Order 13.` ` The cost of an inspection of pole attachments should be borne solely by the cable  xcompany, if and only if, cable attachments are the sole ones inspected and there is nothing in the  S' xinspection to benefit the utility or other attachers to the pole.}$ yO 'ԍ Newport News Cablevision, Ltd. v. Virginia Power, 7 FCC Rcd 2610 at para. 8 (1992).} NEWPORT  A fourfold increase in the cost of the pole  xxcount is presented by CTX as an indication that work was done during the pole count that was not related  S' xto the cable attachments.P%z yO 'ԍ CTX paid $7,881.25 for the 1992 Count.P CTX asserts that extra effort in performing the 1996 Count may have been  xrequired to produce a set of new, colorcoded distribution maps with every attachment on every pole in  S5' xCTX's service area identified on the maps.&5  yO' xZ ԍ These are the maps Mr. Nieland asserts were presented to him when he reviewed the results of the 1996 Count. Entergy insists that the Maps submitted to the Commission  xin response to our request are the only maps it possesses that indicate attachments to poles. As previously stated, we accept the Maps submitted by Entergy as the work product of the field count.  Si ' e   a1Order 14.` `  The practices of Entergy in implementing the terms and conditions of the agreement with  S6 ' x CTX must be just and reasonable.i'6 b  {O8'ԍ Newport News, supra note NEWPORT34, at para. 4.i Entergy cannot engage a contractor to perform a pole count and  x<disregard the cost because CTX is responsible for paying it. Though we do not expect Entergy to  xnegotiate the lowest possible fee, the work should be done at a competitive rate in consonance with the  xwork to be done. Entergy has filed to show why, four years after the 1992 Count, it cost four times as much to cover the same plant and count 117 more poles, an increase of less than two percent.  S' e 0 a1Order15.` `  CTX has proposed that a reasonable rate is $0.85 per pole and has offered a copy of a  xletter from another Texas utility to a cable system giving that as the rate for a pole count. The letter,  xhowever, also mentions that the cable system will supply a second employee and transportation. The letter  x*includes a $0.13 per pole data processing fee. The total cost would be $0.98 per pole plus transportation  xDand provision of an additional employee. CTX asserts, in the Reply, that it has obtained information from  xunspecified sources that the other Texas utility has also conducted pole counts for the same rate without  S' xthe cable system having supplied transportation and a second employee.5(  yOf!'ԍ Reply at 9.5 CTX also asserts that the 13  xcharge is an administrative cost for maintaining the utility's database and should not be charged to the  xcable system. The letter, however, specifies that a diskette will be provided to the cable system as a result  xIof the survey. The amount of $0.85 per pole suggested by CTX as the appropriate rate per pole is  xgunsubstantiated. There is nothing to show that anyone actually paid that rate. The only information in  xthe record shows that the rate was offered as $0.98 per pole when the cable system provided transportation and an additional employee. "m (,l(l(,,+"Ԍ S' e z a1Order16.` ` Furthermore, we have a record which establishes a competitive rate. Mr. Green was  xemployed to perform the work before and, according to Mr. Fortenberry, would have been employed again  xhad Mr. Fortenberry not been instructed to use Wink Engineering. Any difference between the cost for  xMr. Green's services and those of Wink Engineering for this project must be attributed to benefits to  xEntergy for using a contractor with whom it had a continuing relationship and to Entergy's disregard for  xkthe reasonableness of the cost of the pole count. As it is the practice that costs are calculated based upon  x7the number of poles which are found to have attachments, we will determine the just and reasonable cost  xlbased upon the rate from the 1992 Count of $1.25 per pole, adjusted for inflation. The just and  Sh'reasonable cost for the 1996 Count is $1.40)h yO' x ԍ The average Consumer Price Index (CPI) for 1992 was 140.3. The CPI for 1996 was 156.9. We calculate 156.9 divided by 140.3 multiplied by $1.25 equals $1.40. multiplied by 6,422 for a total of $8,990.00.  S' e  a1Order17.` ` CTX has asked us to declare that there is no basis for Entergy to assess fees for  S' xunauthorized attachments.6*  yO 'ԍ Reply at 16.6 There is truly no basis for such fees as there are no unauthorized  S ' xattachments.+  yO' x* ԍ We make no determination regarding whether the unauthorized attachment fee in the agreement is just and reasonable, or whether any such provision in any agreement is just and reasonable. CTX paid fees for 6,992 attachments in 1996; whereas, the 1996 Count shows CTX is  xattached to only 6,422 poles. The number of poles used by Entergy to determine the annual rent due it  S6 'by CTX is inaccurate based upon Entergy's count.,6  yO' x ԍ Apparently CTX was overcharged $2080.50 (570 X $3.65) in 1996. CTX may have also been overcharged  x in 1995"we do not know to how many poles CTX was billed for attachment in 1995. Further, CTX may also have  xH been overcharged in 1997 and 1998, as Entergy presumably based the billing on the erroneous number from the 1996  xU Count. We note there is no provision in the agreement for penalties for billing for poles which have no attachments.  x Overcharges by Entergy of the annual pole attachment fee resulting from use of the incorrect number for the 1996  x Count do not result from an unjust or unreasonable rate, term, or condition. Any refund of overcharges of the pole  x* attachment fee for the years 1995 through 1998 must be obtained by CTX through an action on the agreement in State court.   S 'D IV. CONCLUSION Đ\  Sj' e  a1Order18.` ` CTX has requested a refund of the cost of the 1996 Count, which it paid on February14,  S7' x1997. The Complaint was filed on July9,1997. Section 1.1410 (c) of the Commission's RulesB-7 yOw 'ԍ 47 C.F.R. 1.1410(c).B provides  S' xfor refunds which it specifies are normally the difference between the amount paid and "the amount that  xQwould have been paid under the rate, term, or condition established by the Commission from the date that  xkthe complaint, as acceptable, was filed plus interest." Section 1.1415 of the Commission's Rules provides  Sl'that we may "issue other orders . . . as will best conduce to . . . the ends of justice."?.l0 yO<%'ԍ 47 C.F.R. 1.1415.?  S' e 9 a1Order19.` ` CTX paid the fee assessed for the 1996 Count under protest in the face of Entergy's  xrefusal to process applications for further attachments. The filing of the Complaint was delayed because".,l(l(,,{"  S' x^CTX observed our preference for negotiated settlement of disputes.2/Z {Oh' xD ԍ  See Report and Order, Implementation of Section 703(e) of the Telecommunications Act of 1996, CS Docket  x No. 97151, Amendment of the Commission's Rules and Policies Governing Pole Attachments, 13 FCC Rcd 6777, para. 10 (1998).2 The fee is not a recurring one. We  xfind that this is not the normal situation anticipated in the Section 1.1410(c). For that reason and for  xVreasons of justice, we will order the refund to CTX of the difference between the amount we have  xMdetermined is reasonable for the 1996 Count and the amount it paid, plus interest. CTX is entitled to a  xkrefund of all sums paid in excess of $8,990.00 for the pole count conducted by Wink Engineering in 1996  S'at the request of Entergy plus interest.0B yO ' x. ԍ The Commission has determined previously that the current interest rate for Federal tax refunds and additional  {OS ' xI tax payments is the appropriate rate of interest on the overcharges. See Teleprompter of Fairmont, Inc. v.  x Chesapeake and Potomac Telephone Co. of West Virginia, 79 F.C.C. 2d232, para. 24 (1980), recon. 85 F.C.C. 2d  xx 243 (1981). We take official notice that the Commissioner of Internal Revenue has set a daily compounded rate of  x3 8 percent per annum from January 1, 1995, to March 31, 1995; 9 percent per annum from April 1, 1995, to June  x 30, 1995; 8 percent per annum from October 1, 1995, to March 31, 1996; 7 percent per annum from April 1, 1996,  xM to June 30, 1996; 8 percent per annum from July 1, 1996, to March 31, 1998; and 7 percent per annum effective April 1, 1998, through December 31, 1998. Rev. Rul. 9846, 199839 I.R.B. 10.  S' e  a1Order20.` ` CTX requests that we grant payment of its costs and attorneys' fees. In pole attachment  Sh' xproceedings, the Commission does not have the authority to grant costs and attorney's fees.1Zh  yO' x^ ԍ Multimedia Cablevision, Inc., v. Southwestern Bell Telephone Company,11 FCC Rcd 11202, para. 16 (1996);  {O' x Newport News Cablevision, Ltd v. Virginia Electric Power Co., 7 FCC Rcd 2610, para. 19 (1992); See Comark Cable Fund III v. Northwestern Indiana Telephone Co., 100 FCC 2d 1244, 1257, n. 51 (1985). The request will be denied.  S'- V. ORDERING CLAUSES ă  Si ' e  a1Order21.` ` Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.14011.1413 of the  xCommission's Rules, 47 C.F.R. 0.321 and 1.14011.1413, that the relief requested by CableTexas,Inc., IS GRANTED to the extent indicated above.  S ' e S a1Order22.` ` IT IS FURTHER ORDERED, pursuant to Sections 0.321, 1.1410, and 1.1415 of the  xkCommission's Rules and Section 224(b)(1) of the Communications Act of 1934, as amended, that the just  xand reasonable cost for the field count of poles to which Cable Texas, Inc., was attached in 1996 IS DETERMINED TO BE $8,990.00.  S' e 0 a1Order23.` ` IT IS FURTHER ORDERED, pursuant to Sections 0.321, 1.1410(c), and 1.1415 of the  xCommission's Rules and Section 224(b)(1) of the Communications Act of 1934, as amended, that Entergy  xServices, Inc., SHALL REFUND, within thirty (30) days of release of this Order, to Cable Texas, Inc.,  x&excess payments made in the amount of TWENTYTWO THOUSAND AND FIFTYSIX DOLLARS  x($22,056.00) plus interest to the date of refund. These excess payments for which a refund is ordered  x7consist of the difference between the payments made under protest for the field count completed in 1996 ($31,046.00) and the reasonable cost calculated by the Commission ($8,990.00).  S' e S a1Order24.` ` IT IS FURTHER ORDERED, pursuant to Sections 0.321, 1.1410, and 1.1415 of the  x7Commission's Rules and Section 224(b)(1) of the Communications Act of 1934, as amended, the request"1,l(l(,,d"  xof Cable Texas, Inc., for payment of its attorneys' fees and other costs incurred by it in this proceeding IS DENIED.  Sg' e   a1Order25.` ` IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 1.1415 of the Commission's  xRules and Section 224(b)(1) of the Communications Act of 1934, as amended, that Entergy Services, Inc.,  xand Cable Texas, Inc., SHALL AGREE ON AND ESTABLISH the number of poles belonging to Entergy  xServices, Inc., to which Cable Texas, Inc., will be considered attached as reported contacts for the year  xD1999. Such number will be used to calculate the payments to be made by Cable Texas, Inc., for the year 1999 and will be the basis for such calculations in future years. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqDeborah A. Lathen ` `  hhCqChief, Cable Services Bureau    " 1,l(l(,, " dkAppendix c ddx!( VUc    ""  S'Feeder No.~ Sheet No. t Revision Datej]1996 Count@N1992 Count@ Difference ""  2) r!( VUA(u VU.r U   "E" 61E E@@5/8/91E230E230EE~0"U  u" "E" e 1210/16/87283`83I0e 2@@5/8/91104104I0|e 3|912/2/86|243|`43|I0S SdSSSP ^ rA(u VU.a(D VU.r U  ^ "E" 62 E  E@@2/7/92 E130 E130 EE~0"U  D" "E"  e 1 210/21/91 264 `64 I0 t e 2t @@1/8/92t 266t `66t I0 K e 3K 99/30/88K 0K K I0V " e 4" @@4/4/88" 0" " I0-  e 5 912/5/86 0  I0 e 6912/5/860I0 e 7@@2/7/920I0~e 8~93/24/92~0~~I0Ue 9U912/5/86U0UUI0`, 10,912/5/86,0,,I07 11912/5/860I0 12912/5/860I0 dP   ra(D VU.( VU.r U   "E" 63E E91/19/90E349E349EE~0"U  " "E" e 1210/16/87237237I0e 2911/5/91211`11I0e 396/14/90215`15I0e 493/24/92233`33I0We 5W912/8/86W253W`53WI0b.e 6.912/8/86.0..I09e 7912/8/860I0 dP " 1,l(l(,,|" r( VU.( VU.r  "" @ S('Feeder No.@~ Sheet No.@ t Revision Date@ S('kc1996 Count@d1992 Count@ Difference S' 2+* r( VU.( VU.r U   "E" 71E E99/28/90E518E518EE~0"U  " "E" e 199/28/90267`67I0e 2@@3/8/91245245I0e 398/27/92146146I0e 499/28/9055I0re 5r98/27/92r220r`20rI0}Ie 6I99/28/90I235I`35II0T e 7 91/24/91 0  I0+ e 8 99/28/90 0  I0  e 9 99/28/90 0  I0   10 99/28/90 0  I0 |  11| 99/28/90| 0| | I0 S  12S 99/28/90S 0S S I0^ * 13*99/28/90*0**I05  1499/28/900I0  1599/28/900I0 1699/28/900I0 1799/28/900I0] 18]99/28/90]0]]I0h4 4d444P ? r( VU.(% VU.r U  ? "E" 72zE zE@@6/1/91zE338zE338zEE~0"U  %" "E" oe 1o212/11/86o216o`16oI0zUe 2U@@6/1/92U109U109UI0`,e 3,92/26/91,238,`38,I07e 4212/11/86218`18I0e 5@@3/1/91253`53I0e 6212/11/86273`73I0e 7212/11/86231`31I0_ _d___P j r(% VU.(P VU.r U  j "E" 76E E91/23/90E523E523EE~0"U  P" "E" e 1912/3/86243`43I0e 292/24/88214214I0We 3W912/3/86W0WWI0b. e 4. 912/3/86. 215. `15. I09!e 5!@@5/8/89!266!`66!I0 !e 6!93/24/92!185!185!I0 "e 7"912/3/86"0""I0!# #d###P ""{# 1,l(l(,,'&" r(P VU.!( VU.r " "" @Feeder No.@~ Sheet No.@ t Revision Date@kc1996 Count@d1992 Count@ Difference S' 2+* r!( VU.A( VU.r U   "E" 77E E@@2/3/92E727E727EE~0"U  " "E" e 1@@6/1/88210`10I0e 291/21/87341341I0e 3@@5/1/92221221I0e 4@@6/1/880I0re 5r912/3/87r0rrI0}Ie 6I97/27/90I155I155II0T e 7 91/21/87 0  I0+ e 8 96/30/89 0  I0  e 9 91/21/87 0  I0   10 99/30/88 0  I0 |  11| 95/17/88| 0| | I0 S  12S 91/21/87S 0S S I0^ * 13*91/21/87*0**I05  dP   rA( VU.a( VU.r U    "E" 78GE GE@@5/8/91GE214GE214GEE~0"U  " "E" <e 1<91/26/87<179<179<I0G"e 2"97/11/89"0""I0-e 391/26/8766I0e 4@@5/8/91215`15I0e 5912/4/87214`14I0~ ~d~~~P  ra( VU.(o VU.r U   "E" 79E E@@2/3/92E219E102E7117"U  o" "E" e 1212/15/860`20=-20e 2212/15/86220BR20ve 3v212/18/86v233v`33vI0Me 4M911/5/91M112MM;112X$e 5$212/18/86$223$`23$I0/e 691/29/91226`26I0e 7212/23/865I5e 8@@8/4/920I0e 998/26/920I0W 10W212/31/86W0WWI0b.  11. 93/24/92. 0. . I09! 12!95/28/87!0!!I0 ! 13!212/31/86!0!!I0 " "d"""P !"" 1,l(l(,,&%" r(o VU.( VU.r ! "" @Feeder No.@~ Sheet No.@ t Revision Date@kc1996 Count@d1992 Count@ Difference S' 2+* r( VU.( VU.r U   "E" L432E EdE182E182EE~0"U  " "E" e 193/24/920I0e 2@@4/8/810I0e 397/14/810I0e 499/19/910I0re 5r@@4/8/81r0rrI0}Ie 6I912/3/90I0III0T e 7 99/27/90 0  I0+ e 8 94/13/81 228 `28 I0  e 9 94/13/81 0  I0   10 94/20/81 0  I0 |  11| 94/20/81| 0| | I0 S  12S 93/24/92S 118S 118S I0^ * 13*94/13/81*236*`36*I05  14@@9/6/900I0  dP  r( VU.( VU.r U   "E" 154E E95/29/92Ez1168E1168EE~0"U  " "E" e 1210/31/910I0e 299/19/900I0e 399/19/900I0e 499/19/900I0~e 5~99/19/90~0~~I0Ue 6U97/15/91U0UUI0`,e 7,@@2/7/92,0,,I07e 8@@2/7/920I0e 999/19/900I0 1099/19/900I0 1199/19/900I0_ 12_99/19/90_0__I0j6 13699/19/906066I0A  14 @@5/1/92 0  I0 1599/19/900I0 1699/19/900I0 1797/15/910I0i  18i 98/26/92i 294i `94i I0t@! 19@!94/20/92@!275@!275@!I0K " 20"99/19/90"275"`75"I0"!" 21"@@2/7/92"0""I0!# 22#97/15/91#0##I0"$ 23$@@2/7/92$341$341$I0#s% 24s%@@2/6/92s%281s%`81s%I0~$J& 25J&92/18/92J&298J&`98J&I0U%!' 26!'@@2/6/92!'204!'204!'I0,&' 'd'''P "+' 1,l(l(,,'"' r( VU.(VU.r ' "" @Feeder No.@~ Sheet No.@ t Revision Date@kc1996 Count@d1992 Count@ Difference@@ @2@@@+* r(VU.!(VU.r U   "E" 17E E211/26/91E583E583EE~0"U  " "E" e 1@@3/4/91161161I0e 2211/26/91122122I0e 3211/26/91225225I0e 492/13/91229`29I0re 5r211/26/91r6r6rI0}Ie 6I92/16/92I214I`14II0T e 7 211/26/91 226 `26 I0+   d   P   r!(VU.A( VU.r U    "E" 18= E = E92/20/92= E263= E263= EE~0"U   " "E" 2 e 12 93/24/922 2822 `822 I0=  e 2 92/18/92 181 181 I0#  e 3 95/12/89 0  I0  dP   rA( VU.a(VU.r U    "E" 51 E  E91/29/90 E0 E0 EE~0"U  " "E" e 1@@4/4/900I0 e 297/12/890I0e 393/13/890I0e 493/13/890I0le 5l93/13/89l0llI0wC CdCCCP N ra(VU.(4VU.r U  N "E" 52E E99/18/91E0E0EE~0"U  4" "E" ~e 1~99/18/91~0~~I0de 2d91/29/91d0ddI0o;e 3;211/16/89;0;;I0Fe 4211/16/890I0 dP  r(4VU.(VU.r U   "E" 56/E /E91/26/90/E328/E328/EE~0"U  " "E" $e 1$93/29/89$205$205$I0/ e 2 93/29/89 0  I0e 393/29/890I0e 493/29/890I0 e 5 210/27/89 0  I0f!e 6f!93/24/92f!277f!`77f!I0q ="e 7="93/29/89="0="="I0H!#e 8#92/18/92#246#`46#I0"# #d###P  ""#1,l(l(,,''0&" r(VU.(VU.r " "" @Feeder No.@~ Sheet No.@ t Revision Date@kc1996 Count@d1992 Count@ Difference S' 2+* r(VU.(VU.r U   "E" 57E E@@3/8/91E650E650EE~0"U  " "E" e 198/15/91119119I0e 298/27/92338338I0e 393/24/92187187I0e 492/26/9166I0re 5r210/15/79r0rrI0}Ie 6I95/12/79I0III0T   d   P +Grand Total   d z6422 6305 ;117