**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) | CUID No. M00260 (Anderson)   |
|                                  |   |                              |
| Mediacom Southeast LLC           | ) |                              |
|                                  |   |                              |
| Small System Filing to Support   | ) |                              |
|                                  |   |                              |
| Cable Programming Services Tier  | ) |                              |
| Rates                            |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

ORDER

**Adopted: March 14, 2002** **Released: March 20, 2002**

By the Deputy Chief, Cable Services Bureau:

1\. In this Order we consider a complaint filed with the Federal
Communications Commission (\"Commission\") on January 22, 1996, against
the rate charged by the above-referenced operator (\"Operator\")[^1] for
its cable programming services tier (\"CPST\") in the community
referenced above. In response to the complaint, Operator filed FCC Form
1230, seeking to justify its CPST rates through the simplified small
system cost of service procedures pursuant to the *Small Systems
Order*.[^2] In this Order, we grant Operator\'s request for small system
relief and find Operator\'s CPST rates to be reasonable, effective
January 22, 1996.

2\. In an effort to offer small cable companies administrative relief
from rate regulation, the Commission introduced a simplified form of
small system rate relief in the Small Systems Order. Operators
attempting to justify their rates through small system relief must file
FCC Form 1230.[^3] FCC Form 1230 requires that Operator\'s Selected Per
Subscriber Monthly Programming Rate Per Channel (FCC Form 1230, Line
A11) not exceed its per Subscriber, Per Channel Monthly Programming
Costs (FCC Form 1230, Line A6).[^4] If the maximum permitted rate for
bundled programming and equipment costs (FCC Form 1230, Line A10) does
not exceed \$1.24 per channel, the rate shall be presumed
reasonable.[^5] Cable systems serving 15,000 or fewer subscribers, and
owned by a company having 400,000 or fewer subscribers, may elect to use
the FCC Form 1230 in lieu of other Commission rate processes.[^6]

3\. Operator asserts that it meets the Commission\'s requirements to
file the FCC Form 1230.[^7] Operator serves fewer than 400,000
subscribers in total and fewer than 15,000 in the referenced community.
We have previously found that Operator qualifies for small system
relief.[^8] Upon review of Operator\'s FCC Form 1230, we find
Operator\'s actual CPST rate to be reasonable, effective January 22,
1996.[^9]

4\. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission\'s rules, 47 C.F.R. § 0.321, that the referenced complaint IS
DENIED.

FEDERAL COMMUNICATIONS COMMISSION

William H. Johnson

Deputy Chief

Cable Services Bureau

[^1]: The term \"Operator\" as used in this Order includes Operator\'s
    predecessors and successors in interest.

[^2]: Implementation of Sections of the Cable Television Consumer
    Protection and Competition Act of 1992: Rate Regulation; Sixth
    Report and Order and Eleventh Order on Reconsideration, MM Docket
    Nos. 92-266 and 93-215, FCC 95- 196, 10 FCC Rcd 7393 (1995).

[^3]: The FCC Form 1230 is a one‑page form \"on which the system inserts
    its expense, rate base, rate return, channel count and subscriber
    count figures and then calculates its permitted rate.\" Small
    Systems Order at ¶ 64.

[^4]: *See* Instructions for FCC Form 1230, Line A 11, page 3*.*

[^5]: *See* 47 C.F.R. Section 76.934(h) (1996).

[^6]: Small Systems Order at ¶ 75.

[^7]: *See* Letter dated October 15, 1999 from Regina Famiglietti Pace,
    Counsel for Mediacom Southeast LLC.

[^8]: *See* In the Matter of Mediacom Southeast LLC, DA 98-1701, 13 FCC
    Rcd 18428 (1998).

[^9]: These findings are based solely on the representations of the
    operator. Should information come to our attention that these
    representations were materially inaccurate, we reserve the right to
    take appropriate action. This Order is not to be construed as a
    finding that we have accepted as correct any specific entry,
    explanation or argument made by any party to this proceeding not
    specifically addressed herein.