**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) CUID No. SC0141 (Mt. Pleasant)

Comcast Cablevision of Carolina, Inc. )

)

Petition for Reconsideration )

**ORDER ON RECONSIDERATION**

**Adopted: October 19, 2000 Released: October 23, 2000**

By the Deputy Chief, Cable Services Bureau:

1\. In this Order we consider a petition for reconsideration
(\"Petition\") of our Order, DA 98-1753 (\"Prior Order\"),[^1] filed
with the Federal Communications Commission (\"Commission\") by the
above-referenced operator (\"Operator\"). Our Prior Order resolved all
pending complaints against Operator\'s cable programming services tier
(\"CPST\") rates. On October 5, 1998, Operator filed a timely petition
for reconsideration of our Prior Order as well as a refund plan. In this
Order, we modify our Prior Order and dismiss Operator's petition and
refund plan as moot.

2\. Under the Communications Act, the Commission is authorized to review
the CPST rates of cable systems not subject to effective competition to
ensure that rates charged are not unreasonable.[^2] The Cable Television
Consumer Protection and Competition Act of 1992 (\"1992 Cable
Act\"),[^3] and our rules in effect at the time the complaints were
filed, required the Commission to review CPST rates upon the filing of a
valid complaint by a subscriber or local franchising authority. The
filing of a valid complaint triggers an obligation upon the cable
operator to file a justification of its CPST rates.[^4] If the
Commission finds the rate to be unreasonable, it shall determine the
correct rate and any refund liability.[^5]

3\. In our Prior Order, we resolved all complaints filed against
Operator's CPST rates in the above-referenced community. The first valid
complaint was filed against Operator's March 7, 1995 CPST rate of
\$18.21 and the second and last valid complaint was filed on November
24, 1995 against Operator's November 1, 1995 CPST rate of \$19.39. In
our Prior Order, we found that Operator's March 7, 1995 CPST rate of
\$18.21 and Operator's November 1, 1995 CPST rate of \$19.39 were
reasonable. Therefore, upon reconsideration, we have concluded that the
complaints should be denied. Accordingly, we will modify our Prior Order
to reflect that the complaints are denied. Because we are modifying our
Prior Order and denying the complaints, Operator does not incur any
refund liability. Therefore, we will dismiss Operator's Petition and
refund plan as moot.

4\. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission\'s rules, 47 C.F.R. § 0.321, that In the Matter of Comcast
Cablevision of Carolina, Inc., DA 98-1753, 13 FCC Rcd 18494 (1998) IS
MODIFIED TO THE EXTENT INDICATED HEREIN.

5\. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 1.106 the
Commission\'s rules, 47 C.F.R. §§ 0.321 and 1.106, that Operator\'s
Petition for Reconsideration and refund plan ARE DISMISSED AS MOOT.

6\. 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 \$18.21,
charged by Operator in the franchise area referenced above, effective
March 7, 1995, and the CPST rate of \$19.39, charged by Operator in the
franchise area referenced above, effective November 1, 1995, ARE
REASONABLE.

7\. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the
Commission\'s rules, 47 C.F.R. § 0.321, that the complaints referenced
herein against the CPST rates charged by Operator in the community
referenced above ARE DENIED.

FEDERAL COMMUNICATIONS COMMISSION

William H. Johnson

Deputy Chief

Cable Services Bureau

[^1]: In the Matter of Comcast Cablevision of Carolina, Inc., DA
    98-1753, 13 FCC Rcd 18494 (1998).

[^2]: 47 U.S.C. §543 (c) (1996).

[^3]: Pub. L. No. 102-385, 106 Stat. 1460 (1992).

[^4]: 47 C.F.R. §76.956.

[^5]: 47 C.F.R. §76.957.