**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) | File No. EB-02-TC-010        |
|                                  |   |                              |
| CableOne, Inc.                   | ) | CUID No. IA0084 (Sioux City) |
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| Petition for Reconsideration     | ) |                              |
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|                                  | ) |                              |
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|                                  | ) |                              |
+----------------------------------+---+------------------------------+
|                                  |   |                              |
+----------------------------------+---+------------------------------+

ORDER ON RECONSIDERATION

**Adopted: May 6, 2002** **Released: May 8, 2002**

By the Chief, Enforcement Bureau: [^1]

1.  In this Order, we consider a petition for reconsideration
    (\"Petition\") of Order, DA 98-1665 (\"Prior Order\").[^2] In the
    Prior Order, the Cable Services Bureau resolved complaints against
    the above-referenced operator\'s (\"Operator\'s\")[^3] cable
    programming services tier (\"CPST\") rates. In this Order, we
    reconsider and amend the Prior Order, and dismiss Operator's
    Petition as moot.

2.  Under the provisions of the Communications Act[^4] that were in
    effect at the time the referenced complaints were filed, 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[^5]
    (\"1992 Cable Act\") required the Commission to review CPST rates
    upon the filing of a valid complaint by a subscriber or local
    franchising authority (\"LFA\"). The filing of a complete and timely
    complaint triggers an obligation upon the cable operator to file a
    justification of its CPST rates.[^6] The Operator has the burden of
    demonstrating that the CPST rates complained about are
    reasonable.[^7] If the Commission finds a rate to be unreasonable,
    it shall determine the correct rate and any refund liability.[^8]

3.  In response to Operator's Petition, we reviewed our Prior Order and
    the record and found that three complaints were filed against
    Operator's CPST rates, with the most recent complaint filed on
    December 22, 1993. In our Prior Order, we found that Operator
    justified its actual CPST rates through November 30, 1994. As there
    were no valid complaints received against Operator's CPST rates in
    effect after December 1, 1994, we will, on our own motion, amend our
    Prior Order to exclude the finding of any refund liability for the
    period beginning December 1, 1994, without addressing the merits of
    the arguments raised by Operator in its Petition. Because our review
    results in a finding of no refund liability, we dismiss Operator's
    Petition as moot.

4.  Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of
    the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the
    Matter of CableOne, Inc., DA 98-1665, 13 FCC Rcd 18402 (1998), IS
    AMENDED TO THE EXTENT INDICATED HEREIN.

5.  IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's
    rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration
    IS DISMISSED.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: Effective March 25, 2002, the Commission transferred
    responsibility for resolving cable programming services tier rate
    complaints from the former Cable Services Bureau to the Enforcement
    Bureau. *See* *Establishment of the Media Bureau, the Wireline
    Competition Bureau and the Consumer and Governmental Affairs Bureau,
    Reorganization of the International Bureau and Other Organizational
    Changes*, FCC 02-10, 17 FCC Rcd 4672 (2002).

[^2]: *In the Matter of CableOne, Inc*., DA 98-1665, 13 FCC Rcd 18402
    (CSB 1998).

[^3]: The term \"Operator\" includes Operator's successors and
    predecessors in interest.

[^4]: Communications Act, Section 623(c), *as amended*, 47 U.S.C.
    §543(c) (1996).

[^5]: Pub. L. No. 102-385, 106 Stat. 1460 (1992).

[^6]: *See* Section 76.956 of the Commission\'s rules, 47 C.F.R.
    §76.956.

[^7]: *Id.*

[^8]: *See* Section 76.957 of the Commission\'s rules, 47 C.F.R. §
    76.957.