**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) | CUID No. MI1239 (Frenchtown) |
|                                  |   |                              |
| Monroe Cablevision, Inc.         | ) |                              |
|                                  |   |                              |
| Petition for Reconsideration     | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

ORDER ON RECONSIDERATION

**Adopted: September 7, 2001** **Released: September 14, 2001**

By the Deputy Chief, Cable Services Bureau:

1.  In this Order we consider a petition for reconsideration
    (\"Petition\") of our Order, DA 97-1534 (\"Prior Order\"),[^1] filed
    with the Federal Communications Commission (\"Commission\") on
    August 22, 1997 by the above-referenced operator (\"Operator\"). Our
    Prior Order resolved complaints against Operator's cable programming
    service tier (\"CPST\") rates in effect beginning September 1, 1993.
    On August 22, 1997, Operator also filed a request for stay
    (\"Request\") of our Prior Order. In this Order, we reconsider and
    modify our Prior Order and dismiss Operator's Petition and Request
    as moot.

2.  Under the Communications Act,[^2] the Commission was authorized, at
    the time the referenced complaint was filed, 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[^3] (\"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 Telecommunications Act of 1996 (\"1996 Act\")[^4] and
    our rules implementing the legislation (\"Interim Rules\"),[^5]
    required that a complaint against the CPST rate be filed with the
    Commission by an LFA that has received more than one subscriber
    complaint.[^6] The filing of a complete and timely complaint
    triggers an obligation upon the cable operator to file a
    justification of its CPST rates.[^7] The Operator has the burden of
    demonstrating that the CPST rates complained about are
    reasonable.[^8] If the Commission finds a rate to be unreasonable,
    it shall determine the correct rate and any refund liability.[^9]

3.  In response to Operator's Petition, we reviewed our Prior Order and
    found that Operator justified its actual CPST rate through July
    14, 1994. As there were no valid complaints received against
    Operator's CPST rates in effect after that time period, we will
    modify our Prior Order to exclude the finding of any refund
    liability for any time periods beginning after July 14, 1994.
    Because the arguments raised by Operator in its Petition concern
    only our calculation in the Prior Order of refund liability for time
    periods beginning after July 14, 1994, we will dismiss Operator's
    Petition and Request as moot, without addressing the merits of
    Operator's arguments.

4.  Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the
    Commission\'s rules, 47 C.F.R. § 1.106, that In the Matter of Monroe
    Cablevision, Inc., DA 97-1534, 12 FCC Rcd 23535 (1997) IS MODIFIED
    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 and Request for Stay ARE DISMISSED AS MOOT.

FEDERAL COMMUNICATIONS COMMISSION

William H. Johnson

Deputy Chief

Cable Services Bureau

[^1]: In the Matter of Monroe Cablevision, Inc., DA 97-1534, 12 FCC Rcd
    23535 (1997).

[^2]: Communications Act, Section 623(c), *as amended*, 47 U.S.C.
    §543(c) (1996).

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

[^4]: Pub. L. No. 104-104, 110 Stat. 56 (1996).

[^5]: *See* Implementation of Cable Act Reform Provisions of the
    Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996).

[^6]: *See* Communications Act, Section 623(c), *as amended*, 47 U.S.C.
    Section 543(c) (1996).

[^7]: *See* Section 76.956 of the Commission\'s rules, 47 C.F.R.
    §76.956.

[^8]: *Id.*

[^9]: *See* Section 76.957 of the Commission\'s rules, 47 C.F.R. §
    76.957.