**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) CUID No. TX1255 (City of Plano)

TCI Communications )

)

Petition for Reconsideration )

**ORDER ON RECONSIDERATION**

**Adopted: November 18, 1999 Released: November 24, 1999**

By the Acting Chief, Financial Analysis and Compliance Division, Cable
Services Bureau:

1\. In this Order we consider a petition for reconsideration
(\"Petition\") of our Order, DA 98-1916 (\"Reconsideration Order\"),[^1]
filed with the Federal Communications Commission (\"Commission\") by the
local franchising authority (\"LFA\") for the above-referenced
community.[^2] In the Reconsideration Order, we resolved a previous
petition for reconsideration filed by the LFA of an earlier Order, DA
97-2581 (\"First Order\").[^3] In this Order, we clarify an ordering
clause from our Reconsideration Order and correct a typographical error.

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.[^4] The Cable Television
Consumer Protection and Competition Act of 1992 (\"1992 Cable
Act\"),[^5] 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. The filing of a valid complaint
triggers an obligation upon the cable operator to file a justification
of its CPST rates.[^6] If the Commission finds the rate to be
unreasonable, it shall determine the correct rate and any refund
liability.[^7] The Telecommunications Act of 1996 (\"1996 Act\"),[^8]
and our rules implementing the legislation (\"Interim Rules\"),[^9]
require that a complaint against the CPST rate be filed with the
Commission by an LFA that has received more than one subscriber
complaint.

3\. In its Petition, the LFA raises two issues. First, the LFA requests
that we clarify our ordering clause in ¶ 14 of the Reconsideration Order
which states that \"In the Matter of TCI of Plano, Inc., 12 FCC Rcd
20411 (1997) IS AFFIRMED IN PART AND VACATED IN PART.\"[^10] That
ordering clause merely implements the discussion portion of the order
which concluded that \"Operator has adequately accounted for programming
revenue received from its CPST programmers through 1997, the period
complained about in LFA's 1997 and 1998 letters.\"[^11] In order to
clarify that the Reconsideration Order did not have any effect on the
refund liability calculated in the First Order, we will modify ¶ 14 of
the Reconsideration Order to state as follows:

> > IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's
> > rules, 47 C.F.R. § 0.321, that In the Matter of TCI of Plano, Inc.,
> > 12 FCC Rcd 20411 (1997) IS MODIFIED TO THE EXTENT INDICATED HEREIN.

4\. Secondly, the LFA correctly points out a typographical error in ¶ 12
of the Reconsideration Order. The first sentence of ¶ 12 should state

> > Upon review of Operator's FCC Form 1240 for the projected period
> > June 1, 1998 through May 31, 1999 we find that Operator has
> > correctly calculated its MPR of \$18.33.

Therefore, we will modify the first sentence of ¶ 12 of the
Reconsideration Order to correct the date of the projected period under
review from June 1, 1998 through May 31, 1998 to June 1, 1998 through
May 31, 1999.

5\. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the
Commission\'s rules, 47 C.F.R. § 1.106, that Operator\'s Petition for
Reconsideration IS GRANTED TO THE EXTENT INDICATED HEREIN.

6\. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the
Commission\'s rules, 47 C.F.R. § 0.321, that In the Matter of TCI
Communications, DA 98-1916, 13 FCC Rcd 19692 (1998) IS MODIFIED TO THE
EXTENT INDICATED HEREIN.

FEDERAL COMMUNICATIONS COMMISSION

Patrick A. Boateng, Acting Chief

Financial Analysis and Compliance Division

Cable Services Bureau

[^1]: In the Matter of TCI Communications, DA 98-1916, 13 FCC Rcd 19692
    (1998).

[^2]: The LFA for the above-referenced community is Plano, TX.

[^3]: In the Matter of TCI of Plano, Inc., 12 FCC Rcd 20411 (1997).

[^4]: 47 U.S.C. §543(c) (1996).

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

[^6]: 47 C.F.R. §76.956.

[^7]: 47 C.F.R. §76.957.

[^8]: Pub. L. No. 104-104, 110 Stat. 56 (1996).

[^9]: *See* Implementation of Cable Act Reform Provisions of the
    Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996).

[^10]: Prior Order at ¶ 14.

[^11]: Prior Order at ¶ 10.