**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) CUID No. GA0249 (City of Forsyth)

) CSR No. 4354-R

James Cable Partners, LP )

)

Small System Filing to Support )

Basic Cable Service Tier )

**ORDER**

**Adopted: March 15, 2000 Released: March 17, 2000**

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

1\. In this Order we consider the rate that the above-captioned operator
(\"Operator\") was charging for its basic service tier (\"BST\") in the
community referenced above. On September 13, 1994, the City of Forsyth
(\"City\") petitioned the Federal Communications Commission
(\"Commission\") requesting assistance in reviewing Operator\'s BST cost
of service showing. The Commission granted the City\'s request on
February 14, 1995, and agreed to review Operator\'s showing regarding
its BST rate.[^1] On November 13, 1995 Operator filed an FCC Form 1230,
seeking to justify its BST rate through the simplified small system cost
of service procedures pursuant to the Commission\'s *Sixth Report and
Order and Eleventh Order on Reconsideration* (\"Small Systems
Order\").[^2] In this Order, we grant Operator\'s request for small
system relief under the Small Systems Order and, based on our review of
Operator\'s FCC Form 1230 filing, find its BST rate to be reasonable.

2\. The Commission\'s original rate regulations took effect on September
1, 1993.[^3] The Commission subsequently revised its rate regulations
effective May 15, 1994.[^4] In a further effort to offer small cable
companies administrative relief from rate regulation, the Commission
amended the definition of small cable companies and small systems and
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.[^5] FCC Form 1230 requires that the Operator Selected Per
Subscriber Monthly Programming Rate Per Channel (FCC Form 1230, Line
A11) not exceed the Per Subscriber, Per Channel Monthly Programming
Costs (FCC Form 1230, Line A6).[^6] If the maximum rate established on
FCC Form 1230 does not exceed \$1.24 per channel, the rate shall be
presumed reasonable.[^7] Cable systems serving 15,000 or fewer
subscribers, and owned by a company having 400,000 or fewer subscribers,
may elect to use the small system rate mechanism found in FCC Form 1230
in lieu of other Commission rate processes, provided the Commission has
not reached a final resolution on the rate complaints filed against the
system.[^8]

3\. Operator asserts that it is a company with fewer than 400,000 total
subscribers and that the system in question serves fewer than 15,000
subscribers, making it eligible for small system relief. We find that as
of the effective date of the Small Systems Order,[^9] Operator was a
company with fewer than 400,000 total subscribers and that the system in
question served fewer than 15,000 subscribers, thereby making it
eligible for small system relief.[^10] Further, Operator\'s filings show
that the Operator Selected Per Subscriber Monthly Programming Rate Per
Channel (FCC Form 1230, Line A11) does not exceed \$1.24 per channel.
Therefore, we find Operator\'s actual BST rate of \$6.31 to be
reasonable.[^11]

4\. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission\'s rules, 47 C.F.R. § 0.321, that Operator\'s request for
small system relief, for the system in the community referenced above,
IS GRANTED.

5\. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the
Commission\'s rules, 47 C.F.R. § 0.321, that the monthly BST rate of
\$6.31 charged by Operator in the community referenced above IS
REASONABLE.

6\. IT IS FURTHER ORDERED, pursuant to Sections 76.933(d) and 0.321 of
the Commission\'s rules, 47 C.F.R. §§ 76.933(d) and 0.321, that this
decision is binding on the local franchising authority, the City of
Forsyth, Georgia, and the cable operator, James Cable Partners, LP.

FEDERAL COMMUNICATIONS COMMISSION

Kathleen F. Costello

Acting Chief, Financial Analysis and Compliance Division

Cable Services Bureau

[^1]: *See* Letter dated February 14, 1995 from Jacqueline Spindler,
    Deputy Chief, Consumer Protection Division, to Douglas B. White,
    Administrator, City of Forsyth, GA.

[^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]: Order in MM Docket No. 92-266, Implementation of Sections of the
    Cable Consumer Protection and Competition Act of 1992: Rate
    Regulation, FCC 93-372, 58 Fed. Reg. 41042 (Aug. 2, 1993).

[^4]: 47 C.F.R. Section 76.922 (b). See also Second Order on
    Reconsideration, Fourth Report and Order, and Fifth Notice of
    Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 4119, 4190
    (1994) (\"Second Order on Reconsideration\").

[^5]: The FCC Form 1230 is a one-page form \"on which the system inserts
    its expense, rate base, rate of return, channel count and subscriber
    count figures and then calculates its permitted rate.\" Small
    Systems Order at ¶ 64.

[^6]: *See* Instructions for Line A11, FCC Form 1230, page 3.

[^7]: *See* 47 C.F.R. Section 76.934(h) (1996).

[^8]: Small Systems Order at ¶ 75.

[^9]: August 21, 1995.

[^10]: We have previously found that Operator is a company with fewer
    than 400,000 total subscribers. See In the Matter of James Cable
    Partners, LP, DA 99-1960 (released September 24, 1999).

[^11]: 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.