**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) CUID No. GA0088 (Chickamauga)

)

Comcast Cablevision )

)

Refund Plan and Complaint Regarding )

Cable Programming Services Tier Rates )

**REFUND PLAN**

**AND RATE ORDER**

**Adopted: February 8, 2000 Released: February 10, 2000**

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

Number range level0Number range level1Number range level2Number range
level3Number range level4Number range level5Number range level6Number
range level71. In this Order we consider a complaint concerning the
rates the above-referenced operator (\"Operator\")[^1] was charging for
its cable programming services tier (\"CPST\") in the community
referenced above. We have already issued an order (\"Prior Order\")
addressing the reasonableness of Operator\'s CPST rate for the period
December 27, 1993[^2] through May 14, 1994.[^3] In our Prior Order, we
stated that our findings \"do not in any way prejudge the reasonableness
of the price for CPS service after May 14, 1994 under our new rate
regulations.\"[^4] On June 2, 1995, Operator filed a refund plan
(\"Refund Plan\") pursuant to our Prior Order. This Order addresses the
reasonableness of Operator\'s CPST rates beginning May 15, 1994 as well
as Operator's Refund Plan.

2\. Under the Communications Act,[^5] 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. If the Commission finds a rate to be
unreasonable, it shall determine the correct rate and any refund
liability.[^6] The Cable Television Consumer Protection and Competition
Act of 1992 (\"1992 Cable Act\")[^7] requires the Commission to review
CPST rates upon the filing of a valid complaint by a subscriber or local
franchise authority (\"LFA\"). The Telecommunications Act of 1996
(\"1996 Act\")[^8] and our rules implementing the new legislation
(\"Interim Rules\"),[^9] require that, beginning February 8, 1996,
complaints against CPST rates be filed with the Commission by an LFA
that has received more than one subscriber complaint^.^[^10]

3\. Operators must use the FCC Form 1200 series to justify rates for the
period beginning May 15, 1994.[^11] Cable operators may file an FCC Form
1210 to justify quarterly rate increases based on the addition and
deletion of channels, changes in certain external costs and
inflation.[^12] Operators may justify their rates on an annual basis
using FCC Form 1240 to reflect reasonably certain and quantifiable
changes in external costs, inflation, and the number of regulated
channels that are projected for the twelve months following the rate
change.[^13] Any incurred cost that is not projected may be accrued with
interest and added to rates at a later time.[^14]

4\. Upon review of Operator's FCC Form 1200, we find Operator's
calculated MPR of \$11.14 to be reasonable. The Commission\'s rules
provide for a refund liability deferral period, if timely requested by
Operator, beginning May 15, 1994 and ending July 14, 1994, for any
overcharges resulting from Operator\'s calculation of a new MPR on the
FCC Form 1200.[^15] Operator elected to defer refund liability for
overcharges associated with its FCC Form 1200 pursuant to the
Commission\'s Rules.[^16] However, Operator will incur refund liability
from May 15, 1994 through July 14, 1994 for any CPST rates charged above
the FCC Form 393 MPR approved by the Commission.[^17] In our Prior
Order, we found that Operator had justified an MPR of \$12.13. Because
Operator\'s actual CPST rate of \$12.46, effective May 15, 1994 through
June 30, 1994, exceeds its FCC Form 393 MPR, we find Operator\'s actual
CPST rate of \$12.46, effective May 15, 1994 through June 30, 1994, to
be unreasonable. Because Operator\'s actual CPST rate of \$11.48,
effective July 1, 1994, exceeds its FCC Form 1200 MPR of \$11.14, we
find Operator\'s actual CPST rate of \$11.48, effective July 1, 1994
through December 31, 1995, to be unreasonable.[^18]

5\. Upon review of Operator\'s FCC Form 1210 covering the period April
1, 1994 through December 31, 1995, we find Operator\'s calculated MPR of
\$12.13 to be reasonable. Because Operator\'s actual CPST rate of
\$11.48, effective January 1, 1996 does not exceed its MPR, we find
Operator\'s actual CPST rate of \$11.48, effective January 1, 1996, to
be reasonable. Upon review of Operator's Refund Plan filed pursuant to
our Prior Order, we find that the Refund Plan fulfills the requirements
of the Refund Order, provided Operator accrues refund interest up to the
date of refund.

6\. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission\'s rules, 47 C.F.R. § 0.321, that the CPST rate of \$12.46,
charged by Operator in the community referenced above, effective May 15,
1994 through June 30, 1994, IS UNREASONABLE.

7\. 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 \$11.48,
charged by Operator in the community referenced above, effective July 1,
1994 through December 31, 1995, IS UNREASONABLE.

8\. 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 \$11.48,
charged by Operator in the community referenced above, effective January
1, 1996, IS REASONABLE.

9\. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 76.962 of the
Commission's rule, 47 C.F.R. § 0.321 and § 76.962, that Operator's
Refund Plan IS APPROVED, provided Operator modifies its Refund Plan to
the extent indicated herein, and that Operator implement its refund plan
within 60 days of the date of this Order and file a certificate of
compliance with the Chief, Cable Services Bureau, within 90 days of the
release of this Order certifying its compliance with this Order.

10\. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the
Commission\'s rules, 47 C.F.R. § 76.961, that Operator shall refund to
subscribers in the franchise area referenced above that portion of the
amount paid in excess of the maximum permitted CPST rate of \$12.13 per
month (plus franchise fees), plus interest to the date of the refund,
for the period beginning May 15, 1994 through June 30, 1994.

11\. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the
Commission\'s rules, 47 C.F.R. § 76.961, that Operator shall refund to
subscribers in the franchise area referenced above that portion of the
amount paid in excess of the maximum permitted CPST rate of \$11.14 per
month (plus franchise fees), plus interest to the date of the refund,
for the period July 1, 1994 through December 31, 1995.

12\. IT IS FURTHER ORDERED, that Operator shall promptly determine the
overcharges to CPST subscribers for the stated periods and shall within
30 days of the release of this Order, file a report with the Chief,
Cable Services Bureau, stating the cumulative refund amount so
determined (including franchise fees and interest), describing the
calculation thereof, and describing its plan to implement the refund
with 60 days of Commission approval of the plan.

13\. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the
Commission\'s rules, 47 C.F.R. § 0.321, that the complaint referenced
herein against the CPST rates charged by Operator in the community
referenced above IS GRANTED.

FEDERAL COMMUNICATIONS COMMISSION

Kathleen F. Costello, Acting Chief

Financial Analysis and Compliance Division

Cable Services Bureau

[^1]: On October 21, 1999, the Federal Communications Commission
    received notification, pursuant to 47 C.F.R. § 76.400, of a change
    of ownership from TeleScripps Cable Company to Comcast Cablevision
    of the South, Inc. The term \"Operator\" includes all of Operator\'s
    predecessors in interest.

[^2]: The first valid complaint against Operator\'s CPST rate in the
    community referenced above was filed on December 27, 1993. No
    further complaints were filed with the Federal Communications
    Commission.

[^3]: *See* In the Matter of Battlefield Cable Company, DA 95-1006, 10
    FCC Rcd 8160 (1995).

[^4]: ^?^ *Id.* at n. 1.

[^5]: Communications Act, Section 623(c), as amended, 47 U.S.C. §543(c)
    (1996).

[^6]: *See* Section 76.957 of the Commission\'s Rules, 47 C.F.R.
    §76.957.

[^7]: ^?^ Pub. L. No. 102-385, 106 Stat. 1460 (1992).

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

[^11]: *See* Section 76. 922 of the Commission\'s Rules, 47 C.F.R. §
    76.922.

[^12]: ^?^ *Id.*

[^13]: ^?^ *Id.*

[^14]: ^?^ *Id*.

[^15]: *See* 47 C.F.R. Section 76.922(b)(6)(ii).

[^16]: *See* Letter dated June 13, 1994 from Gary M. Steffen, Staff
    Accountant, Scripps Howard to the Federal Communications Commission.

[^17]: 47 C.F.R. §76.922(b)(6)(ii).

[^18]: These finding are based solely on the representations of
    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. Information regarding the specific
    adjustments made to Operator\'s FCC Forms can be found in the public
    files for the above-referenced community which are available in the
    Cable Services Bureau\'s public reference room, or through the
    Commission\'s copy contractor, International Transcription Services,
    (ITS), 1231 20th Street, NW, Washington, DC, 20036, or by calling
    ITS at (202) 857-3800.