**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) CUID No. TX1340 (City of Azle)

Charter Communications, LLC )

)

Cost of Service Showing in Support ) CSR No. 4365-R

Basic Service Tier Rate )

**ORDER**

**Adopted: February 13, 2004 Released: February 18, 2004**

By the Deputy Chief, Policy Division, Media Bureau:

1\. The above-referenced operator (\"Operator\")[^1] filed an FCC Form
1200 and an FCC Form 1220 with the local franchising authority (\"LFA\")
for the City of Azle to justify its rate for its basic service tier
(\"BST\"), effective May 15, 1994. The LFA filed a petition for special
relief pursuant to the Commission's rules,[^2] requesting that the
Commission review the BST rate justification because it included an FCC
Form 1220 cost of service filing. The Commission granted the LFA's
request and agreed to review Operator's showing regarding its BST
rate.[^3] This Order addresses only the reasonableness of Operator\'s
BST rate of \$20.54, effective May 15, 1994.[^4]

2\. To justify rates for the period beginning May 15, 1994, operators
must use the FCC Form 1200 series.[^5] Cable operators attempting to
justify their rates through a cost of service showing must complete and
file FCC Form 1220.[^6] Upon review of Operator\'s FCC Form 1200 and FCC
Form 1220, we find Operator\'s actual BST rate of \$20.54, effective May
15, 1994, to be reasonable.

3\. Accordingly, IT IS ORDERED, pursuant to Sections 0.283 and 76.933(d)
of the Commission\'s rules, 47 C.F.R. § 0.283 and § 76.933(d), that the
BST rate of \$20.54 charged by Operator in the franchise areas
referenced above, effective May 15, 1994, IS REASONABLE.

4\. IT IS FURTHER ORDERED pursuant to Sections 0.283 and 76.933(d) of
the Commission\'s rules, 47 C.F.R. § 0.283 and § 76.933(d), that this
Order is binding on the community referenced above and Operator.

FEDERAL COMMUNICATIONS COMMISSION

John B. Norton, Deputy Chief

Policy Division

Media Bureau

[^1]: The term \"Operator\" includes Operator\'s predecessors and
    successors in interest.

[^2]: *See* Section 76.933(d) of the Commission\'s Rules, 47 C.F.R. §
    76.933(d).

[^3]: *See* Letter from Jacqueline Spindler, Deputy Chief, Financial
    Analysis and Compliance Division, Cable Services Bureau, to Ms.
    Analeslie Muncy, counsel for City of Azle.

[^4]: Our finding in this Order applies only to the rate period under
    review. Subsequent to this rate period, the Media Bureau determined
    that Operator was subject to effective competition in this community
    and revoked the LFA's certification to regulate basic cable service.
    *See* *In the Matter of* *Charter Communications d/b/a/ Marcus Cable
    Associates*, *LLC*, CSR 5915-E, DA 02-1919, 17 FCC Rcd 15491 (MB
    2002).

[^5]: *See* Section 76.922 of the Commission\'s Rules, 47 C.F.R.
    §76.922.

[^6]: *See* Section 76.922(l) of the Commission\'s Rules, 47 C.F.R.
    §76.922(l). *See also*, Second Report and Order, First Order on
    Reconsideration, and Further Notice of Proposed Rulemaking, MM
    Docket No. 93‑215 and CS Docket No. 94‑28, FCC 95‑502, 11 FCC Rcd
    2220 (1996) (\"*Final Cost Order*\").