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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of                     )  
                                     )
Suburban Cable TV Company, Inc.     )   CUID  No. PA0102 (Manheim)
                                     )                     
Complaints Regarding                 )
Cable Programming Services Tier Rates       )


                             ORDER

        Adopted:  May 10, 2000          Released:  May 12, 2000  

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

     1.   In this Order we consider complaints against the February 15, 1995 rate increase by the
above-referenced Operator ("Operator") for its cable programming services tier ("CPST") in the community
referenced above.  This Order addresses only the reasonableness of Operator's February 15, 1995 CPST rate
increase.

     2. Under the Communications Act, 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.  The Cable Television Consumer Protection and Competition Act of 1992
("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 filing of a complete and timely complaint triggers an
obligation upon the cable operator to file a justification of its CPST rates.  The Operator has the burden of
demonstrating that the CPST rates complained about are reasonable.  If the Commission finds a rate to be
unreasonable, it shall determine the correct rate and any refund liability. 

     3. Operators must use the FCC Form 1200 series to justify rates for the period beginning May 15,
1994.  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.  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.  Any incurred cost that is not projected may be accrued with interest and added to rates at a later
time.

     4.   Upon review of Operator's FCC Form 1200, we find Operator's calculated maximum
permitted rate ("MPR") of $11.12 to be reasonable.   Upon review of Operator's FCC Form 1210 covering the
period April 1, 1994 through December 31, 1994, we find Operator's calculated MPR of $12.50, effective
February 15, 1995, to be reasonable.  Because Operator's actual CPST rate of $14.31, effective February 15,
1995, exceeds its calculated MPR, we find Operator's actual CPST rate of $14.31, effective February 15, 1995
through March 31, 1995, to be unreasonable. 

     5.   Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through
March 31, 1995, we disallowed Operator's $0.03 adjustment on Line G7 (Per Channel Adjustment per Tier)
under the "markup method" because Operator elected the "CAPS method" in its previous FCC Form 1210.
We further adjusted Operator's entry on Lines I5 and J5 (Inflation Adjustment Factor) to 1.0219 because, for
the time periods under review, Operator was only entitled to claim a total inflation adjustment amount of
1.0521, pursuant to the Ninth Reconsideration Order, and we allowed Operator a 1.0296 adjustment in the
previous FCC Form 1210.  Our adjustments reduced Operator's MPR from $13.83 to $13.73.  Because
Operator's actual CPST rate of $14.31, effective April 1, 1995 through June 30, 1995, exceeds its revised
MPR, we find Operator's actual CPST rate of $14.31, effective April 1, 1995 through June 30, 1995, to be
unreasonable.

     6.   Upon review of Operator's FCC Form 1210 covering the period April 1, 1995 through June
30, 1995, we adjusted Operator's Line A1 to coincide with the prior revised FCC Form 1210.  Our adjustment
reduced Operator's MPR from $14.31 to $14.20.  Because Operator's actual CPST rate of $14.31, effective
July 1, 1995 through March 31, 1996, exceeds its revised MPR, we find Operator's actual CPST rate of $14.31,
effective July 1, 1995 through March 31, 1996, to be unreasonable. Upon review of Operator's FCC Form
1240 for the projected period April 1, 1996 through March 31, 1997, we made adjustments to coincide with
the prior revised FCC Form 1210.  We also adjusted Worksheet 8 (True-Up Rate Charged), to reflect the
actual rate charged during the true-up period.  Our adjustments reduced Operator's MPR from $15.34 to
$15.20.  Because Operator's actual CPST rate of $15.25 exceeds its MPR, we find Operator's actual CPST
rate of $15.25, effective April 1, 1996 through March 31, 1997, to be unreasonable. 

     7.   Upon review of Operator's FCC Form 1240 for the projected period April 1, 1997 through
March 31, 1998, we made adjustments to coincide with the prior revised FCC Form 1240.  We adjusted
Worksheet 8 to reflect the actual rate charged during the true-up period. We also adjusted Operator's Line
C3 (Current FCC Inflation Factor) to 1.0177.  Our adjustments reduced Operator's MPR from $17.11 to
$16.80.  Because Operator's actual CPST rate of $16.95 exceeds its revised MPR, we find Operator's actual
CPST rate of $16.95, effective April 1, 1997 through March 31, 1998, to be unreasonable.  Upon review of
Operator's FCC Form 1240 for the projected period April 1, 1998 through March 31, 1999, we made
adjustments to coincide with the prior revised FCC Form 1240.  We adjusted Worksheet 8 to reflect the
actual rate charged during the true-up period.  We also adjusted Operator's Line C5 (Current FCC Inflation
Factor) to 1.0082.  Our adjustments reduced Operator's MPR from $18.56 to $17.92.  Because Operator's
actual CPST rate of $18.55 exceeds its revised MPR we find Operator's actual CPST rate of $18.55,
effective April 1, 1998 through March 31, 1999, to be unreasonable.

     8.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective
February 15, 1995 through March 31, 1999, ARE UNREASONABLE .

     9.   IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R.
 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the
amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus
interest to the date of the refund, for the period March 10, 1995 (the date of the first valid complaint) through
March 31, 1995.

     10.  IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R.
 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the
amount paid in excess of the maximum permitted CPST rate of $13.73 per month (plus franchise fees), plus
interest to the date of the refund, for the period April 1, 1995 through June 30, 1995.

     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 $16.80 per month (plus franchise fees), plus
interest to the date of the refund, for the period October 1, 1997 through March 31, 1998.

     12.       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 $17.92 per month (plus franchise fees), plus
interest to the date of the refund, for the period April 1, 1998 through March 31, 1999.

     13.       IT IS FURTHER ORDERED that Operator shall promptly determine the overcharges to CPST
subscribers for the stated period, and shall within 30 day 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 the approval of the plan.

     14.       IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R.
 0.321, that the complaint referenced herein against the 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