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 Federal  Communications  Commission  DA  00-  1299 
 1 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  CUID  No.  SC0094  (Clinton) 
 ) 
 Charter  Communications  ) 
 ) 
 Complaint  Regarding  ) 
 Cable  Programming  Services  Tier  Rates  ) 


 ORDER 
 Adopted:  June  12,  2000  Released:  June  14,  2000 
 By  the  Acting  Chief,  Financial  Analysis  and  Compliance  Division,  Cable  Services  Bureau: 
 1.  In  this  Order  we  consider  a  complaint  against  the  rate  charged  by  the  above-  referenced 
 operator  ("  Operator")  for  its  cable  programming  services  tier  ("  CPST")  in  the  community  referenced  above.  1  We  have  already  issued  a  separate  order  addressing  the  reasonableness  of  Operator's  CPST  rates  in 


 effect  through  May  14,  1994  ("  Prior  Order").  2  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."  3  This  Order  addresses  only  the  reasonableness  of  Operator's  CPST  rates  in  effect  after 
 May  14,  1994. 


 2.  Under  the  Communications  Act,  4  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.  5  At  the  time  the  complaint  was 
 filed,  the  Cable  Television  Consumer  Protection  and  Competition  Act  of  1992  ("  1992  Cable  Act")  6 
 required  the  Commission  to  review  CPST  rates  upon  the  filing  of  a  valid  complaint  by  a  subscriber  or  local 
 franchise  authority. 


 1  The  complaint  was  filed  with  the  Federal  Communications  Commission  on  January  3,  1994. 
 2  See  In  the  Matter  of  Cencom  Cable  Entertainment,  Inc.,  10  FCC  Rcd  6037  (1995). 
 3  Id.  at  n.  1. 
 4  Communications  Act,  Section  623(  c),  as  amended,  47  U.  S.  C.  §543(  c)  (1996). 
 5  See  Section  76.957  of  the  Commission’s  Rules,  47  C.  F.  R.  §76.957. 
 6  Pub.  L.  No.  102-  385,  106  Stat.  1460  (1992). 
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 Federal  Communications  Commission  DA  00-  1299 
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 3.  To  justify  rates  for  the  period  beginning  May  15,  1994,  operators  must  use  the  FCC  Form 
 1200  series.  7  Upon  review  of  Operator's  FCC  Form  1200,  we  find  Operator’s  actual  CPST  rate  of  $14.22, 
 effective  May  15,  1994,  to  be  reasonable.  8 


 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  0.  32l  of  the  Commission's  rules,  47 
 C.  F.  R.  §  0.321  that  the  CPST  rate  charged  by  Operator  in  the  community  referenced  above,  effective 
 May  15,  1994,  IS  REASONABLE. 


 5.  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  rate  charged  by  Operator  in  the  community 
 referenced  above,  effective  May  15,  1994,  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Kathleen  F.  Costello,  Acting  Chief 
 Financial  Analysis  and  Compliance  Division 
 Cable  Services  Bureau 


 7  See  Section  76.922  of  the  Commission’s  Rules,  47  C.  F.  R.  §76.922. 
 8  These  findings  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  any  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. 
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