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 Federal  Communications  Commission  DA  02-  633 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Mediacom  Southeast  LLC 
 Small  System  Filing  to  Support  Cable  Programming  Services  Tier  Rates 


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 CUID  No.  M00260  (Anderson) 


 ORDER 
 Adopted:  March  14,  2002  Released:  March  20,  2002 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 
 1.  In  this  Order  we  consider  a  complaint  filed  with  the  Federal  Communications  Commission  ("  Commission")  on  January  22,  1996,  against  the  rate  charged  by  the  above-  referenced 
 operator  ("  Operator")  1  for  its  cable  programming  services  tier  ("  CPST")  in  the  community  referenced  above.  In  response  to  the  complaint,  Operator  filed  FCC  Form  1230,  seeking  to  justify  its  CPST  rates 
 through  the  simplified  small  system  cost  of  service  procedures  pursuant  to  the  Small  Systems  Order.  2  In  this  Order,  we  grant  Operator's  request  for  small  system  relief  and  find  Operator's  CPST  rates  to  be 
 reasonable,  effective  January  22,  1996. 
 2.  In  an  effort  to  offer  small  cable  companies  administrative  relief  from  rate  regulation,  the  Commission  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.  3  FCC  Form  1230  requires  that  Operator's  Selected  Per  Subscriber  Monthly  Programming  Rate  Per  Channel 
 (FCC  Form  1230,  Line  A11)  not  exceed  its  per  Subscriber,  Per  Channel  Monthly  Programming  Costs  (FCC  Form  1230,  Line  A6).  4  If  the  maximum  permitted  rate  for  bundled  programming  and  equipment 
 costs  (FCC  Form  1230,  Line  A10)  does  not  exceed  $1.24  per  channel,  the  rate  shall  be  presumed  reasonable.  5  Cable  systems  serving  15,000  or  fewer  subscribers,  and  owned  by  a  company  having 


 1  The  term  "Operator"  as  used  in  this  Order  includes  Operator's  predecessors  and  successors  in  interest. 
 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  The  FCC  Form  1230  is  a  one-  page  form  "on  which  the  system  inserts  its  expense,  rate  base,  rate  return,  channel 
 count  and  subscriber  count  figures  and  then  calculates  its  permitted  rate."  Small  Systems  Order  at  ¶  64. 
 4  See  Instructions  for  FCC  Form  1230,  Line  A  11,  page  3. 


 5  See  47  C.  F.  R.  Section  76.  934(  h)  (1996). 
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 Federal  Communications  Commission  DA  02-  633 
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 400,000  or  fewer  subscribers,  may  elect  to  use  the  FCC  Form  1230  in  lieu  of  other  Commission  rate  processes.  6 
 3.  Operator  asserts  that  it  meets  the  Commission's  requirements  to  file  the  FCC  Form  1230.  7  Operator  serves  fewer  than  400,000  subscribers  in  total  and  fewer  than  15,000  in  the 
 referenced  community.  We  have  previously  found  that  Operator  qualifies  for  small  system  relief.  8  Upon  review  of  Operator's  FCC  Form  1230,  we  find  Operator's  actual  CPST  rate  to  be  reasonable, 
 effective  January  22,  1996.  9 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  0.321  of  the  Commission's  rules,  47  C.  F.  R.  §  0.321,  that  the  referenced  complaint  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 William  H.  Johnson  Deputy  Chief 
 Cable  Services  Bureau 


 6  Small  Systems  Order  at  ¶  75. 
 7  See  Letter  dated  October  15,  1999  from  Regina  Famiglietti  Pace,  Counsel  for  Mediacom  Southeast  LLC. 
 8  See  In  the  Matter  of  Mediacom  Southeast  LLC,  DA  98-  1701,  13  FCC  Rcd  18428  (1998). 
 9  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. 
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