In the Matter of Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 ) ) DA 96-1299 Atlanta Cable Partners, L. P. ) CUID No. GAOO 18 (City of Atlanta) ) ) ) Complaints Regarding ) Cable Programming Services Tier Rates ) ORDER Adopted: August 13, 1996 Released: August 20, 1996 By the Chief, Financial Analysis and" Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints about rates the above-captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the community referenced above. 1 Operator's response includes benchmark justifications filed on FCC Form 1200 and multiple FCC Form 1210s, the latest FCC Form 1210 filed for the period ending in the third quarter of 1995. This Order addresses only the reasonableness of Operator's rates after May 14, 1994. The Federal Communications Commission ("Commission") has already issued a separate order addressing the reasonableness of Operator's rates prior to that date.2 2. Under the Communications Act,3 the Commission is authorized to review CPST rates of cable systems not subject to effective competition to ensure that rates charged are not unreasonable. If the Commission finds rates to be unreasonable, it shall determine correct rates and any refund liability. 3. Pursuant to the Cable Television Consumer Protection and Competition Act of 1992,4 and our rules implementing it, 47 C.F.R. Part 76, Subpart N, Operator filed its FCC Forms 1200 and 1210 for.the period starting May 15, 1994 through September 30, 1995 in response to complaints referenced herein. Upon review of Operator's FCC Forms 1200 and 1210, we 1 The Commission received the first valid complaint filed against the Operator on September 7, 1993. See Atlanta Cable Partners, L.P., 10 FCC Red 5552 (I 995). Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). ~ Pub. L. No. 102-385, 106 Stat. 1460 (1992) ("1992 Cable Act"); Communications Act, Section 623(c), as amended. 47 U.S.C. Section 543(c) (1993). 9891 Federal Communications Commission DA 96-1299 conclude that Operator has justified its CPST rates charged during the period under review. Therefore, we find that Operator's CPST rates in the above referenced community are justified and not unreasonable. 5 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that complaints referenced herein against CPST rates charged by Operator in the franchise area referenced in the caption during the period May 15, 1994 to September 30, 1995 ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief. Financial Analysis and Compliance Division Cable Services Bureau This finding is based solely on the representations of Operator. Should infonnation come to our attention that these represcnto.tions 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 specitically addressed herein. 9892