Federal Communications Commission DA 96-1643 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TCI of Illinois, d/b/a/ Telenois, Inc. Complaint Regarding Cable Programming Services Tier Rate Increase CUID No. IL0841 (Village of Northbrook) ORDER Adopted: September 29,1996 Released: October 3, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint concerning the June 1, 1996 rate increase of TCI of Illinois, d/b/a/ Telenois, Inc. ("Telenois") for its cable programming services tier ("CPST") in the above-referenced community.1 This Order addresses only the reasonableness of Telenois' rate increase of $2.82 that became effective on June 1, 1996. We conclude that Telenois' June 1, 1996 CPST rate increase is not unreasonable. 2. Under the Communications Act,2 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 the rate unreasonable, it shall determine the correct rate and any refund liability.3 The Telecommunications Act of 19964 ("1996 Act") and our rules implementing the new legislation,5 require that complaints against the CPST rates be filed with the Commission by a local franchising authority ("LFA") that has received subscriber complaints. An LFA may not file a 1 The Commission also received a valid CPST complaint dated February 24, 1995, which is incorporated in the TCI Communications, Inc. Resolution, and is therefore not necessary to address in this Order. See TCI Communications, Inc., FCC 96-187 (released April 26, 1996). 2 Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c)(3) (1996). 3 See 47 U.S.C. Section 543(c) (1993). 4 Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (February 8, 1996) ("1996 Act"). 5 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Red 5937 ("Interim Rules"). Federal Communications Commission DA 96-1643 CPST rate complaint unless, within 90 days after such increase becomes effective, it receives subscriber complaints. This standard requires more than one subscriber rate complaint. The provisions under the 1996 Act became effective upon its enactment on February 8, 1996.6 3. The Village of Northbrook ("City") filed a complaint on July 26, 1996 regarding the June 1, 1996 increase in Telenois' CPST rate in the above-referenced community. In its complaint, the City asserts that it has received more than one subscriber complaint against Telenois's CPST rate increase, thereby triggering the Commission's jurisdiction to review this complaint. The valid complaint from the UFA triggers an obligation on behalf of the cable operator to file a justification of its CPST rates with the LFA.7 Telenois filed a FCC Form 1240 with the City on July 11, 1996 as justification for this rate increase, as required by our rules. In its response, Telenois asserts that its June 1, 1996 rate increase is justified by the FCC Form 1240 filed on July 11, 1996. 4. Upon review of Telenois' FCC Form 1240 we find that Telenois has miscalculated its maximum permitted rate for its CPST due to the insertion of an incorrect inflation factor on Line Cl. Telenois calculated its Average Inflation Factor for True-Up Period 1 on Worksheet 1. In Attachment 5, Telenois calculated an inflation adjustment factor to adjust for inflation for the period July 1, 1994 through June 30, 1995 and for excess inflation previously included in rates. The Attachment 5 adjustment required the application of a factor of .9997 to the Worksheet 1 Average Inflation Factor, which would result in an Inflation Factor for True-Up Period 1 of 1.0106 on Line Cl. Telenois, however, included a factor of 1.0258 on Line Cl. Notwithstanding this error, however, Telenois has justified its CPST rate increase of $2.82 which went into effect on June 1, 1996. We conclude, therefore, that Telenois' rate increase of $2.82 which went into effect on June 1, 1996 is justified.8 Telenois is directed, however, to correct its maximum permitted CPST rate for the excess inflation applied in its FCC Form 1240 calculation and to include this correction in its next filing of FCC Form 1240. 5. Accordingly, IT IS ORDERED, pursuant to Section 0-321 of the Commission's Rules, 47 C.F.R. § 0.321, that TCI of Illinois, d/b/a/ Telenois, Inc.'s CPST rate increase of $2.82 which went into effect on June 1, 1996 IS NOT UNREASONABLE. 6 See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c)(3) (1996). 7 Id. * This finding is based solely on the representations of Telenois in its rate filings. 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. 12725 Federal Communications Commission DA 96-1643 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the complaint referenced herein against the June 1, 1996 CPST rate increase charged by TCI of Illinois, d/b/a/ Telenois, Inc. in the community referenced above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau 12726