Federal Communications Commission DA 96-1882
Before the
Federal Communications Commission 
Washington. D.C. 20554
In the Matter of )
TCI Southeast, d/b/a/ )
District Cablevision, L.P. ). CUID No. DC0002 (District of Columbia)
Complaint Regarding )
Cable Programming Services Tier )
Rate Increase )
ORDER
Adopted: November 12, 1996 Released: November 13,1996
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 Southeast, d/b/a/ District Cablevision, L.P. ("TCI") for its cable programming services tier 
("CPST") in the District of Columbia, This Order addresses only the reasonableness of TCFs 
rate increase of $3.67 that became effective on June 1, 1996.' We conclude that TCI's June 1, 
1996 CPST rate increase is not unreasonable.
2. The Communications Act2 authorizes the Federal Communications Commission 
("Commission") 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
' The Commission also received valid CPST complaints on November 16, 1993, February 18, 1994, February 
22, 1994 and February 28, 1994 against TCI's CPST rate in the above referenced community. These complaints 
were incorporated in the TCI Communications, Inc. Resolution and it is therefore not necessary to address these 
complaints in this Order. See TCI Communications, Inc., FCC 96-187 (released April 26, 1996). The Commission 
also has already issued a separate order addressing the reasonableness of TCI's rates prior to the TCI 
Communications. Inc. Resolution. See, District Cablevision, 9 FCC Red 7167 (1994).
; Communications Act, Section 623(c), as amended. 47 U.S.C. Section 543(c)(3) (1996).
1 See 47 U.S.C. Section 543(c) (1993).
' Telecommunications Act of 1996, Pub. L. No. 104-104. 110 Stat. 56 (February 8, 1996) ("1996 Act").
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Federal Communications Commission DA 96-1882
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 CPST rate complaint unless it 
receives more than one subscriber complaint within 90 days after such increase becomes effective.
3. The Government of the District of Columbia, Office of Cable Television 
("District") filed a complaint on August 26, 1996 regarding the June 1. 1996 increase in TCFs 
CPST rate in the District of Columbia. The District has certified that it has received subscriber 
complaints and has complied with the Interim Rules." TCI submitted FCC Form 1240 to justify 
the rate increase that went into effect June 1, 1996.
4. In reviewing TCI's FCC Form 1240 filing we found that TCI did not include the 
changes for external costs and the inflation in a timely manner under 47 C.F.R § 76.922 (c)(3)7 
on its previous FCC Form 1210 filing. Therefore, we adjusted the Current Maximum Permitted 
Rate (Line Al. Tier 2) on TCI's FCC Form 1240. This resulted in a correction to TCI's claimed 
Maximum Permitted Rate for Projected Period (Line 19, Tier 2).8 Upon review of the record 
herein, we conclude that notwithstanding our adjustments. TCI has justified its June 1, 1996 rate 
increase of $3.67." On its next filing of FCC Form 1240. however, TCI shall adjust its Current 
Maximum Permitted Rate (Line Al, Tier 2) consistent with this Order.
5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's 
rules, 47 C.F.R. § 0.321, that TCI Southeast, d/b/a/ District Cablevision, L.P/s CPST rate 
increase of $3.67 which went into effect on June 1. 1996, in the District of Columbia. CUID 
DC0002, IS NOT UNREASONABLE..,
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
' See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Red 
5937 ("Interim Rules").
' See FCC Form 329 complaint filed by the District dated August 16, 18, 1996 to TCI: see also letter from TCI 
to the District dated August 9, 1996.
In this instance, TCI's filing is defective in that it includes changes for the period July I. 1994 through March 
31, 1995. Changes occurring over that period were not eligible to be included in TCI's rates at June I. 1996, the 
effective date of the rates under consideration.
" Information regarding the specific adjustments made to TCI's FCC 1240 filing can be found in the public 
files for CUID No. DC0002, which is available in the Cable Services Bureau's public reference room, or through 
the Commission's copy contractor, International Transcription Services (ITS), 1919 M Street N.W., Washington, DC, 
20554, or by calling ITS at (202) 857-3800.
'' This finding is based solely on the representations of TCI. 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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increase charged by TCI Southeast, d/b/a/ District Cablevision, L.P. in the District of Columbia, 
CUID DC0002. IS DENIED.
7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's 
rules, 47 C.F.R. § 0.321, that TCI Southeast, d/b/a/ District Cablevision, L.P. in the District of 
Columbia, CUID DC0002, revise its calculation of its maximum permitted CPST rate in its next 
FCC Form 1240 filing.
FEDERAL COMMUNICATIONS COMMISSION
Elizabeth W. Beaty
Chief, Financial Analysis and Compliance Division
Cable Services Bureau
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