FCC Web Documents citing 76.922

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1291A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1291A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1291A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). 47 C.F.R. �76.922. See Letter dated May 18, 1994 from Alton C. Rye, Vice-President, Regional Operations, Sammons Communications of New Jersey, Inc. to the Federal Communications Commission. The Commission's rules provide for a refund liability deferral period beginning May 15, 1994 and ending July 14, 1994, if timely requested by Operator, for any overcharges resulting from Operator's calculation of a new MPR on
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  • complaint was filed with the Federal Communications Commission on January 3, 1994. See In the Matter of Cencom Cable Entertainment, Inc., 10 FCC Rcd 6037 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1554A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1554A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1554A1.txt
  • reasonable profit, computed in accordance with Commission requirements. As Maryland Cable points out, costs change over time. To ensure that subscriber charges comply with the actual cost standard, the Commission requires operators to submit a Form 1205 annually, even if the operator does not change its selected rates. If the cable operator uses the annual rate adjustment method in section 76.922(e) of the Commission's rules for its basic service tier, as Maryland Cable did, it must file Form 1205 on the same date it files its Form 1240, and the review procedure in section 76.933(g) applies to both forms. The City was not required to issue a rate order if it had no problem with the rates, but if it disapproved
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2748A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2748A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2748A1.txt
  • Stanton (DCCC) (Jan. 14, 1999) at 2 and attachments to Attachment D (letter from Kenna (Comcast) to Stanton (Apr. 8, 1997)). City Opposition at 12. See Comcast Appeal, Exhibit 4, Letter from Stanton to Booth and Nathan (Comcast) (Jan. 7, 1999). The true-up on the 1998 Form 1240 overlapped the projected period on the 1997 Form 1240. 47 C.F.R. � 76.922(e)(3). FCC Form 1240 Instructions at 4. Annual Rate Adjustment System: Request for Waiver FCC Form 1240, DA 96-1084 Corrected, 11 FCC Rcd 16297 (Cab. Serv. Bur. 1996) (``Waiver Order''), extending Annual Rate Adjustment System for Cable Service Rates: Request for Waiver of Requirements Contained in the Thirteenth Order on Reconsideration, 11 FCC Rcd 10235 (Cab. Serv. Bur. 1996), to all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-62A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-62A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-62A1.txt
  • Cable Of New Jersey, Inc, 13 FCC Rcd 21788 (1998). Communications Act, Section 623(c), as amended, 47 U.S.C. � 543(c) (1996). 47 U.S.C. � 543(c), which establishes the criteria for Commission regulation of the cable programming service tier, does not apply to cable programming services provided after March 31, 1999. See 47 U.S.C. � 543(c)(4) (1996). See 47 C.F.R. � 76.922 (1997). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1460A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1460A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1460A1.txt
  • Bureau Cencom Cable Television, Appeal of Local Rate Order (``Temple City Appeal''), Exhibit 1, City of Temple City Local Resolutions No. 95-3449, 95-3450 (Sept. 14, 1995); Cencom Cable Television, Appeal of Local Rate Order (``Walnut Appeal''), Exhibit A, City of Walnut Local Resolutions No. 4030, 4031 (Jul. 28, 1995). 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(3); 47 C.F.R. � 76.923(a)(2). 47 C.F.R � 76.922(d), (e), (f). 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Report and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631, 5731-32 (1993) ("Rate Order"), Third Order on Reconsideration, 9
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1795A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1795A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1795A1.txt
  • Commission's Rules, 47 C.F.R. � 76.957. First Order at � 9e. See also, Public Notice, Questions and Answers on Cable Television Rate Regulation, Question 1 (released June 1, 1994). Operator elected to defer refund liability for overcharges associated with its FCC Form 1200, for the period May 15, 1994 through July 14, 1994, pursuant to the Commission's rules, 47 C.F.R. �76.922(b)(6)(ii). See Second Order at n. 27. Therefore Operator's refund liability for the FCC Form 1200 period does not begin until July 15, 1994. Federal Communications Commission DA 01-1795 Federal Communications Commission DA 01-1795 N O P � � � � � � @& @& � ` @ �B* �B* �0� �0� �0� �0� �0� �0� �0� �`� �0�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1797A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1797A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1797A1.txt
  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 01-1797 Federal Communications Commission DA 01-1797 � @& �0� �0� �0� �0� �0� �0� ��� " " t" xTru� �.E EXg �.E �," ID="{E9A99216-2A67-11D5-915F-DE9BB052CD07}" Document=ThisDocument/&H00000000 HelpFile="C:\Program Files\Dymo Label\Dymolbl.hlp" Name="Project" HelpContextID="0" CMG="1012F1F7F5F7F5F7F5F7F5" DPB="3634D733DB7F0080008000" GC="5C5EBD19C53EC63EC6C1" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 [Workspace] ThisDocument=0, 0, 0, 0, C ����
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1810A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1810A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1810A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. See In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Ninth Order on Reconsideration, 11 FCC Rcd 1151 at � 12 (1996) ("Ninth Reconsideration Order"). See 47 C.F.R. �76.922(g)(1). Operators must elect between the "markup
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1811A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1811A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1811A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. See In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Ninth Order on Reconsideration, 11 FCC Rcd 1151 at � 12 (1996) ("Ninth Reconsideration Order"). See 47 C.F.R. �76.922(g)(1). Operators must elect between the "markup
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1812A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1812A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1812A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. See In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Ninth Order on Reconsideration, 11 FCC Rcd 1151 at � 12 (1996) ("Ninth Reconsideration Order"). See 47 C.F.R. �76.922(g)(1). Operators must elect between the "markup
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1813A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1813A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1813A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. 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 appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1814A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1814A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1814A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. See In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Ninth Order on Reconsideration, 11 FCC Rcd 1151 at � 12 (1996) ("Ninth Reconsideration Order"). See 47 C.F.R. �76.922(g)(1). Operators must elect between the "markup
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2094A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2094A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2094A1.txt
  • Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau The complaint against Operator's CPST rate in the community referenced above was filed on March 17, 1995. Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 C.F.R. Section 76.956. See 47 C.F.R. Section 76.957. 47 C.F.R. �76.922. Id. This finding is 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2125A1.txt
  • term "Operator" includes Operator's successors and predecessors in interest. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Commission's rules provide for a refund liability deferral period beginning May 15, 1994 and ending July 14, 1994, if timely requested by Operator, for any overcharges resulting from Operator's calculation of a new MPR on the FCC Form 1200. See 47 C.F.R. � 76.922 (b)(6)(ii). Operator included copies of the letters along with its Petitions. Operator cites
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2143A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2143A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2143A1.txt
  • term "Operator" includes Operator's successors and predecessors in interest. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. See letter dated October 22, 1999 from Daniel J. White, Director of Operations Analysis, Bresnan Communications. 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 appropriate action. This Order is not to be construed as a finding that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2144A1.txt
  • term "Operator" includes Operator's successors and predecessors in interest. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. In response to the complaint, Operator requested that we review only the increase for the channels added on February 1, 1995. Operator claimed that the previous rate was not regulated, and Operator should be treated as an unregulated operator. (See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2149A1.txt
  • of Rockland, DA 96-802, 11 FCC Rcd 19207 (1996). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Federal Communications Commission DA 01-2149 Federal Communications Commission DA 01-2149 � " � @& @& � ` @ �B* �B* � �0� �0� �0� �0� �0� �0� �0� �`� �0� � � t" xTru� �.E z @BP\VBE\ E EXg �.E ID="{92F46770-A848-11D5-915F-80E0CE912E3E}" Document=ThisDocument/&H00000000 HelpFile="C:\Program Files\Dymo Label\Dymolbl.hlp" Name="Project" HelpContextID="0" CMG="CCCE04200CD210D210D210D210" DPB="82804AFE01FF01FF01" GC="383AF003F103F1FC" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 [Workspace] ThisDocument=0, 0,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2150A1.txt
  • Intercable, Inc., DA 97-1048, 12 FCC Rcd 23309 (1997). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Federal Communications Commission DA 01-2150 Federal Communications Commission DA 01-2150 N O P P Q P Q @& @& � ` @ �B* �B* � �0� �0� �0� �0� �0� �0� �0� �`� �0�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2239A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2239A1.txt
  • the digital context; and channel positioning for digital signals. The new and amended rule sections contained information collection requirements that required approval from the Office of Management and Budget (``OMB'') before they could become effective. OMB approved the information collection requirements on September 14, 2001 (see OMB No. 3060-0844). Accordingly, the revised provisions of Sections 76.5(b), 76.56(e), 76.57, 76.62, 76.64, 76.922, and 76.1603(c) became effective upon publication of the notice of OMB approval in the Federal Register on September 25, 2001 (66 FR 48981). Media Contact: Michelle Russo 202-418-2358 Cable Services Bureau Contact: Eloise Gore 202-418-7200, TTY 202-418-7172. -- FCC -- PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202
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  • COMMUNICATIONS COMMISSION 445 12TH STREET, SW WASHINGTON, D.C. 20554 DA 01-2302 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov CABLE SERVICES BUREAU ACTION October 4, 2001 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Under Commission rules, cable operators may adjust the non-external cost portion of their rates for inflation, 47 C.F.R. � 76.922 (d) (2) and � 76.922 (e) (2). For operators filing FCC Form 1210, an annual adjustment may be made based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. For operators filing FCC Form 1240, an adjustment may be made based on quarterly figures. All adjustments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2413A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2413A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2413A1.txt
  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. 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 appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation
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  • rates charged by Operator in the community referenced above, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau The term "Operator" includes Operator's successors and predecessors in interest. Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. 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 appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation or argument
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  • Cable Services Bureau, stating the cumulative refund amount determined (including franchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan. Operator calculated a total refund liability of $5,507.18. Operator's refund plan included an adjustment for changes in external costs in accordance with 47 C.F.R. � 76.922(f)(4); In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). Federal Communications Commission 00-XXXX Federal Communications Commission DA 01-2589 E � � �0� �0� �0� �0� �0� �0� �0�
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  • Cable Services Bureau, stating the cumulative refund amount determined (including franchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan. Operator calculated a total refund liability of $35,699.71. Operator's refund plan included an adjustment for changes in external costs in accordance with 47 C.F.R. � 76.922(f)(4); In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). Federal Communications Commission 00-XXXX Federal Communications Commission DA 01-2606 F � � �0� �0� �0� �0� �0� �0� �0�
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  • Cable Services Bureau, stating the cumulative refund amount determined (including franchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan. Operator calculated a total refund liability of $14,539.09. Operator's refund plan included an adjustment for changes in external costs in accordance with 47 C.F.R. � 76.922(f)(4); In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). Federal Communications Commission 00-XXXX Federal Communications Commission DA 01-2607 Q � �0� �0� �0� �0� �0� �0� �0� �`�
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  • Cable Services Bureau, stating the cumulative refund amount determined (including franchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan. Operator calculated a total refund liability of $7,700.83. Operator's refund plan included an adjustment for changes in external costs in accordance with 47 C.F.R. � 76.922(f)(4); In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). Federal Communications Commission 00-XXXX Federal Communications Commission DA 01-2630 G � � �0� �0� �0� �0� �0� �0� �0�
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  • Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 01-2651 Federal Communications Commission DA 01-2651 � � � � @& t" xTru� �.E EXg �.E �," ID="{E9A99216-2A67-11D5-915F-DE9BB052CD07}" Document=ThisDocument/&H00000000 HelpFile="C:\Program Files\Dymo Label\Dymolbl.hlp" Name="Project" HelpContextID="0" CMG="191BF8F8FCF8FCF8FCF8FC" DPB="3230D308ED09ED09ED" GC="4B49AA33C234C2343D" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 [Workspace] ThisDocument=0, 0, 0, 0, C ����
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  • Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 01-2652 Federal Communications Commission DA 01-2652 � � � � � � � � @& � � t" xTru� �.E EXg �.E �," ID="{E9A99216-2A67-11D5-915F-DE9BB052CD07}" Document=ThisDocument/&H00000000 HelpFile="C:\Program Files\Dymo Label\Dymolbl.hlp" Name="Project" HelpContextID="0" CMG="0B09EA2AAE2EAE2EAE2EAE2E" DPB="CBC92A6AEB6BEB6BEB" GC="8B896AAA2BAB2BABD4" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 [Workspace] ThisDocument=0, 0, 0, 0, C ����
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  • 11 FCC Rcd 8027 (1996). 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). 47 C.F.R. �76.956. 47 C.F.R. �76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. 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 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
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  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator included revised forms with its Petition, in conformance with our bifurcated methodology for treating the Time Warner Social Contract Dollar. See, for example, In the Matter of Time Warner Cable, 13 FCC Rcd 17319 (1998). This cable system was previously owned by Time Warner Cable and was included in the Social Contract for Time Warner, 11
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  • 10 FCC Rcd 5147 (1995). 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). 47 C.F.R. �76.956. 47 C.F.R. �76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. 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 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
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  • Cable Company, DA 97-155, 12 FCC Rcd 1009 (1997). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. We did not discuss this issue directly in our Prior Order, instead we referred to a previous Order, DA 96-266, in which we had already discussed this same system's rate filings. See In the Matter of TKR Cable Company, DA 96-266, 113498 (1996). That order was amended by TKR Cable Company, DA 01-2149 (released September 14, 2001).
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  • Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau On July 6, 2000, the Federal Communications Commission received notification, pursuant to 47 C.F.R. � 76.400, of a change of ownership to Highland Prestige of Georgia, Inc. 47 C.F.R. �76.933(d). See Letter dated February 10, 1995 from Jacqueline Spindler, Deputy Chief, Consumer Protection Division, Cable Services Bureau. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
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  • Enforcement Pending Review (May 19, 1999); City Opposition to Petition for Stay of Enforcement Pending Review (June 3, 1999); Falcon Reply to Opposition to Petition for Stay of Enforcement Pending Review (June 11, 1999). In light of our action on the merits, the stay request is dismissed as moot. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(3); 47 C.F.R. � 76.923(a)(2). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Report and Order and Further Notice of Proposed Rulemaking, Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC Rcd 4119 (1994) ("Second Reconsideration Order"); FCC Form 1200, Setting
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  • Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). 47 U.S.C. �543 (c) (3) (1995). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, First Order on Reconsideration, Second Report and Order, and Third Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 1164 at n.314 (1994). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. See Letter dated June 13, 1994 from Trudi McCollum-Foushee, Vice President-Legal, Crown Media to the Federal Communications Commission. The Commission's rules provide for a refund liability deferral period beginning May 15, 1994 and ending July 14, 1994, if timely requested by Operator, for any overcharges resulting from Operator's calculation of a new
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  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 01-893 Federal Communications Commission DA 01-893 7 8 @& �0� �0� �0� �0� �0� �0� ��� t" xTru� �.E z @BP\VBE\ E EXg �.E �," ID="{E9A99216-2A67-11D5-915F-DE9BB052CD07}" Document=ThisDocument/&H00000000 HelpFile="C:\Program Files\Dymo Label\Dymolbl.hlp" Name="Project" HelpContextID="0" CMG="A6A4479D47AD5BB15BB15BB15BB1" DPB="BEBC5F856F858686868686" GC="D6D437AD57DD6EDE6EDE91" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 [Workspace] ThisDocument=0, 0, 0, 0, C ����
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. See, for example, In the Matter TCI of Illinois d/b/a Telenois, Inc., DA 01-1468, 16 FCC Rcd 12654 (CSB 2001). Federal Communications Commission DA 02-1048 Federal Communications Commission DA 02-1048 � � �
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  • of Sammons Communications, Inc., DA 95-301, 10 FCC Rcd 3813 (CSB 1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. � 543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. � 76.922(b)(6)(ii). Operator filed a refund liability deferral letter with the Commission dated May 18, 1994. See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. �76.922(b)(6)(ii). (...continued from previous page) (continued....) Federal Communications Commission DA 02-1049 Federal Communications Commission DA
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  • Marcus Cable Partners, LP, DA 98-2442, 13 FCC Rcd 23411 (CSB 1998). Prior Order at n. 2. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. �76.922. Id. Id. Id. See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. Section 76.922(b)(6)(ii). See Letter dated August 12, 1994 to the Federal Communications Commission from Trudi McCollum Foushee, Vice President, Crown Cable Law and Regulatory Affairs. See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. � 76.922 (b)(6)(ii). Because Operator's refund liability
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  • Company, DA 99-1779 (CSB released September 7, 1999). Prior Order at n. 1. The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. See In the Matter of Bresnan Communications Company, DA 02-340
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  • Company, DA 99-1779 (CSB released September 7, 1999). Prior Order at n. 1. The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. See In the Matter of Bresnan Communications Company, DA 02-340
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  • Company, DA 99-1779 (CSB released September 7, 1999). Prior Order at n. 1. The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. See In the Matter of Bresnan Communications Company, DA 02-340
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  • Section 76.956 of the Commission's Rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See In the Matter of Cencom Cable Income Partners II, LP, 12 FCC Rcd 7948 (1997). 8 FCC Rcd 5631 (1993). Cencom at � 22 (footnote omitted). See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. In the Matter of Sammons Communications, Inc., DA 95-307, 10 FCC Rcd 3824 (CSB 1995). See In the Matter of Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997). 8 FCC Rcd 5631 (1993). Cencom at �22 (footnote omitted). See In the Matter of Time Warner Cable,
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  • Inc., DA 95-309, 10 FCC Rcd 3852 (CSB 1995). Id. at n. 1. The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. The Cable Services Bureau included this time period in its refund plan calculation for DA 95-303. See In the Matter of Marcus Cable Associates, LP, DA 99-1906,
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  • Inc., DA 95-303, 10 FCC Rcd 3816 (CSB 1995). Id. at n. 1. The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. The Cable Services Bureau included this time period in its refund plan calculation for DA 95-303. See In the Matter of Marcus Cable Associates, LP, DA 99-1906,
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  • by � 0.283 of the Commission's rules. 47 C.F.R. � 0.283. FEDERAL COMMUNICATIONS COMMISSION Steve Broeckaert Acting Chief, Policy Division Media Bureau Azusa (Resolution No. 97-C140). Duarte (Resolution No. 97-40). Norwalk (Resolution No. 4546). In light of our action on the merits, we dismiss the stay requests as moot. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5731-32 (1993) ("Rate Order"), 9 FCC Rcd 4316, 4346 (1994) ("Third Reconsideration Order"). Charter Communications Entertainment II, L.P. and Long Beach Acquisition Corp., 13 FCC Rcd 8506 (1998). Marcus Cable Associates, L.P.
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, MM Docket No. 92-266, 11 FCC Rcd 388 (1996). FCC Form 1240 Instructions at p. 12 (July 1996). Federal Communications Commission DA 02-1691 Federal Communications Commission DA 02-1691
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator calculated a total refund liability of $131,622.03. Operator's refund liability extends from the date of the first valid complaint, February 2, 1998, through December 31, 1998. (...continued from previous page) (continued....) Federal Communications Commission DA 02-1695 Federal Communications Commission DA 02-1695 � � �@��� @& �
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  • of Post-Newsweek Cable, Inc., DA 95-2168, 10 FCC Rcd 11559 (CSB 1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. � 543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 02-1696 Federal Communications Commission DA 02-1696 W X @&
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  • of Marcus Cable Associates, LP, DA 97-2102, 13 FCC Rcd 7071 (CSB 1998). The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. Operator's Amended Refund Plan, which we review herein, includes this time period in its refund calculation for Order, DA 95-781. Communications Act, Section 623(c), as amended, 47
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. �76.922. Id. Id. Id. See In the Matter of Time Warner Cable, FCC 99-217, 14 FCC Rcd 13760 (1999). See In the Matter of Social Contract for Time Warner, 11 FCC Rcd 2788 (1996). See, e.g. In the Matter of Time Warner Cable, DA 98-1826, 13 FCC Rcd 19534 (CSB 1998). These findings are
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  • �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. See 47 C.F.R. � 76.922(b)(6)(ii). Id. In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). In the Matter of Cencom Cable Income Partners II, LP, FCC 97-205, 12 FCC
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. �76.922. Id. Id. Id. Federal Communications Commission DA 02-1703 Federal Communications Commission DA 02-1703 s ��� s t �@��� � � ` @ s
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  • �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Id. In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). Federal Communications Commission DA 02-1704 Federal Communications Commission DA 02-1704 C C D � � " �
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  • �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996). The Commission made clear that the fact that an
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Federal Communications Commission DA 02-1707 Federal Communications Commission DA 02-1707 K L �� � � ` @
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. �76.922. Id. Id. Id. Federal Communications Commission DA 02-1708 Federal Communications Commission DA 02-1708 � � � �@��� � � ` @
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. �76.922. Id. Id. Id. Federal Communications Commission DA 02-1712 Federal Communications Commission DA 02-1712 4 5 �@��� � � ` @
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  • Rate Order of the City of Duluth, Georgia IS GRANTED and said local rate order is IS HEREBY VACATED. This action is taken pursuant to authority delegated by � 0.283 of the Commission's rules. 47 C.F.R. � 0.283. FEDERAL COMMUNICATIONS COMMISSION Steven Broeckaert Acting Chief, Policy Division Media Bureau 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(3); 47 C.F.R. � 76.923(a)(2). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994) ("Second Reconsideration Order"); FCC Form 1200, Setting Maximum Initial Permitted Rates for Regulated Cable Services Pursuant to Rules Adopted February 22, 1994. Operators may also elect to justify rates with
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. See Second Order at n. 18, citing Marcus Cable Associates, LP, DA 98-2308, 13 FCC Rcd 22314 (CSB 1998) ("Form 1235 Order"). Form 1235 Order at � 6, n. 15. See FCC Form 1235 Instructions at p. 8, requiring that the subscriber count reflect the number of subscribers at
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  • 47 U.S.C. �543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See In the Matter of Jones Growth Partners, II, LP, DA 99-1344, 14 FCC Rcd 10626 (CSB 1999). Cable operators may justify their rates through a cost of service showing using FCC Form 1220. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996). (...continued from previous page) (continued....) Federal Communications Commission DA 02-2162 Federal Communications Commission DA 02-2162 r u v @& � �
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  • for reasons other than the availability of a more accurate inflation figure, e.g., because the operator failed to provide correct information in its rate justification or failed to complete its rate justification form correctly, the Bureau recalculates the maximum permitted rate using the most accurate inflation information available, rather than earlier estimates. This practice is consistent with 47 C.F.R. � 76.922(b) (9) (iii), which provides: [I]f the rates charged by a cable operator are not justified by an analysis based on the data available at the time it initially adjusted its rates, the cable operator must adjust its rates in accordance with the most accurate data available at the time of the analysis. [footnotes in original] 6. Because the Cable Services
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  • �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. See 47 C.F.R. � 76.922 (b) (6) (ii). 47 C.F.R. � 76.922 (b) (6) (ii). Se also Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. The Cables Services Bureau concluded that "[t]he instructions for FCC Form 1200, Line G5 require the entry of equipment revenue information `for the last whole monthly billing period ending on or before September 30, 1992.' [footnote omitted] In contrast the relevant instructions for FCC Form 393 direct cable operators to calculate
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  • �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. See 47 C.F.R. � 76.922(b)(6)(ii). Id. In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). In the Matter of Cencom Cable Income Partners II, LP, FCC 97-205, 12 FCC
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  • Cable Services Bureau, stating the cumulative refund amount determined (including franchise fees and interest), describing the calculation thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan. Operator calculated a total refund liability of $8,004.01. Operator's refund plan included an adjustment for changes in external costs in accordance with 47 C.F.R. � 76.922(f)(4); In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). Federal Communications Commission 00-XXXX Federal Communications Commission DA 02-253 � (c) � � � � � � � �
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  • C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. The Commission's rules provide for a refund liability deferral period, if timely requested by an operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from the operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). However, an operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. Our review of the FCC Form 393 reveals that Operator did not charge in excess of its maximum FCC 393 rate between May 15, 1994 and July 14, 1994. See also In
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  • Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. See In the Matter of Suburban Cable TV Company, Inc., DA 00-1060, 15 FCC Rcd 8148 (2000). Federal Communications Commission DA 02-292 Federal Communications Commission DA 02-292 �0� �0� �0� �0� �0� �0� �0� �`� �0� tm tm
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  • of Action, DA 95-1235, 10 FCC Rcd 6567 (1995.96). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Federal Communications Commission DA 02-335 Federal Communications Commission DA 02-335 � � &`#$ @& @& � ` @ �B* �B* $ � & ' & '
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  • the Federal Communications Commission received notification, pursuant to 47 C.F.R. � 76.400, of a change of ownership to Teleview, Inc. The term "Operator" includes Operator's successors in interest. See Section 76.933(d) of the Commission's Rules, 47 C.F.R. � 76.933(d). See Letter from Jacqueline Spindler, Deputy Chief, Consumer Protection Division, Cable Services Bureau to Dr. John Raber, City Mayor. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
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  • recent complaint was filed against Operator's September 1995 CPST rate. See In the Matter of Bresnan Communications Company, 10 FCC Rcd 3967 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. 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 appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation or
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  • rate increase, rather than filing an FCC Form 1200 and updating that form to justify the CPST rate complained about. Because Operator did not file an FCC Form 1200 with the Commission and use an FCC Form 1200 to calculate its starting rate on Line A1 of the FCC Form 1240, Operator is not entitled to an adjustment under Section 76.922(f)(4) of the Commission's rules. 5. Operator argues that the Commission should assume that the actual CPST rate that Operator entered as the starting rate on its FCC Form 1240 was correctly calculated using the FCC Form 1200 as a starting point. The purpose of ending regulatory review of an operator's entire rate structure was to reduce the regulatory burden on
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  • (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Section 76. 956 of the Commission's Rules, 47 C.F.R. �76.956. See Section 76. 957 of the Commission's Rules, 47 C.F.R. �76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. In our review, we allowed Operator full credit for the inflation adjustment factors that Operator was entitled to claim for each period under review. As a result of our analysis, we concluded that Operator's February 1, 1996 CPST rate increase was reasonable. (...continued from previous page) (continued....) Federal Communications Commission DA 02-443 Federal Communications Commission DA 02-443
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Section 76.956 of the Commission's rules 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. See Section 76.922 (g) (3) of the Commission's rules, 47 C.F.R. � 76.922 (g) (3). Prior Order at n. 13. We ordered Operator to take into account our FCC Form 1240 adjustments when performing the true-up calculation on its next FCC Form 1240. Id. at � 9. See Implementation
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  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 02-474 Federal Communications Commission DA 02-474 + , � @& �0� �0� �0� �0� �0� �0� ��� � � t" xTru� �.E EXg �.E �," ID="{E9A99216-2A67-11D5-915F-DE9BB052CD07}" Document=ThisDocument/&H00000000 HelpFile="C:\Program Files\Dymo Label\Dymolbl.hlp" Name="Project" HelpContextID="0" CMG="3331D2210125012501250125" DPB="66648776899ABD9BBD9BBD" GC="999B787D797D7982" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 [Workspace] ThisDocument=0, 0, 0, 0, C ����
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  • 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Section 76.956 of the Commission's rules 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator filed as an unregulated operator in accordance with Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, MM Docket No. 92-266, 11 FCC Rcd 388 (1996). Operator calculated a total refund liability of $44,338.05. (...continued from previous
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  • (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Section 76. 956 of the Commission's Rules, 47 C.F.R. �76.956. See Section 76. 957 of the Commission's Rules, 47 C.F.R. �76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. See Section 1.106 of the Commission's rules 47 C.F.R. � 1.106. (...continued from previous page) (continued....) Federal Communications Commission DA 02-522 Federal Communications Commission DA 02-522 U V @& �0� �0� �0� �0� �0� �0� ���
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  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 02-536 Federal Communications Commission DA 02-536 � � � � @&
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  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. In our Prior Order, we accepted Operator's request for refund liability deferral until July 15, 1994. However, if there is no refund liability as of May 15, 1994, based on the FCC Form 1200 MPR, then there is no need for deferral. (...continued from previous page) (continued....) Federal Communications Commission DA 02-539 Federal Communications Commission DA 02-539
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  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, MM Docket No. 92-266, 11 FCC Rcd 388 (1996). Id. at � 162. Federal Communications Commission DA 02-632 Federal Communications Commission DA 02-632 : ; @& @& � ` @ �B* �B* �|� ! 1 A Q
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  • Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. Id. . See Section 76.957 of the Commission's rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. In the Matter of Bethel Park TV Cable Company d/b/a Adelphia Cable Communications, DA 98-748, 13 FCC Rcd 8458 (1998). Prior Order at n. 14. Id. Federal Communications Commission DA 02-635 Federal Communications Commission DA 02-635 � � � @& @& � ` @ �B* �B* �|� ! 1 A Q a q � ` � �
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  • for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Cable Services Bureau In the Matter of Mid-Atlantic CATV Limited Partnership, DA 94-1147, 9 FCC Rcd 7204 (1994). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that an operator has incurred costs does not necessarily establish its
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  • 2002, Operator requested that we treat its application as a petition for reconsideration. In the Matter of Charter Communications, DA 97-882, 13 FCC Rcd 1281 (1998). 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's rules, 47 C.F.R. � 76.922. Id. Id. Id. In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (1997). In the Matter of Cencom Cable Income Partners II, LP, 12 FCC Rcd 7948 (1997). See Public Notice "Cable Services Bureau Announces Policy Regarding Inflation Adjustment on Form 393," DA 95-999 (1995). (...continued from
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  • the CPST rates charged by Operator in the community referenced above ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau The term "Operator" includes Operator's successors in interest. See In the Matter of Falcon Holding Group, Inc., DA 95-1048, 10 FCC Rcd 7944 (1995). Prior Order at n. 1. See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. � 76.922(b)(6)(ii). See letter from Joe A. Johnson, Senior Vice President, Falcon Cable TV. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section
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  • the CPST rates charged by Operator in the community referenced above ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau The term "Operator" includes Operator's successors in interest. See In the Matter of Falcon Holding Group, Inc., DA 95-1048, 10 FCC Rcd 7944 (1995). Prior Order at n. 1. See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. � 76.922(b)(6)(ii). See letter from Joe A. Johnson, Senior Vice President, Falcon Classic Cable. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's rules, 47 C.F.R. �76.956. See Section 76.957 of the Commission's rules, 47 C.F.R. �76.957. See Section
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  • the Matter of LaFayette Cable TV Company, DA 98-2279, 13 FCC Rcd 22265 (1998). The Commission's rules provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on the FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). While the liability period for Operator's overcharges associated with its FCC Form 1200 filing may not begin to run until July 15, 1994, Operator will incur refund liability between May 15, 1994 and July 14, 1994 for any CPST rates charged above the maximum permitted rate approved by the Commission using Operator's FCC Form 393. Operator included these overcharges in
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  • includes projections of reasonably certain and quantifiable cost changes in its rate computation. In the next rate filing, the operator trues up any disparities between those projections and the actual costs experienced, calculates interest on the disparity, and adjusts its new rates accordingly. If this true-up adjustment shows there were undercharges, the operator may elect to defer recovery, but section 76.922(e)(3)(iii) of the Commission's rules provides that the interest will cease to accrue as of the date the operator is entitled to make the annual rate adjustment. The Commission explained, ``This policy will give operators the flexibility to delay rate increases without losing the opportunity to recover interest on costs that accrued due to circumstances beyond their control. At the same
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  • City of Pittsburgh, Pennsylvania ARE REMANDED for further consideration consistent with this Memorandum Opinion and Order. 23. This action is taken pursuant to authority delegated by � 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau Resolution Nos. 215 and 216. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Implementation of Sections of the Cable Television Consumer Protection and Competition Act, Report and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631 (1993) (``Rate Order''); Third Reconsideration Order, 9 FCC Rcd 4316, 4346 (1994). 47 C.F.R. � 76.937(a). Rate Order at 5718. 47 C.F.R. � 76.936; see Ultracom of
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  • See Letter from Robert L. James, Esq., April 7, 2003. Petition at 3. Id. Id. Id. at 4. Id. The National Cable Television Association's Office of Cable Signal Theft estimates the average percentage of basic service tier theft at 11.5 % nationwide. See . See, e. g., Liberty Cablevision of Puerto Rico, 15 FCC Rcd 15064 (2000). 47 C.F.R. � 76.922. 47 C.F.R. � 76.923. Id. 47 C.F.R. �76.923(a)(2). 47 C.F.R. �0.321. (continued....) Federal Communications Commission DA 03-1200 Federal Communications Commission DA 03-1200 J K K � � @& � ` @ B* `J 0 ; �0 �0 �0 �0 �0 0 ; �o �o �o �o K ; �
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  • order on June 29, 1999, directing TCI to reduce its BST rate and make refunds as recommended by the consultant. 5. TCI filed a local rate appeal with the Commission on July 29, 1999, alleging that San Jose erred in reducing TCI's maximum permitted BST rate by failing to account for the ``residual'' credit for channel movement pursuant to section 76.922(g)(5) of the Commission's rules. TCI argues that it is entitled to a ``residual'' credit under section 76.922(g) and that the Commission never intended for the sunset provision in 76.922(g)(8) to apply beyond subsections (g)(3) and (g)(7). San Jose argues that all of section 76.922(g) expired on January 1, 1998 and section 76.922(g)(5) is therefore not applicable. 6. Subsequent to the
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  • BST in August and September, 1998, respectively. Moultrie also ordered refunds dating back to June 1, 1999 to recover the overcharge. 5. TCI-G filed a local rate appeal with the Commission on February 18, 2000, alleging that Moultrie erred in reducing TCI-G's maximum permitted BST rate by failing to account for the ``residual'' credit for channel movement pursuant to section 76.922(g)(5) of the Commission's rules. TCI-G argues that it is entitled to a ``residual'' credit under section 76.922(g) and that the Commission never intended for the sunset provision in 76.922(g)(8) to apply beyond subsections (g)(3) and (g)(7). Moultrie argues that TCI-G has moved channels from the CPST to the BST and although the residual for the moved channels to the BST
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  • 0.283. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau See 47 C.F.R. � 76.944; 47 U.S.C. � 543(b)(5)(B). Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5731-32 (1993) ("Rate Order"); 9 FCC Rcd 4316, 4346 (1994) ("Third Reconsideration Order"). Id. Id. 47 C.F.R. � 76.922(c) and (f). Id. at 2. Id. Id. See Exhibit C, December 6, 2001 Letter from TWC to the Town of Smithfield. Id. Id. at 3. Id. Id. Id. at 7-8. Id. at 4. Id. at 5. Id. at 5, 6. See TCI of Richardson, Inc., 14 FCC Rcd 11700, 11706 (CSB 1999). Id. Id. at 3-4. See Time Warner Cable
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  • that includes projections of reasonably certain and quantifiable cost changes in its rate computation. In a subsequent filing, the operator trues-up any disparities between those projections and the actual cost changes experienced, calculates interest on the disparity, and adjusts its new rates accordingly. If this true-up adjustment shows there were undercharges, the operator may elect to defer recovery, but section 76.922(e)(3)(iii) of the Commission's rules provides that interest will cease to accrue as of the date the operator is entitled to make the annual rate adjustment. 7. An operator computes the true-up adjustment by capturing actual costs on Module F of Form 1240 for the same rate segments it had used to project its MPR on Module I of its previous
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  • Jones Growth Partners d/b/a Jones Intercable, Inc., DA 96-1533, 11 FCC Rcd 10656 (CSB 1996). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See 47 C.F.R. � 76.922(f)(4); Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). See Appendix B of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11
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  • the present appeal is Docket No. CTV 01-4. Simultaneously with its appeal, Adelphia filed an Emergency Petition for Stay of Enforcement Pending Appeal of Rate Order (``Emergency Petition for Stay''). Since we are reviewing Adelphia's appeal on its merits, we are dismissing the Emergency Petition for Stay as moot. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd 5631 (1993), 9 FCC Rcd 4316, 4346 (1994) � 81. See Commission web page, http://www.fcc.gov/mb/mbform.html (visited June 24, 2003). Under 47 C.F.R. � 76.933(g)(2), if the franchising
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  • Local Rate Order, filed by Adelphia on June 26, 2003; Opposition of the City of Los Angeles, California to Adelphia's Appeal of Local Rate Order, filed on July 11, 2003; Reply to Opposition to Appeal of Local Rate Order, filed on July 21, 2003. 47 C.F.R. � 76.944(c) provides: ``An operator that uses the annual rate adjustment method under Section 76.922(e) may include in its next true up under Section 76.922(e)(3) any amounts to which the operator would have been entitled but for a franchising authority decision that is not upheld on appeal.'' Request at 14. Request at 14-15; Opposition at 12 & n.34. (...continued from previous page) (continued....) Federal Communications Commission DA 03-2554 Federal Communications Commission DA 03-2554 � �@���
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 03-3103 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 7, 2003 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210, may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240, may
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  • that actual rate changes may occur only at the end of the 90-day review period. None of them explicitly forbids actual rate changes at other times. Rather, the first rules the Cities cite merely create a procedure for a cable operator to file a Form 1240 at annual or longer intervals, and thus perhaps to justify a rate change. Section 76.922(e)(1), for example, states that ``operators . . . may not adjust their rates more than annually to reflect'' certain factors. This rule prohibits rate changes more frequently than once a year, but does not require that any change in the actual rate occur only at the end of the 90-day review period. Section 76.922(e)(2) states that a cable operator ``may
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  • of Continental Cablevision, ARE DISMISSED. 15. This action is taken pursuant to authority delegated by � 0.283 of the Commission's rules. 47 C.F.R. � 0.283. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau Identified locally as Resolutions Nos. 23-96 and 96-14, respectively. Appeal at 1. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Report and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631, 5731-32 (1993); Third Order on Reconsideration, 9 FCC Rcd 4316, 4346 (1994). Appeal at 1. Appeal Exhibit C at 2. Id.at 8. Id.
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  • Response at 2-3. Id. at 3. Id. Id. at 4. Id. Id. at 5. Id. at 5. Id. OCTV Response at 1. OCTV Response at 2. Id. See Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997). Communications Act � 623, 47 U.S.C. � 543. Communications Act � 623(b)(1), (3), 47 U.S.C. � 543(b)(1), (3); 47 C.F.R. �� 76.922, 76.923. Communications Act � 623 (b)(5)(B), 47 U.S.C. � 543(b)(5)(B); 47 C.F. R. � 76.944. See Cencom, 12 FCC Rcd 7948, 7958. See id. See Continental, 10 FCC Rcd 7569-70 (CSB 1995). Id. (continued....) Federal Communications Commission DA 03-3658 Federal Communications Commission DA 03-3658 �@��� �@��� ' ( ) * + + , . ? C I L [ \
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  • Strike directed at Comcast's Supplement. On November 13, 2003, Comcast filed an Opposition to Motion to Strike, to which the Township filed a Reply to Opposition and a second Motion to Strike on November 19, 2003. The latter filing drew an Opposition, filed by Comcast on December 3, 2003. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • Policy Division Media Bureau Resolution No. 98-R-9922. Resolution No. 99-R-10185. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5718-19, 5731-32 (1993) (``Rate Order''); Third Order on Reconsideration, 9 FCC Rcd 4316, 4346 (1994) ("Third Reconsideration Order"). 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Rate Order, 8 FCC Rcd 5631 (1993); Third Reconsideration Order, 9 FCC Rcd 4316, 4346 (1994). ``Forced relocate'' costs involve the relocation of Century's underground facilities. CSB-A-0587. CSB-A-0639. Appeal at 2; citing In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation
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  • 0.283. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau See 47 C.F.R. � 76.944; 47 U.S.C. � 543(b)(5)(B). Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5731-32 (1993) ("Rate Order"); 9 FCC Rcd 4316, 4346 (1994) ("Third Reconsideration Order"). Id. Id. 47 C.F.R. � 76.922(c) and (f). Appeal Petition at 1. Id. at 3. Id. As part of the annual rate change, the Commission's rules include a ``true-up'' mechanism which permits an operator to correct projected cost changes with actual cost changes associated with external costs, inflation, and the number of regulated channels. The true-up requires operators to decrease their rates or permits them to
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  • determination on maximum permitted Basic Service Tier (``BST'') rates or the ordering of refunds. The Ratepayer Advocate is an independent New Jersey State agency that represents the interests of utility consumers, including residential, business, commercial, and industrial entities, and participates in proceedings before the Board. Ratepayer Opposition at 2. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Implementation of Sections of the Cable Television Consumer Protection and Competition Act, Report and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631 (1993) (``Rate Order''); Third Reconsideration Order, 9 FCC Rcd 4316, 4346 (1994). 47 C.F.R. � 76.937(a). Rate Order at 5718. 47 C.F.R. � 76.936; see Ultracom of
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  • 76.937(a). See Third Reconsideration Order, 9 FCC Rcd at 4347-48. 47 C.F.R. � 76.936; see Falcon Telecable,15 FCC Rcd 52, 54 (CSB 1999); Ultracom of Marple, Inc., 10 FCC Rcd 6640, 6641-42 (CSB 1995); TCI-TKR of Northern Kentucky Inc., 11 FCC Rcd 17353,17365 (CSB 1996). See A-R Cable Services-ME Inc., 10 FCC Rcd 1783, 1784 (CSB 1995). 47 C.F.R. � 76.922(c) and (f). See Bresnan Communications, 15 FCC Rcd 12893, 12894 (CSB 2000). Id. Id. Appeal Petition at 3. Id. Id. Id. See Bresnan Communications Company (Bay City), 13 FCC Rcd 19615 (CSB 1998); 14 FCC Rcd 15230 (CSB 1999). Id. at 4. Mediacom indicates that it initially sought to justify its actual BST rate of $14.99 by referring to a
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  • programming vendors for all TCI systems, and these facts were explained last year in the rate making process. Finally, TCI also disputes the City's claim that its supporting documentation -- monthly invoices -- for Sneak and Prevue was insufficient because there were no contract agreements. In opposition, the City asserts that TCI did not establish the showing required by section 76.922(f)(6) of the Commission's rules for external costs. The City alleges that TCI failed to satisfy its burden by not furnishing information specifying how much F&V and PCNC charge non-TCI affiliated operators, and whether the price charged to TCI for each channel is the prevailing price of the program supplier or the fair market value. The City argues that TCI had
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  • Comsat Corp., 14 FCC Rcd 3065, 3079 (1999) � 38 & n.87, citing SEC v. Chenery Corp., 332 U.S. 194, 203 (1947) (``the choice made between proceeding by general rule or by individual, ad hoc litigation is one that lies primarily in the informed discretion of the administrative agency.''). 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • pursuant to authority delegated by � 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau TWC's effective competition petition was filed on July 1, 2002. See Alert Cable TV of North Carolina, Inc., D/B/A Time Warner Cable, 18 FCC Rcd 12848 (2003)(``Alert''). 47 U.S.C.� 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, 8 FCC Rcd 5631, 5731 (1993) (``Rate Order''); See also Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Third Order on Reconsideration, 9 FCC Rcd 4316, 4346 (1994). Rate Order at 5732. See Alert Cable
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  • City submitted an opposition making the following points: 1) Sammons has the burden of proving that its rates comply with Commission regulations and it has not carried its burden; 2) any misinformation in the City's calculation is attributable to Sammons withholding requested information or delaying the transfer of the information; 3) Sammons has not cited any specific violation of section 76.922 or 76.933 by the City; and 4) Sammons has overcharged customers and the City's refund order should be upheld. DISCUSSION Offset Sammons argues that the City's order would cause it to issue refunds that exceed its maximum liability because the order requires Sammons to adopt rates for equipment and installation significantly below those calculated by Sammons and disregards the inverse
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  • Rcd 733, 735 (CSB 1998); Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997); Falcon Cablevision, 13 FCC Rcd 16847 (CSB 1998). Id. See Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948, 7957 (1997). Id. Communications Act � 623, 47 U.S.C. � 543. Communications Act � 623(b)(1), (3), 47 U.S.C. � 543(b)(1), (3); 47 C.F.R. �� 76.922, 76.923. Communications Act � 623 (b)(5)(B), 47 U.S.C. � 543(b)(5)(B); 47 C.F. R. � 76.944. See Cencom, 12 FCC Rcd 7948, 7958. Id. (continued....) Federal Communications Commission DA 04-2079 Federal Communications Commission DA 04-2079 �@��� �@��� �@��� � � � � � � h8u h� @& U � � � � � 0 � <3� �S� � � 2p 8u
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  • the City in the proceedings below. The City does not specify what material it is objecting to, however, and we do not discern any material in Comcast's presentation that is new, surprising, and prejudicial to the City. Accordingly, we deny the City's objection. 47 U.S.C. �� 151 et seq. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 04-3238 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 13, 2004 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210, may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240, may
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  • as reflected in the invoices submitted to the City. TCI asserts that the invoices were the only documentation for Sneak and Prevue payment amounts. Thus, TCI argues that the City is attempting to penalize it for failing to provide documentation that does not exist. 8. In opposition, the City asserts that TCI did not establish the showing required by section 76.922(f)(6) of the Commission's rules for external costs, which provides that adjustments to permitted charges for the cost of programming purchased from affiliated programmers is permitted as long as the price charged to the affiliated system reflects either: 1) the prevailing company prices offered in the marketplace to third parties; or 2) the fair market value of the programming. The City
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  • Although the Cities of Colleyville and Flower Mound did not respond to Comcast's Petition, we will apply the points made in the foregoing pleadings to their cases. Reply of Comcast Cable Communications, LLC to Responses to Comcast's Petition for Partial Reconsideration & Clarification (``Reply''), filed on August 19, 2004. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd 5631 (1993), 9 FCC Rcd 4316, 4346 (1994) � 81. Comcast Cable of Indiana/Michigan/Texas, Inc (``Irving Order''), Order DA 04-2615 at � 11 (rel. Aug. 24, 2004),
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  • only to the rate period under review. Subsequent to this rate period, the Media Bureau determined that Operator was subject to effective competition in this community and revoked the LFA's certification to regulate basic cable service. See In the Matter of Charter Communications d/b/a/ Marcus Cable Associates, LLC, CSR 5915-E, DA 02-1919, 17 FCC Rcd 15491 (MB 2002). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). Federal Communications Commission DA 04-395 Federal Communications Commission
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  • ORDERED that Warner's Petition for Reconsideration IS GRANTED. This action is taken pursuant to authority delegated by � 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau Warner Cable Communications of Cincinnati, Inc., 10 FCC Rcd 12267, DA 95-998 (CSB 1995)(the ``MO&O''). 47 U.S.C.� 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, 8 FCC Rcd 5631, 5731 (1993) (``Rate Order''); See also Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Third Order on Reconsideration, 9 FCC Rcd 4316, 4346 (1994). Rate Order at 5732. Warner Reply at
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  • 4-5; Falcon Reply at 5-6. City Opposition at 15-16. Falcon Reply at 6. Falcon First Communications, 14 FCC Rcd at 7290 � 34, quoting Third Reconsideration, 9 FCC Rcd at 4344 � 77. Letter to Wesley R. Heppler, Esq., 10 FCC Rcd 9433, 9434-35 (Cab. Serv. Bur. 1995). Falcon Petition at 9-10; Falcon Reply at 9. See 47 C.F.R. � 76.922(d)(3)(vii)(1994). The initial date of regulation was the date after September 1, 1993 effective date of the Commission's rate regulations that an individual operator first became subject to rate regulation for either the basic or the cable programming service. 56 F.3d. 151, 174, 178 (D.C. Cir. 1995). 47 C.F.R. � 76.922(f)(4); Implementation of the Cable Television Consumer Protection and Competition Act
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  • competition. 76.906 Presumption of no effective competition. 76.907 Petition for a determination of effective competition. 76.910 Franchising authority certification. 76.911 Petition for reconsideration of certification. 76.912 Joint certification. 76.913 Assumption of jurisdiction by the Commission. 76.914 Revocation of certification. 76.916 Petition for recertification. 76.917 Notification of certification withdrawal. 76.920 Composition of the basic tier. 76.921 Buy-through of other tiers prohibited. 76.922 Rates for the basic service tier and cable programming services tiers. 76.923 Rates for equipment and installation used to receive the basic service tier. 76.924 Allocation to service cost categories. 76.925 Costs of franchise requirements. 76.930 Initiation of review of basic cable service and equipment rates. 76.933 Franchising authority review of basic cable rates and equipment costs. 76.934 Small systems
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  • Frontiervision Operating Partners, 18 FCC Rcd 20416, 20417 (2003) � 3, application for review denied, 19 FCC Rcd 23096 (2004), appeal pending on other grounds sub nom. City of Winchester et al. v. FCC, Case No. 05-3083 (6th Cir., filed Jan. 13, 2005). 47 U.S.C. �� 151 et seq. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • the fair market value with net book costs. Instead, it adjusted its programming costs on the rate form based only on operating cost information for the channel. After reviewing this FCC Form 1240, the Cable Division determined that TWC had not justified the external costs for the Capital News 9 channel in accordance with the affiliate transaction rules in sections 76.922(f)(6) and 76.924(i)(1) of the Commission's rules, which require a showing of fair market value. The Cable Division did not impute a fair market value, stating that TWC would not provide relevant information in response to the Cable Division's requests for such information. Instead, the Cable Division disallowed the programming costs associated with the channel and directed TWC to resubmit its
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  • 29, 2005. Motion for Leave to Submit Late-Filed Reply to Opposition to Appeal of Local Rate Order or Petition for Declaratory Ruling (``Motion''), filed by Adelphia on March 29, 2005. Motion passim. 47 C.F.R. � 1.46(a). Motion at 1. 47 C.F.R. � 76.944(b). 47 U.S.C. �� 151 et seq. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 05-2651 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 5, 2005 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210, may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240, may
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  • 22687 (2004); Frontiervision Operating Partners, 18 FCC Rcd 20416, 20417 (2003) � 3, application for review denied on other grounds, 19 FCC Rcd 23096 (2004), appeal pending sub nom. City of Winchester v. FCC, Case No. 05-3083 (6th Cir., filed Jan. 13, 2005). 47 U.S.C. �� 151 et seq. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • the extension it requests and, absent objection, we grant the Motion. Reply to Opposition to Appeal of Local Rate Order (``Reply''), filed March 16, 2004. Form 1205 is the Commission form that cable operators use to calculate permitted rates for equipment and installation. 47 U.S.C. �� 151 et seq. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • (Letter from C2 Consulting Services, Inc., to Mr. Nick Fehrenbach, dated May 20, 2004). Dallas' Response Opposing Comcast's Appeal of Local Rate Order (``Response''), filed August 9, 2004. Reply to Response Opposing Comcast's Appeal of Local Rate Order (``Reply''), filed August 19, 2004. 47 U.S.C. �� 151 et seq. 47 U.S.C. � 543(a)(2). 47 U.S.C. � 543(b)(1); 47 C.F.R. � 76.922. 47 C.F.R. � 76.937(d); Falcon Classic Cable, 15 FCC Rcd 5717, 5720 (2000) � 10; Western Reserve Cablevision, Inc., 14 FCC Rcd 13391, 13398 (1999) � 12. 47 U.S.C. � 543(b)(5)(B); 47 C.F.R. � 76.944. Harron Commun. Corp., 15 FCC Rcd 7901 (2000) � 2; Implementation of Sections of the Cable Television Consumer Protection & Competition Act, 8 FCC Rcd
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 06-1987 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 5, 2006 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210, may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240 may
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  • pursuant to authority delegated by � 0.283 of the Commission's rules. 47 C.F.R. � 0.283. FEDERAL COMMUNICATIONS COMMISSION John B. Norton Deputy Chief, Policy Division Media Bureau See Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997). Communications Act � 623, 47 U.S.C. � 543. Communications Act � 623(b)(1), (3), 47 U.S.C. � 543(b)(1), (3); 47 C.F.R. �� 76.922, 76.923. Communications Act � 623 (b)(5)(B), 47 U.S.C. � 543(b)(5)(B); 47 C.F. R. � 76.944. See Cencom, 12 FCC Rcd 7948, 7958. See id. We most recently addressed this issue in Cablevision of New Jersey, Inc., 18 FCC Rcd 24018 (2003). In addition, all CPST complaint issues involving the referenced community, CUID No. NJ0476, were resolved by resolution. See Cablevision
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 07-4153 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 16, 2007 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210, may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240 may
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  • supporting justification demonstrates that the proposed rate structure is reasonable, so long as the rate is determined in accordance with the Commission's procedures and requirements set forth in CS Docket No. 95-174. Need: The rule fulfills Congress' preference that rates be set pursuant to competition rather than regulation. Legal Basis: 47 U.S.C. 154(i), 154(j), 303(r), 543. Section Number and Title: 76.922(n) Rates for the basic service tier and cable programming service tiers. Brief Description: This rule amends the rules to reflect that a system that is eligible to establish its rates in accordance with the small system cost-of-service approach shall remain eligible for so long as the system serves no more than 15,000 subscribers. When a system that has established rates
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 08 -2252 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 9, 2008 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210 may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240 may
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-2152 October 1, 2009 MEDIA BUREAU ACTION INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210 may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240 may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1914A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1914A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1914A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 10-1914 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 4, 2010 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210 may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240 may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1671A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1671A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1671A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 11-1671 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION October 4, 2011 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Pursuant to 47 C.F.R. � 76.922(d)(2) and � 76.922(e)(2) of the Commission's rules, cable operators may adjust the non-external cost portion of their rates for inflation. Operators filing FCC Form 1210 may make an annual adjustment based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. Operators filing FCC Form 1240 may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • to the provision of cable television services are designed to address. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. Section Number and Title: 76.922 (f)(6)(i) and (ii) Rates for basic service tier and cable programming service tiers. Brief Description: This rule sets forth the standards for transactions and affiliates when making adjustments on account of external costs and rates set on a cost-of-service basis. Need: This rule adopts amendments to the cable attribution and affiliation rules, which determine whether an entity is subject to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210293A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210293A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210293A1.txt
  • Retransmission consent agreements between a broadcast station and a multichannel video programming distributor shall be in writing and shall specify the extent of the consent being granted, whether for the entire signal or any portion of the signal. This rule applies for either the analog or the digital signal of a television station. * * * * * 7. Section 76.922 is amended by adding paragraph (f)(1)(vii) and revising paragraph (j)(1) to read as follows: � 76.922 Rates for the basic service tier and cable programming service tiers * * * * * (f) * * * (vii) Headend equipment costs necessary for the carriage of digital broadcast signals. * * * * * (j) Network upgrade rate increase. (1) Cable
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  • including a 7.5% mark-up for new programming costs. "External costs" have been specifically limited to taxes, franchise fees, franchise compliance costs (including PEG), retransmission and copyright fees, other programming costs, and Commission regulatory fees. There are also rules and forms in place that address situations where cable systems are upgrading physical plant to provide digital programming to cable subscribers. Section 76.922(j)(1) of the Commission's rules states: ``Cable operators that undertake significant network upgrades requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers.'' FCC Form 1235 is an abbreviated cost of service filing used for network upgrades pursuant to Section 76.922(j). This form permits operators to adjust rates by
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  • to itemize them on the subscriber's bill. 19. We do not agree with the arguments raised by Pasadena and the other local franchising authorities that only fee increases are eligible for pass-through under the Commission's rate rules. It does not matter whether Charter's action in passing through increased franchise fees can be considered a ``change'' for the purposes of Section 76.922 because, as discussed above, the Commission's rate regulation rules permit cable operators to pass through franchise fees in their entirety as external costs. Indeed, prior to the enactment of the 1992 Cable Act, Section 622(c) expressly limited a cable operator's franchise fee pass through to fee increases and provided that ``a cable operator may pass through to subscribers the amount
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  • eliminated. Are there, for example, linkages between the BST and CPST rules or forms that might not readily be recognized and that would need to be accounted for? Regardless of the rule changes made in this proceeding, the existing rules would continue to apply to all pending CPST matters. We propose to delete the following rule sections or paragraphs: 76.901(d); 76.922(c)(4); 76.924(e)(1)(ii); 76.924(e)(2)(ii); 76.934(c)(2); 76.934(d); 76.934(h)(3)(iii); 76.934(h)(6); 76.934(h)(10); 76.950; 76.951; 76.953; 76.954; 76.955; 76.956; 76.957; 76.960; 76.961; 76.962; 76.963(b); 76.980(b), (d)-(f); 76.985 (FCC Form 329 and Instructions); 76.986; 76.987; 76.1402; 76.1605; and 76.1606. Other rules continue to be applicable to BST rate making but should be updated or amended to eliminate references to CPST or to reflect the end of CPST
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  • herein. In addition, we clarify the instructions for FCC Form 1240, Worksheet 4, as described herein. 2. In order to provide further guidance as to how the Commission will review BST rate adjustments that had been filed prior to the guidance provided in the NPRM/Order, we revise paragraph 55 as follows: 55. In light of the confusion created by section 76.922(g)(8) of the Commission's rules and the intent expressed in the Going Forward Order that there be some mechanism for dealing with channel changes if 1 FCC 02-177 (rel. June 19, 2002). We note that a summary of the NPRM/Order has not yet been published in the Federal Register. Therefore, our summary will include the revision and clarification described herein. 2
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  • cost of living and other external costs, the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing tier or service, the restructuring or division of existing tiers of service, or the adjustment of rates as a result of the addition, deletion or substitution of channels pursuant to � 76.922. . . .'' 47 C.F.R. � 76.981(b). Application for Review at 8-9. Id. at 9, citing H.R. Conf. Rep. No. 102-862, 102d Cong., 2d Sess. 65 (1992). Id. at 10. Opinion Letter, 11 FCC Rcd at 2493; see Omnicom Opposition at 8. Opinion Letter, 11 FCC Rcd at 2493; see Omnicom Opposition at 9. Application for Review at 11. Application
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  • �� 521 et seq. (1992). See also 47 C.F.R. � 76.944. See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation and Buy-Through Prohibition, 9 FCC Rcd 4316, 4346 (1994). Id. 17 FCC Rcd 7931, 7935 (2002). Id. at 7935. Id. Id. at 7936. See FCC Form 1240; FCC Form 1240 Instructions; section 76.922(e)(2)(ii) of the Commission's Rules, 47 C.F.R. � 76.922(e)(ii); Falcon Telecable, 15 FCC Rcd 52, 54 � 5 (1999); Mr. Richard D. Treich, 12 FCC Rcd 10340, 10340-41 (1997); Media General Cable of Fairfax County, Inc., 12 FCC Rcd 17424, 17431-32 � 22 (1997), review granted in part and denied in part, 16 FCC Rcd 15617 (2001) (review granted on procedural
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  • No. 98-146, FCC 02-33,17 FCC Rcd 2844 at � 140 (Feb. 6, 2002) (rate of return for telephone service providers in small and rural communities); Telephone Number Portability, Third Report and Order, CC Docket No. 95-116, FCC 98-82, 13 FCC Rcd 11701 at � 143 (May 12, 1998) (rate of return on capital outlays for number portability); 47 C.F.R. � 76.922(e)(3)(i) (cable rate adjustments to compensate for earlier underestimates entitled to 11.25% interest); 47 C.F.R. � 76.942(f) (refund of fees from cable local franchise authority includes 11.25% interest rate). We note that although recoverable costs may include those corporate overhead costs directly attributable to the provision of TRS, we are concerned about the extent to which some salaries of corporate officers
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  • upon timely review by the franchising authority. Here, none occurred. Finally, the Cities argue that the Bureau, by stating that Adelphia could not raise its rates until April or May 2004, ``effectively permitted Adelphia's incomplete [Form] 1240 to remain operational for a period of 22-23 months and thus avoid the annual rate filing requirements in contravention of 47 CFR � 76.922.'' Our rules require, with exceptions not material here, that ``at least twelve months must pass before the . . . next annual adjustment.'' Since Adelphia had implemented a rate adjustment in April 2003 (in Winchester) and in May 2003 (in Mt. Sterling), the Bureau stated that another increase would not be permitted until one year had passed. Our rules do
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  • attribution rules apply to cable commercial leased access, 47 C.F.R. � 76.970; program access, 47 C.F.R. � 76.1000; carriage discrimination, 47 C.F.R. � 76.1300; open video systems, 47 C.F.R. � 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. � 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. � 76.922(f)(6). The program access attribution standard is not at issue here. See 1998 Cable Attribution NPRM, 13 FCC Rcd at 12993 � 4 (citing Implementation of Sections 11 & 13 of Cable Television Consumer Protection and Competition Act of 1992 - Horizontal and Vertical Ownership Limits, 8 FCC Rcd 8565, 8568-69, 8577-79 (1993)). See 1999 Cable Attribution Order, 14 FCC Rcd
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  • to the following cable rules: commercial leased access, 47 C.F.R. � 76.970; program access, 47 C.F.R. � 76.1000; carriage discrimination, 47 C.F.R. � 76.1300; open video systems, 47 C.F.R. � 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. � 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. � 76.922(f)(6). I would also have allowed for full transferability of the interests grandfathered under this Report and Order. Cf. supra at para. 136. I note also that, in this Order, the Commission continues to focus, just as it did in the first Order promulgating rules under this section, on the effect of the limit on the content of video programming, belying
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  • Notice of Proposed Rulemaking in MM Docket 92-266, 8 FCC Rcd 5631, 5776 (1993) ("Rate Order"); Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, in MM Docket 92-266, 9 FCC Rcd 4119, 4202-04 (1994) ("Second Reconsideration Order"). 184FCC Form 1210, Updating Maximum Permitted Rates for Regulated Cable Service (May 1994). See also, 47 C.F.R. ��76.922(d), 76.933. 185The initial per channel adjustment methodology permitted operators to increase rates by a per channel amount when channels were added to either the basic service tier or the cable programming service tier, with the per channel amount decreasing as the number of channels on a system increased. See 47 C.F.R. � 76.922. Operators electing to use the "going forward"
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.wp
  • equally important, most cable operators do not elect �the cost(c)based rate of return form of rate regulation, but rather are subject to price(c)cap regulation. Under �this system, an increase in a cable operator's costs does not necessarily constitute a basis for increasing ԍOperators regulated under the price cap method are permitted to increase rates to reflect actual increases in � 76.922(f) (defining external �costs to include: (1) state and local taxes applicable to cable service, (2) franchise fees, (3) the costs of complying �with franchise requirements, (4) "retransmission consent fees and copyright fees incurred for the carriage of � 47 C.F.R. � 76.922(d)(3) (rules governing the adjustment of rates under the quarterly method to include external costs), �76.922(e)(2) (rules governing the
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • this section are lawful.398 Federal Communications Commission FCC 99-57 3991996 Act, � 301(k)(2), 110 Stat. 118. 400Notice, 11 FCC Rcd at 5974, citing Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation and Adoption of a Uniform Accounting System for Provision of Regulated Cable Service, 11 FCC Rcd 2220 (1996); 47 C.F.R. � 76.922(i)(6). 401Notice at 5974. To the extent that acquiring operators are permitted recovery of acquisition premiums as part of the rate base, operators would not be permitted to recover start up losses for which they are compensated by acquisition premiums. 402Id. 403Id. 404Id. 405Applicability of Section 301(k)(1), however, remains subject to the conditions contained in Section 301(k)(2) of the 1996 Act.
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • by the same individual or entity will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if the sum of the interests other than those held by or through "passive investors" is equal to or exceeds 10%. * * * * * Section 76.922 Rates for the basic service tier and cable programming services tiers 6. Section 76.922 is amended by adding paragraphs (f)(6)(i) and (ii): (f)(6)(i) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. (ii) Attributable interest shall be defined by
• http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • including a 7.5% mark-up for new programming costs. "External costs" have been specifically limited to taxes, franchise fees, franchise compliance costs (including PEG), retransmission and copyright fees, other programming costs, and Commission regulatory fees. There are also rules and forms in place that address situations where cable systems are upgrading physical plant to provide digital programming to cable subscribers. Section 76.922(j)(1) of the Commission's rules states: ``Cable operators that undertake significant network upgrades requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers.'' FCC Form 1235 is an abbreviated cost of service filing used for network upgrades pursuant to Section 76.922(j). This form permits operators to adjust rates by
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • 54(...continued) 1998, at 3. License fees are the fees charged by a cable network to allow an operator to deliver the network's programming. License fees reported here do not include superstation license fees, common carrier payments, and copyright fees. 55Paul Kagan Assocs., Inc., Basic Cable Network Economics (1983-2007), Cable Program Investor, Mar. 13, 1998, at 3. 56Id. 5747 C.F.R. � 76.922(f)(6). 58The six largest MSOs, in terms of subscriber size, were selected for this survey. They are: Cablevision Systems Corporation, Comcast Corporation, Cox Communications, Inc., MediaOne, Inc., TCI Communications, Inc., and Time Warner Cable. This questionnaire was a follow-up of last year's annual competition report. See 1997 Report, 13 FCC Rcd at 1239, Separate Statement of Chairman William E. Kennard. 59This
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • at 4. Id. at 4. License fees are the fees charged by a cable network to allow an operator to deliver the network's programming. License fees reported here do not include superstation license fees, common carrier payments, and copyright fees. Paul Kagan Assocs., Inc., Basic Cable Network Economics (1983-2009), Cable Program Investor, July 14, 1999, at 4. 47 C.F.R. � 76.922(f)(6). Copyright Act, 17 U.S.C. � 111 et seq. Copyright fees, though technically due on a specific date, are collected on a rolling basis. We report the most current figures available. Copyright Office, Library of Congress, Licensing Division Report of Receipts, Nov. 2, 1999. Date of "collection" indicates the date the Copyright Office has deposited payments made by cable operators. Payments
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1048A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. 15 See, for example, In the Matter TCI of Illinois d/b/a Telenois, Inc., DA 01-1468, 16 FCC Rcd 12654 (CSB 2001). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1048A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1048A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
  • DA 95-301, 10 FCC Rcd 3813 (CSB 1995). 4 Id. at n. 1. 5 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 6 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 7 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. 76.922(b)(6)(ii). 15 Operator filed a refund liability deferral letter with the Commission dated May 18, 1994. 16 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. 76.922(b)(6)(ii). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1049A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1049A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
  • 98-2442, 13 FCC Rcd 23411 (CSB 1998). 6 Prior Order at n. 2. 7 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 8 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 Id. 11 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 13 Id. 14 Id. 15 Id. 16 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. Section 76.922(b)(6)(ii). 17 See Letter dated August 12, 1994 to the Federal Communications Commission from Trudi McCollum Foushee, Vice President, Crown Cable Law and Regulatory Affairs. 18 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. 76.922
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
  • DA 99-1779 (CSB released September 7, 1999). 5 Prior Order at n. 1. 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. 7 See In the Matter of Bresnan Communications Company, DA
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
  • DA 99-1779 (CSB released September 7, 1999). 5 Prior Order at n. 1. 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. 7 See In the Matter of Bresnan Communications Company, DA
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
  • DA 99-1779 (CSB released September 7, 1999). 5 Prior Order at n. 1. 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. 7 See In the Matter of Bresnan Communications Company, DA
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
  • of the Commission's Rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's Rules, 47 C.F.R. 76.957. 10 See In the Matter of Cencom Cable Income Partners II, LP, 12 FCC Rcd 7948 (1997). 11 8 FCC Rcd 5631 (1993). 12 Cencom at 22 (footnote omitted). 13 See Section 76. 922 of the Commission's Rules, 47 C.F.R. 76.922. 14 See Section 76. 922 of the Commission's Rules, 47 C.F.R. 76.922. 15 Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1380A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 In the Matter of Sammons Communications, Inc., DA 95-307, 10 FCC Rcd 3824 (CSB 1995). 15 See In the Matter of Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997). 16 8 FCC Rcd 5631 (1993). 17 Cencom at 22 (footnote omitted). 18 See
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
  • DA 95-309, 10 FCC Rcd 3852 (CSB 1995). 4 Id. at n. 1. 5 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. The Cable Services Bureau included this time period in its refund plan calculation for DA 95-303. See In the Matter of Marcus Cable Associates, LP, DA 99-1906,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
  • DA 95-303, 10 FCC Rcd 3816 (CSB 1995). 4 Id. at n. 1. 5 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. The Cable Services Bureau included this time period in its refund plan calculation for DA 95-303. See In the Matter of Marcus Cable Associates, LP, DA 99-1906,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1691A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, MM Docket No. 92-266, 11 FCC Rcd 388 (1996). 15 FCC Form 1240 Instructions at p. 12 (July 1996). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1691A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1691A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1695A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 Operator calculated a total refund liability of $131,622.03. 15 Operator's refund liability extends from the date of the first valid complaint, February 2, 1998, through December 31, 1998. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1695A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1695A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
  • DA 95-2168, 10 FCC Rcd 11559 (CSB 1995). 4 Id. at n. 1. 5 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 6 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 7 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1696A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1696A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
  • of Marcus Cable Associates, LP, DA 97-2102, 13 FCC Rcd 7071 (CSB 1998). 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. Operator's Amended Refund Plan, which we review herein, includes this time period in its refund calculation for Order, DA 95-781. 7 Communications Act, Section 623(c), as amended,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1701A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. 15 See In the Matter of Time Warner Cable, FCC 99-217, 14 FCC Rcd 13760 (1999). 16 See In the Matter of Social Contract for Time Warner, 11 FCC Rcd 2788 (1996). 17 See, e.g. In the Matter of Time Warner Cable, DA 98-1826, 13 FCC Rcd
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 17 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 18 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 19 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 20 Id. 21 See 47 C.F.R. 76.922(b)(6)(ii). 22 Id. 23 In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). 24 In the Matter of Cencom Cable Income Partners II, LP, FCC
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1703A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1703A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 13 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 14 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 15 Id. 16 Id. 17 Id. 18 Id. 19 In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1704A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1704A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1705A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 13 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 14 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 15 Id. 16 See Section 76.922(l) of the Commission's Rules, 47 C.F.R. 76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93?215 and CS Docket No. 94?28, FCC 95?502, 11 FCC Rcd 2220 (1996). 17 The Commission made clear that the fact
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1707A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1707A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1707A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1708A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1708A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1708A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1712A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1712A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1712A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1937A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. 15 See Second Order at n. 18, citing Marcus Cable Associates, LP, DA 98-2308, 13 FCC Rcd 22314 (CSB 1998) ("Form 1235 Order"). 16 Form 1235 Order at 6, n. 15. 17 See FCC Form 1235 Instructions at p. 8, requiring that the subscriber count reflect the
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2162A1.html
  • See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 5 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 6 See In the Matter of Jones Growth Partners, II, LP, DA 99- 1344, 14 FCC Rcd 10626 (CSB 1999). 7 Cable operators may justify their rates through a cost of service showing using FCC Form 1220. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. 76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93?215 and CS Docket No. 94?28, FCC 95?502, 11 FCC Rcd 2220 (1996). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2162A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2162A1.doc
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
  • adjusted for reasons other than the availability of a more accurate inflation figure, e.g., because the operator failed to provide correct information in its rate justification or failed to complete its rate justification form correctly, the Bureau recalculates the maximum permitted rate using the most accurate inflation information available, rather than earlier estimates.24 This practice is consistent with 47 C.F.R. 76.922(b) (9) (iii), which provides: [I]f the rates charged by a cable operator are not justified by an analysis based on the data available at the time it initially adjusted its rates, the cable operator must adjust its rates in accordance with the most accurate data available at the time of the analysis. [footnotes in original] 6. Because the Cable Services
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 13 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 14 Id. 15 See 47 C.F.R. 76.922 (b) (6) (ii). 16 47 C.F.R. 76.922 (b) (6) (ii). Se also Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2465A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 8 Pub. L. No. 104-104, 110 Stat. 56 (1996). 9 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 10 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 11 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 13 Id. 14 The Cables Services Bureau concluded that "[t]he instructions for FCC Form 1200, Line G5 require the entry of equipment revenue information `for the last whole monthly billing period ending on or before September 30, 1992.' [footnote omitted] In contrast the relevant instructions for FCC Form 393 direct cable operators to
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 13 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 14 Id. 15 See 47 C.F.R. 76.922(b)(6)(ii). 16 Id. 17 In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). 18 In the Matter of Cencom Cable Income Partners II, LP, FCC
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2921A1.html
  • 76.956. 8 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 9 The Commission's rules provide for a refund liability deferral period, if timely requested by an operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from the operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). However, an operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. Our review of the FCC Form 393 reveals that Operator did not charge in excess of its maximum FCC 393 rate between May 15, 1994 and July 14, 1994. See also In
• http://transition.fcc.gov/eb/Orders/2003/DA-03-197A1.html
  • d/b/a Jones Intercable, Inc., DA 96-1533, 11 FCC Rcd 10656 (CSB 1996). 5 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 6 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 7 See Section 76.956 of the Commission's Rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's Rules, 47 C.F.R. 76.957. 10 See 47 C.F.R. 76.922(f)(4); Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). 11 See Appendix B of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order,
• http://transition.fcc.gov/pshs/docs/services/eas/Second.pdf
  • the type accounted for in the establishment of the initial benchmark levels are not subject to separate pass through treatment. Because, as a general matter, system operators are subject to changes that both increase and decrease costs, the circumstances in which increases are allowed without consideration of balancing decreases have been carefully circumscribed. 87 External costs, as defined in Section 76.922(f) include 1) state and local taxes applicable to the provision of cable television service; 2) franchise fees; 3) costs of complying with franchise requirements, including costs of providing public , educational, and governmental access channels as required by the franchising authority, 4) retransmission consent fees and copyright fees incurred for the carriage of broadcast signals, 5) other programming costs; and
• http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.doc http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.html http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.txt
  • to the following cable rules: commercial leased access, 47 C.F.R. � 76.970; program access, 47 C.F.R. � 76.1000; carriage discrimination, 47 C.F.R. � 76.1300; open video systems, 47 C.F.R. � 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. � 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. � 76.922(f)(6). I would also have allowed for full transferability of the interests grandfathered under this Report and Order. Cf. supra at para. 136. I note also that, in this Order, the Commission continues to focus, just as it did in the first Order promulgating rules under this section, on the effect of the limit on the content of video programming, belying
• http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.txt http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • Notice of Proposed Rulemaking in MM Docket 92-266, 8 FCC Rcd 5631, 5776 (1993) ("Rate Order"); Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, in MM Docket 92-266, 9 FCC Rcd 4119, 4202-04 (1994) ("Second Reconsideration Order"). 184FCC Form 1210, Updating Maximum Permitted Rates for Regulated Cable Service (May 1994). See also, 47 C.F.R. ��76.922(d), 76.933. 185The initial per channel adjustment methodology permitted operators to increase rates by a per channel amount when channels were added to either the basic service tier or the cable programming service tier, with the per channel amount decreasing as the number of channels on a system increased. See 47 C.F.R. � 76.922. Operators electing to use the "going forward"
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992211.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992212.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992213.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992227.doc
  • FCC Rcd at 20932, 13 FCC Rcd 13801at para. 10; TCI of St. Louis, 12 FCC Rcd at 15295-96. COS Order, 11 FCC Rcd at 2248. See TCI of St. Louis, 12 FCC Rcd at 15295 para. 17; TCI TKR of Houston, 11 FCC Rcd at 20932 para. 8, 13 FCC Rcd 13801 at para. 11; see also 47 C.F.R. 76.922(i)(7). See 47 C.F.R. � 76.937(a) (operator has burden of proving that its proposed rates comply with Commission rules). See TCI-TKR of Houston, Inc., 11 FCC Rcd at 20932-33 para. 8. MACC's consultant also found that TCI had not properly unbundled the unfunded deferred tax costs from programming service rates. Applying the Commission's revised treatment of unfunded deferred taxes in the
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992301.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992302.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992305.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992373.doc
  • 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992527.doc
  • Chief Financial Analysis and Compliance Division Cable Services Bureau The term "Operator" as used in this Order includes Operator's predecessors in interest. On October 9, 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. 47 C.F.R. �76.933(d). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992528.doc
  • Chief Financial Analysis and Compliance Division Cable Services Bureau The term "Operator" as used in this Order includes Operator's predecessors in interest. On October 9, 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. 47 C.F.R. �76.933(d). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992529.doc
  • Chief Financial Analysis and Compliance Division Cable Services Bureau The term "Operator" as used in this Order includes Operator's predecessors in interest. On October 9, 1996, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change in ownership from DD Cable Partners, L.P., to Triax Midwest Associates, L.P. 47 C.F.R. �76.933(d). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992530.doc
  • and Compliance Division Cable Services Bureau See Section 76.933(d) of the Commission's Rules, 47 C.F.R. �76.933(d). See Letter to James F. Ireland, Esq., DA 95-2116, 10 FCC Rcd 11437 (1995). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992682.doc
  • 76.933(d), that this Order is binding on the LFA and Operator. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau See Section 76. 933(d) of the Commission's Rules, 47 C.F.R. �76.933(d). The LFA initiated rate regulation on June 20, 1994. See Petition for Special Relief, CSR No. 4400-R at p. 4. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992749.doc
  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Petition at p. 1. Prior Order at � 3. Petition at p. 3. Prior Order at � 3. See In the Matter of Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997). 8 FCC Rcd 5631 (1993). Cencom at � 22 (footnote omitted). Prior Order at �� 9-10. Petition at p. 6. See In the
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992766.doc
  • Order, we find those rates to be reasonable, effective July 14, 1994 through October 25, 1994. We will modify our Reconsideration Order to reflect this adjustment. 4. Operator raises one other issue in its Petition. Operator asserts that it is entitled to defer its refund liability for the period from May 15, 1994 through July 13, 1994, pursuant to Section 76.922(b)(6)(ii) of the Commission's rules, even though Operator failed to notify the Commission by June 15, 1994 that it elected to defer refund liability. In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation ("Second Reconsideration Order"), the Commission established June 15, 1994 as the deadline for filing an FCC Form
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da993014.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/da993014.txt
  • and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631, 5731 (1993) ("Rate Order"); Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation and Buy-Through Prohibition, MM Docket Nos. 92-266 and 92-262, Third Order on Reconsideration, 9 FCC Rcd 4316, 4346 (1994). Rate Order, 8 FCC Rcd at 5732. Id. 47 C.F.R. � 76.922(d). 47 C.F.R. � 76.922(e). Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, 11 FCC Rcd 388, 391 (1995) ("Thirteenth Order"). Form 1240 projections include the following costs: external costs; inflation; and changes in the number of regulated channels for the relevant period. 47 C.F.R. � 76.922(e)(1), (e)(2). 47
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  • equally important, most cable operators do not elect �the cost(c)based rate of return form of rate regulation, but rather are subject to price(c)cap regulation. Under �this system, an increase in a cable operator's costs does not necessarily constitute a basis for increasing ԍOperators regulated under the price cap method are permitted to increase rates to reflect actual increases in � 76.922(f) (defining external �costs to include: (1) state and local taxes applicable to cable service, (2) franchise fees, (3) the costs of complying �with franchise requirements, (4) "retransmission consent fees and copyright fees incurred for the carriage of � 47 C.F.R. � 76.922(d)(3) (rules governing the adjustment of rates under the quarterly method to include external costs), �76.922(e)(2) (rules governing the
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • this section are lawful.398 Federal Communications Commission FCC 99-57 3991996 Act, � 301(k)(2), 110 Stat. 118. 400Notice, 11 FCC Rcd at 5974, citing Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation and Adoption of a Uniform Accounting System for Provision of Regulated Cable Service, 11 FCC Rcd 2220 (1996); 47 C.F.R. � 76.922(i)(6). 401Notice at 5974. To the extent that acquiring operators are permitted recovery of acquisition premiums as part of the rate base, operators would not be permitted to recover start up losses for which they are compensated by acquisition premiums. 402Id. 403Id. 404Id. 405Applicability of Section 301(k)(1), however, remains subject to the conditions contained in Section 301(k)(2) of the 1996 Act.
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • by the same individual or entity will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if the sum of the interests other than those held by or through "passive investors" is equal to or exceeds 10%. * * * * * Section 76.922 Rates for the basic service tier and cable programming services tiers 6. Section 76.922 is amended by adding paragraphs (f)(6)(i) and (ii): (f)(6)(i) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. (ii) Attributable interest shall be defined by
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000039.doc
  • 12020, 12022 (CSB, 1998). External costs include the following: state and local taxes applicable to the provision of cable television service; franchise fees; costs of complying with franchise requirements; retransmission consent fees and copyright fees incurred for the carriage of broadcast signals; other programming costs; and Commission cable system regulatory fees pursuant to 47 U.S.C. � 159, 47 C.F.R. � 76.922(f). 47 C.F.R. � 76.922(d), (e). 47 C.F.R. � 76.922(j). 47 C.F.R. � 76.923. See TCI of Southeast Mississippi, 10 FCC Rcd 8728, 8730 (CSB, 1995); reconsideration denied on other grounds, 13 FCC Rcd 11080 (CSB, 1998); TCI Cablevision of Texas, Inc., 13 FCC Rcd 6656, 6658 (CSB, 1998); Century Cable of Southern California, 11 FCC Rcd at 501-502. See April
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000102.doc
  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Because we are adjusting Operator's FCC Form 1240s, we use the most recent Inflation Adjustment Factors released by the Cable Services Bureau for the relevant time periods. See Public Notice, DA 99-3032 (released December 30, 1999). These findings are based solely on the representations of Operator. Should information come to our attention that these representations were materially
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000118.doc
  • the CPST rate charged by Operator in the community set forth above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000147.doc
  • L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. Petition at p. 2. Operator's actual CPST rate including 5 percent franchise fees is $20.43. Federal Communications Commission DA 00-147 Federal Communications Commission DA 00-147 � � � � f � � <
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000148.doc
  • 10 FCC Rcd 7916 (1995). 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). 47 C.F.R. �76.956. 47 C.F.R. �76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. See 47 C.F.R. � 76.922(b)(6)(ii). Operator filed a refund liability deferral letter with the Commission dated May 18, 1994. 47 C.F.R. �76.922(b)(6)(ii). 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 appropriate action. This Order is not to
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000178.doc
  • Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000208.doc
  • The date of receipt by the LFA of the cost of service filing and the filing date with the Commission of the petition for special relief were identical for both the City of Burleson and the City of Joshua. See Letter date April 28, 1995 from Jacqueline Spindler, Deputy Chief, Financial Analysis and Compliance Division, Cable Services Bureau. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000209.doc
  • Order includes Operator's predecessors in interest. On February 5, 1997, the Federal Communications Commission received notification, pursuant to Section 76.400 of the Commission's rules, of a change of system operator to Post Cablevision of Texas, LP. 47 C.F.R. �76.933(d). See Letter dated April 28, 1995 from Jacqueline Spindler, Deputy Chief, Financial Analysis and Compliance Division, Cable Services Bureau. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000215.doc
  • U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. �543 (1996). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. Id. 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,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000224.doc
  • Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. See In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Ninth Order on Reconsideration, 11 FCC Rcd 1151 (1996) ("Ninth Reconsideration Order"). These findings are based solely on the representations of Operator. Should information come to our attention that these representations were
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000259.doc
  • Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Because Operator's refund liability for the period from October 1, 1995 through March 31, 1996 was trued-up in its 1996 and 1997 1240s, which we review herein, Operator is not required to separately calculate that refund liability and submit a refund plan. These findings are based solely on the representations of Operator. Should information come to our
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000266.doc
  • 10 FCC Rcd 3428 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). If Operator
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000283.doc
  • above, effective January 1, 1995, IS REASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 76.933(d) of the Commission's rules, 47 C.F.R. � 0.321 and � 76.933(d), that this Order is binding on the LFA and Operator. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau 47 C.F.R. �76.933(d). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000284.doc
  • 10 FCC Rcd 5593 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). If Operator
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000285.doc
  • U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000406.doc
  • argues that the sunset of CPST rate regulation has no effect on the movement of channels before the sunset became effective. TCI further argues that the City's denial of any residual adjustment for moving a channel is inconsistent with the Commission's intention in the Sixth Order on Reconsideration. According to TCI, when the Commission provided for the sunset of section 76.922(g) of its rules governing channel movements, it intended that section 76.922(g) would be replaced with the then existing rule if it was not reinstated. In TCI's view, if the residual cannot move with a CPST channel, then the residual associated with a BST channel would not move when a BST channel moved. ``[A] cable operator could theoretically eliminate most of
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000440.doc
  • 3; City Opposition at 1. See Local Rate Order at 1-2, Petition at 3, City Opposition at 1-2. Operators are permitted to make changes to their rates on a quarterly basis using FCC Form 1210 or on an annual basis using FCC Form 1240 to reflect changes in external costs, inflation, and the number of regulated channels. 47 C.F.R. � 76.922; see Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, 11 FCC Rcd 388, 420-21 para. 79 (1995). See City Opposition, Exh. C. Time Warner Petition at 3; Local Rate Order, Exh. ``A'' at A-1. Id. at A-1-2. Local Rate Order at 3-4. See Social Contract for Time Warner,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000597.doc
  • 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). Order in MM Docket No. 92-266, Implementation of Sections of the Cable Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93-372, 58 Fed. Reg. 41042 (Aug. 2, 1993). 47 C.F.R. Section 76.922 (b). See also Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 4119, 4190 (1994) ("Second Order on Reconsideration"). The FCC Form 1230 is a one-page form "on which the system inserts its expense, rate base, rate of return, channel count and subscriber count figures and then calculates
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000598.doc
  • 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). Order in MM Docket No. 92-266, Implementation of Sections of the Cable Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93-372, 58 Fed. Reg. 41042 (Aug. 2, 1993). 47 C.F.R. Section 76.922 (b). See also Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, MM Docket No. 92-266, 9 FCC Rcd 4119, 4190 (1994) ("Second Order on Reconsideration"). The FCC Form 1230 is a one-page form "on which the system inserts its expense, rate base, rate of return, channel count and subscriber count figures and then calculates
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000599.doc
  • the CPST rate charged by Operator in the community set forth above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000600.doc
  • the CPST rate charged by Operator in the community set forth above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000604.doc
  • Acting Chief Financial Analysis and Compliance Division Cable Services Bureau APPENDIX COMMUNITY CUID NO. BST RATE Grifton NC0358 $21.94 Grifton NC0359 $21.94 Snow Hill NC0360 $22.05 Hookerton NC0361 $21.64 Walstonburg NC0362 $21.53 Greene NC0363 $22.12 Pitt NC0753 $22.04 47 C.F.R. �76.933(d). See Letter dated February 10, 1995 from Jacqueline Spindler, Deputy Chief, Consumer Protection Division, Cable Services Bureau. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000657.doc
  • disallowance of Century's PEG Access payment. Century asserts in response that the payment was set for five years after the franchise agreement and was made in 1997. Century argues that the cost of implementing this obligation could not have been incurred prior to the date of initial regulation and for that reason its payment falls outside the limitations of Section 76.922(4). Century disagrees with the treatment of franchise related costs in Falcon Cablevision and argues that the City's disallowance is inconsistent with principles underlying the Commission's benchmark regulations. Century further contends the Commission has stated that franchise costs eligible for pass through treatment ``include both new requirements that the franchising authority imposes and increases in the cost of complying with existing
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000723.doc
  • the CPST rate charged by Operator in the community set forth above, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000885.doc
  • COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. 11 FCC Rcd 388 (1996). The effective date of the Thirteenth Reconsideration Order is November 6, 1995. The complaint against Operator's October 1, 1995 CPST rate increase in Manchester, CUID No. PA0878, was filed after November 6, 1995 but the complaint for West Manchester, CUID No. PA0876 was filed before November 6, 1995. Operator requested that we
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000894.doc
  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. The first review period covers from November 22, 1993, the date the first valid complaint was received by the Federal Communications Commission, through July 14, 1994, the end of the deferral period. See Prior Order at � 5. The second period covers from July 15, 1994 through July 31, 1994. These findings are based solely on the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001002.doc
  • which specifies that the Commission is the only forum for appeals of decisions by franchising authorities. Section 76.944(a) provides that ``[t]he Commission shall be the sole forum for appeals of decisions by franchising authorities on rates for the basic service tier or associated equipment involving whether or not a franchising authority has acted consistently with the Cable Act or �� 76.922 and 76.923.'' Commission review of appeals was intended to ensure uniformity of interpretation of the federal guidelines governing ratemaking. The Commission was concerned that rulings by state or local courts in different parts of the country could produce varying and conflicting interpretations about the Cable Act and the Commission's rules, which would frustrate the purpose of having federal guidelines. We
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001022.doc
  • with the Federal Communications Commission on March 13, 1995. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. This finding is 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001023.doc
  • with the Federal Communications Commission on March 14, 1995. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. This finding is 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001024.doc
  • 10 FCC Rcd 5593 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). If Operator
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001025.doc
  • Comcast Cablevision of the South. Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator did not elect to take advantage of the Commission's rules which provides for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). If Operator
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001026.doc
  • Rate Complaints, FCC 95-482, 11 FCC Rcd 4029 (1996). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. This finding is 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001030.doc
  • and found the CPST rate to be reasonable. Operator elected to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Therefore, we review Operator's CPST rates beginning July 15, 1994 for both counties. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001036.doc
  • 10 FCC Rcd 5593 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules 47 C.F.R. � 76.922. Id. Id. Id. Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). If Operator
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001039.doc
  • includes Operator's predecessors in interest. On July 15, 1999, the Federal Communications Commission received notification, pursuant to 47 C.F.R. � 76.400, of a change in ownership to Comcast GPCI, Inc. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). See Section 76.957 of the Commission's Rules, 47 C.F.R. �76.957. Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that an operator has incurred costs does not necessarily establish its
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001041.doc
  • from Mr. James E. Dunstan, attorney for Donrey Cablevision. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. These finding 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001048.doc
  • Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau On March 29, 1999, the Federal Communications Commission received notification, pursuant to 47 C.F.R � 76.400, of a change of ownership to TCI Illinois Holdings, L.P. 47 C.F.R. � 76.933(d). See Letter dated February 10, 1995 from Jacqueline Spindler, Deputy Chief, Consumer Protection Division, Cable Services Bureau. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001051.doc
  • Cable Associates, LP, 14 FCC Rcd 15865 (1999). Operator elected to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules 47 C.F.R. � 76.922. Id. Id. Id. This finding is based solely
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001060.doc
  • with the Federal Communications Commission on March 10, 1995. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. This finding is 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001071.doc
  • April 1999. In its one-page rate order, the City found that ``[t]he cable operator did not demonstrate that the capital upgrade will benefit subscribers of the basic service tier,'' and that ``[t]he network upgrade was not completed as of February 26,1999 or as of the amended filing on March 23, 1999.'' It denied the rate surcharge citing 47 C.F.R. � 76.922(j)(1),(2) and (3). III. DISCUSSION 6. Marcus contends that the City's brief order does not identify a legitimate basis for denying the requested rate adjustment on the Form 1235; does not explain how the operator failed to demonstrate that the upgrade would benefit BST subscribers; and does not articulate any reasoned basis for its decision. The operator further asserts that the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
  • GRANTED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. � 76.956. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id. Id. 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 appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation or
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001403.doc
  • program service rate adjustments using the annual adjustment method, the Commission required that operators using this method file Form 1205 on the same date they file for program service rate adjustments using Form 1240. Operators using the quarterly rate adjustment method must continue to File Form 1205 within 60 days of the end of the fiscal year. 47 C.F.R. �� 76.922(e)(1), 76.923(n). Century New Mexico Cable Corp., 11 FCC Rcd 17335, 17350-51 (Cab. Serv. Bur. 1996); TCI Cablevision of Oregon, Inc., DA 95-2269 paras. 15-19, 1995 WL 683989 (F.C.C.) (Cab. Serv. Bur. released Nov. 11, 1995) (Multnomah & Portland, OR). Indeed, the Form 1205 Instructions at 3, 14 provide that an operator need not complete the worksheet for computing rates or
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001544.doc
  • reasonable profit, computed in accordance with Commission requirements. As Maryland Cable points out, costs change over time. To ensure that subscriber charges comply with the actual cost standard, the Commission requires operators to submit a Form 1205 annually, even if the operator does not change its selected rates. If the cable operator uses the annual rate adjustment method in section 76.922(e) of the Commission's rules for its basic service tier, as Maryland Cable did, it must file Form 1205 on the same date it files its Form 1240, and the review procedure in section 76.933(g) applies to both forms. The City was not required to issue a rate order if it had no problem with the rates, but if it disapproved
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001635.doc
  • Richard R. Davis, Mayor, City of Richmond Hill, GA. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001655.doc
  • Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. Operator originally argued in its Petition that the CPST channel count was 24. In its Supplement, Operator argued that the real CPST channel count was 26. Operator's original FCC Form 393 stated the actual CPST rate as $11.02, exclusive of franchise fees. The first valid complaint against Operator's CPST rate was filed with the Commission on February
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001681.doc
  • Rcd 6541 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. � 543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. This finding is 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001682.doc
  • FCC Rcd 6541 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. Id. Id. Id. This finding is 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 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001691.doc
  • of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Report and Order, 8 FCC Rcd 5631, 5731 (1993) ("Rate Order"); See also Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Third Order on Reconsideration, 9 FCC Rcd 4316, 4346 (1994). Rate Order at 5732. See 47 C.F.R. � 76.922(e); see also Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Thirteenth Order on Reconsideration, 11 FCC Rcd 388, 391-92, 417-20 (1995) ("Thirteenth Reconsideration Order"). Id. at 392, 420-22. Id. at 426; 47 C.F.R. � 76.933(g)(2). See Mickelson Media, Inc., 14 FCC Rcd 20776, 20777 (Cab. Serv. Bur. 1999). To calculate the true-up
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001702.doc
  • FCC Rcd 2294 (1995). Id. at n. 1. Communications Act, Section 623(c), as amended, 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 76.956 of the Commission's Rules, 47 C.F.R. � 76.956. Id. See Section 76.957 of the Commission's Rules, 47 C.F.R. � 76.957. See Section 76. 922 of the Commission's Rules, 47 C.F.R. � 76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. � 76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that an operator has incurred costs does
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001867.doc
  • basic tier from 21 to 31 and raised the rate from $15.92 to $16.74 per month. See Liberty Reply at Exhibit D. Liberty charges $3.55 a month for a set-top box and an additional $0.41 for a remote control unit. See Letter from L. Brett Babb, Regulatory Compliance Officer, Liberty to Thomas Horan, FCC (Mar. 8, 2000). 47 C.F.R. � 76.922. 47 C.F.R. � 76.923. Id. 47 C.F.R. �76.923(a)(2). See Commercial Availability of Navigation Devices, Report and Order, 13 FCC Rcd 14775, 14779 (1998) ("In general, we find that it would be most consistent with our obligations under Section 629 to require that, by July 1, 2000, a security element separated from navigation devices be available from MVPDs so that equipment
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002371.doc
  • operator to Comcast SCH Holdings, Inc. See In the Matter of Lake County Cablevision, DA 95-957, 10 FCC Rcd 9317 (1995). Id. at n. 1. Communications Act, Section 623 (c), as amended, 47 U.S.C. � 543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See 47 C.F.R. � 76.956. Id. See 47 C.F.R. � 76.957. See 47 C.F.R. � 76.922. Id. Id. Id. Operator's refund plan calculated a total refund liability of $591.66. The Commission's rules provide for a refund liability deferral period beginning May 15, 1994 and ending July 14, 1994, if timely requested by the Operator, for any overcharges resulting from Operator's calculation of a new MPR on the FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). However,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002386.doc
  • Financial Analysis and Compliance Division Cable Services Bureau On December 4, 1998, the Federal Communications Commission received notification, pursuant to 47 C.F.R � 76.400, of a change of ownership to Avalon Cable of Michigan, Inc. 47 C.F.R. � 76.933(d). See Letter dated May 10, 1995 from Jacqueline Spindler, Deputy Chief, Financial Analysis and Compliance Division, Cable Services Bureau. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. �76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93-215 and CS Docket No. 94-28, FCC 95-502, 11 FCC Rcd 2220 (1996) ("Final Cost Order"). The Commission made clear that the fact that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002406.doc
  • DA95-1381, 10 FCC Rcd 7187 (1995). Id. at n. 1. See letter dated July 28, 2000 to the Cable Services Bureau from Steven J. Horvitz, attorney for AT&T Broadband, LLC, successor to Jones Intercable in the above-referenced communities. 47 U.S.C. �543(c) (1996). Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 C.F.R. �76.956. 47 C.F.R. �76.957. See 47 C.F.R. � 76.922. Id. Id. Id. The Commission's rules provide for a refund liability deferral period beginning May 15, 1994 and ending July 14, 1994, if timely requested by the Operator, for any overcharges resulting from Operator's calculation of a new MPR on the FCC Form 1200. See 47 C.F.R. � 76.922(b)(6)(ii). Id. As noted in our Prior Order, the first valid complaint
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00062.doc
  • Cable Of New Jersey, Inc, 13 FCC Rcd 21788 (1998). Communications Act, Section 623(c), as amended, 47 U.S.C. � 543(c) (1996). 47 U.S.C. � 543(c), which establishes the criteria for Commission regulation of the cable programming service tier, does not apply to cable programming services provided after March 31, 1999. See 47 U.S.C. � 543(c)(4) (1996). See 47 C.F.R. � 76.922 (1997). Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). See Communications Act, Section 623(c), as amended, 47 U.S.C. Section 543(c) (1996). See Section 76.956 of the Commission's Rules, 47 C.F.R. �76.956. See Section 76.922 of the Commission's Rules, 47 C.F.R. �76.922. Id.
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • including a 7.5% mark-up for new programming costs. "External costs" have been specifically limited to taxes, franchise fees, franchise compliance costs (including PEG), retransmission and copyright fees, other programming costs, and Commission regulatory fees. There are also rules and forms in place that address situations where cable systems are upgrading physical plant to provide digital programming to cable subscribers. Section 76.922(j)(1) of the Commission's rules states: ``Cable operators that undertake significant network upgrades requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers.'' FCC Form 1235 is an abbreviated cost of service filing used for network upgrades pursuant to Section 76.922(j). This form permits operators to adjust rates by
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/1999/da992072.doc
  • 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 99-2072 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov CABLE SERVICES BUREAU ACTION October 4, 1999 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Under Commission rules, cable operators may adjust the non-external cost portion of their rates for inflation, 47C.F.R.� 76.922(d)(2). For operators filing FCC Form 1210, an annual adjustment may be made based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. For operators filing FCC Form 1240, an adjustment may be made based on quarterly figures. All adjustments are based on changes in the Gross
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/2000/da002261.doc
  • COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 00-2261 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov CABLE SERVICES BUREAU ACTION October 4, 2000 INFLATION ADJUSTMENT FIGURES FOR CABLE OPERATORS USING FCC FORMS 1210 AND 1240 NOW AVAILABLE Under Commission rules, cable operators may adjust the non-external cost portion of their rates for inflation, 47 C.F.R. � 76.922 (d) (2) and � 76.922 (e) (2). For operators filing FCC Form 1210, an annual adjustment may be made based on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made. For operators filing FCC Form 1240, an adjustment may be made based on quarterly figures. All adjustments
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc00214.doc
  • area was certified to regulate basic rates, or a complaint was filed against the operator triggering FCC regulation of CPST rates, or the Commission had released an Order resolving an operator's regulatory status. For July 1, 1999, taking into account the sunset of CPST rate regulation, the regulated group consisted of operators regulated by the local regulatory authority pursuant to �76.922 (g)(8) of the Commission's Rules. A large percentage of the unregulated group comprises small operators who were exempt from rate regulation under Section 301(c) of the Telecommunications Act of 1996. For further information on the breakdown of the regulated and unregulated groups by size, see Attachment B-6. The BST is defined as the package of channels (or tier) that includes
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • 54(...continued) 1998, at 3. License fees are the fees charged by a cable network to allow an operator to deliver the network's programming. License fees reported here do not include superstation license fees, common carrier payments, and copyright fees. 55Paul Kagan Assocs., Inc., Basic Cable Network Economics (1983-2007), Cable Program Investor, Mar. 13, 1998, at 3. 56Id. 5747 C.F.R. � 76.922(f)(6). 58The six largest MSOs, in terms of subscriber size, were selected for this survey. They are: Cablevision Systems Corporation, Comcast Corporation, Cox Communications, Inc., MediaOne, Inc., TCI Communications, Inc., and Time Warner Cable. This questionnaire was a follow-up of last year's annual competition report. See 1997 Report, 13 FCC Rcd at 1239, Separate Statement of Chairman William E. Kennard. 59This
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • at 4. Id. at 4. License fees are the fees charged by a cable network to allow an operator to deliver the network's programming. License fees reported here do not include superstation license fees, common carrier payments, and copyright fees. Paul Kagan Assocs., Inc., Basic Cable Network Economics (1983-2009), Cable Program Investor, July 14, 1999, at 4. 47 C.F.R. � 76.922(f)(6). Copyright Act, 17 U.S.C. � 111 et seq. Copyright fees, though technically due on a specific date, are collected on a rolling basis. We report the most current figures available. Copyright Office, Library of Congress, Licensing Division Report of Receipts, Nov. 2, 1999. Date of "collection" indicates the date the Copyright Office has deposited payments made by cable operators. Payments
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc00279.doc
  • 1998, all of the approximately 11,000 cable systems in the country were required to file Form 325. The Form 325 Order reduces the number of filing systems to the 700 systems, approximately, that have 20,000 or more subscribers. Those 700 systems serve 70 percent of all cable subscribers. 47 C.F.R. �� 76.1-76.1514 . See 47 C.F.R � 76.601(c) and �� 76.922(b), (c), (e). 1998 Biennial Regulatory Review -- Streamlining of Cable Television Services Part 76 Public File and Notice Requirements, CS Docket No. 98-132, FCC 99-12, 14 FCC Rcd 4653 (1999) (``Streamlining Order''). 47 C.F.R. � 76.305(a) and 47 C.F.R. � 76.207. See Warren Publishing, Inc., Television & Cable Factbook, Cable Services Volume No. 53, 1985, p. 1385: Services Volume No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1996/dd961230.html
  • 1996. by MO&O. (FCC No. 96-492). WTB" ADDENDA: The following items, released December 27, 1996, did not appear in Digest No. 245: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TIME WARNER CABLE SOCIAL CONTRACT. Granted Time Warner Cable's request for the addition of recently acquired cable systems to the Social Contract between Time Warner and the Commission; granted a waiver of Section 76.922(e)(1) of the Commission's Rules in order to synchronize the annual adjustment authorized under the Social Contract for the additional communities. Action by Deputy Chief, Cable Services Bureau. Adopted: December 26, 1996. by Order. (DA No. 96-2192). CSB CENTURY COMMUNICATIONS CORPORATION, D/B/A YUMA CABLEVISION. Granted City of Yuma, Arizona's Petition for Reconsideration or Clarification of that portion of a Cable Services
• http://www.fcc.gov/eb/Orders/2002/DA-02-1048A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. 15 See, for example, In the Matter TCI of Illinois d/b/a Telenois, Inc., DA 01-1468, 16 FCC Rcd 12654 (CSB 2001). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1048A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1048A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
  • DA 95-301, 10 FCC Rcd 3813 (CSB 1995). 4 Id. at n. 1. 5 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 6 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 7 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. 76.922(b)(6)(ii). 15 Operator filed a refund liability deferral letter with the Commission dated May 18, 1994. 16 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. 76.922(b)(6)(ii). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1049A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1049A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
  • 98-2442, 13 FCC Rcd 23411 (CSB 1998). 6 Prior Order at n. 2. 7 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 8 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 Id. 11 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 13 Id. 14 Id. 15 Id. 16 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. Section 76.922(b)(6)(ii). 17 See Letter dated August 12, 1994 to the Federal Communications Commission from Trudi McCollum Foushee, Vice President, Crown Cable Law and Regulatory Affairs. 18 See Section 76.922(b)(6)(ii) of the Commission's rules, 47 C.F.R. 76.922
• http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
  • DA 99-1779 (CSB released September 7, 1999). 5 Prior Order at n. 1. 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. 7 See In the Matter of Bresnan Communications Company, DA
• http://www.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
  • DA 99-1779 (CSB released September 7, 1999). 5 Prior Order at n. 1. 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. 7 See In the Matter of Bresnan Communications Company, DA
• http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
  • DA 99-1779 (CSB released September 7, 1999). 5 Prior Order at n. 1. 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate approved by the Commission. Operator included this period in its refund plan calculation approved by the Commission. 7 See In the Matter of Bresnan Communications Company, DA
• http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
  • of the Commission's Rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's Rules, 47 C.F.R. 76.957. 10 See In the Matter of Cencom Cable Income Partners II, LP, 12 FCC Rcd 7948 (1997). 11 8 FCC Rcd 5631 (1993). 12 Cencom at 22 (footnote omitted). 13 See Section 76. 922 of the Commission's Rules, 47 C.F.R. 76.922. 14 See Section 76. 922 of the Commission's Rules, 47 C.F.R. 76.922. 15 Operator did not elect to take advantage of the Commission's rules which provide for a refund liability deferral period, if timely requested by Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on
• http://www.fcc.gov/eb/Orders/2002/DA-02-1380A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 In the Matter of Sammons Communications, Inc., DA 95-307, 10 FCC Rcd 3824 (CSB 1995). 15 See In the Matter of Cencom Cable Income Partners II, L.P., 12 FCC Rcd 7948 (1997). 16 8 FCC Rcd 5631 (1993). 17 Cencom at 22 (footnote omitted). 18 See
• http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
  • DA 95-309, 10 FCC Rcd 3852 (CSB 1995). 4 Id. at n. 1. 5 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. The Cable Services Bureau included this time period in its refund plan calculation for DA 95-303. See In the Matter of Marcus Cable Associates, LP, DA 99-1906,
• http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
  • DA 95-303, 10 FCC Rcd 3816 (CSB 1995). 4 Id. at n. 1. 5 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. The Cable Services Bureau included this time period in its refund plan calculation for DA 95-303. See In the Matter of Marcus Cable Associates, LP, DA 99-1906,
• http://www.fcc.gov/eb/Orders/2002/DA-02-1691A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Thirteenth Order on Reconsideration, MM Docket No. 92-266, 11 FCC Rcd 388 (1996). 15 FCC Form 1240 Instructions at p. 12 (July 1996). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1691A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1691A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1695A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. 14 Operator calculated a total refund liability of $131,622.03. 15 Operator's refund liability extends from the date of the first valid complaint, February 2, 1998, through December 31, 1998. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1695A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1695A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
  • DA 95-2168, 10 FCC Rcd 11559 (CSB 1995). 4 Id. at n. 1. 5 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 6 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 7 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1696A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1696A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
  • of Marcus Cable Associates, LP, DA 97-2102, 13 FCC Rcd 7071 (CSB 1998). 6 The Commission's rules provide for a refund liability deferral period, if timely requested by the Operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from Operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). Operator elected to defer refund liability. However, Operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. Operator's Amended Refund Plan, which we review herein, includes this time period in its refund calculation for Order, DA 95-781. 7 Communications Act, Section 623(c), as amended,
• http://www.fcc.gov/eb/Orders/2002/DA-02-1701A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. 15 See In the Matter of Time Warner Cable, FCC 99-217, 14 FCC Rcd 13760 (1999). 16 See In the Matter of Social Contract for Time Warner, 11 FCC Rcd 2788 (1996). 17 See, e.g. In the Matter of Time Warner Cable, DA 98-1826, 13 FCC Rcd
• http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 17 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 18 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 19 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 20 Id. 21 See 47 C.F.R. 76.922(b)(6)(ii). 22 Id. 23 In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). 24 In the Matter of Cencom Cable Income Partners II, LP, FCC
• http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1703A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1703A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 13 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 14 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 15 Id. 16 Id. 17 Id. 18 Id. 19 In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1704A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1704A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1705A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 13 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 14 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 15 Id. 16 See Section 76.922(l) of the Commission's Rules, 47 C.F.R. 76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93?215 and CS Docket No. 94?28, FCC 95?502, 11 FCC Rcd 2220 (1996). 17 The Commission made clear that the fact
• http://www.fcc.gov/eb/Orders/2002/DA-02-1707A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 (1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1707A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1707A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1708A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1708A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1708A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1712A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 6 Pub. L. No. 104-104, 110 Stat. 56 (1996). 7 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 8 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 9 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 10 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 11 Id. 12 Id. 13 Id. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1712A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1712A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-1937A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 7 Pub. L. No. 104-104, 110 Stat. 56 (1996). 8 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 9 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 10 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 12 Id. 13 Id. 14 Id. 15 See Second Order at n. 18, citing Marcus Cable Associates, LP, DA 98-2308, 13 FCC Rcd 22314 (CSB 1998) ("Form 1235 Order"). 16 Form 1235 Order at 6, n. 15. 17 See FCC Form 1235 Instructions at p. 8, requiring that the subscriber count reflect the
• http://www.fcc.gov/eb/Orders/2002/DA-02-2162A1.html
  • See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 5 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 6 See In the Matter of Jones Growth Partners, II, LP, DA 99- 1344, 14 FCC Rcd 10626 (CSB 1999). 7 Cable operators may justify their rates through a cost of service showing using FCC Form 1220. See Section 76.922(l) of the Commission's Rules, 47 C.F.R. 76.922(l). See also, Second Report and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking, MM Docket No. 93?215 and CS Docket No. 94?28, FCC 95?502, 11 FCC Rcd 2220 (1996). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2162A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2162A1.doc
• http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
  • adjusted for reasons other than the availability of a more accurate inflation figure, e.g., because the operator failed to provide correct information in its rate justification or failed to complete its rate justification form correctly, the Bureau recalculates the maximum permitted rate using the most accurate inflation information available, rather than earlier estimates.24 This practice is consistent with 47 C.F.R. 76.922(b) (9) (iii), which provides: [I]f the rates charged by a cable operator are not justified by an analysis based on the data available at the time it initially adjusted its rates, the cable operator must adjust its rates in accordance with the most accurate data available at the time of the analysis. [footnotes in original] 6. Because the Cable Services
• http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 13 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 14 Id. 15 See 47 C.F.R. 76.922 (b) (6) (ii). 16 47 C.F.R. 76.922 (b) (6) (ii). Se also Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC
• http://www.fcc.gov/eb/Orders/2002/DA-02-2465A1.html
  • L. No. 102-385, 106 Stat. 1460 (1992). 8 Pub. L. No. 104-104, 110 Stat. 56 (1996). 9 See Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 11 FCC Rcd 5937 1996). 10 See Section 76.956 of the Commission's rules, 47 C.F.R. 76.956. 11 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 12 See Section 76.922 of the Commission's Rules, 47 C.F.R. 76.922. 13 Id. 14 The Cables Services Bureau concluded that "[t]he instructions for FCC Form 1200, Line G5 require the entry of equipment revenue information `for the last whole monthly billing period ending on or before September 30, 1992.' [footnote omitted] In contrast the relevant instructions for FCC Form 393 direct cable operators to
• http://www.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
  • 76.957 of the Commission's rules, 47 C.F.R. 76.957. 11 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 8 FCC Rcd 5631, 5755-56, 5766-67, 5881-83 (1993). 12 See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, 9 FCC Rcd 4119 (1994). 13 See Section 76.922 of the Commission's rules, 47 C.F.R. 76.922. 14 Id. 15 See 47 C.F.R. 76.922(b)(6)(ii). 16 Id. 17 In the Matter of Suburban Cable TV, Inc., DA 97-2032, 13 FCC Rcd 13111 (CSB 1997). See also, In the Matter of Charter Communications, DA 02-637 (CSB released March 20, 2002). 18 In the Matter of Cencom Cable Income Partners II, LP, FCC
• http://www.fcc.gov/eb/Orders/2002/DA-02-2921A1.html
  • 76.956. 8 See Section 76.957 of the Commission's rules, 47 C.F.R. 76.957. 9 The Commission's rules provide for a refund liability deferral period, if timely requested by an operator, beginning May 15, 1994 and ending July 14, 1994, for any overcharges resulting from the operator's calculation of a new maximum permitted rate on its FCC Form 1200. See 47 C.F.R. 76.922(b)(6)(ii). However, an operator will incur refund liability from May 15, 1994 through July 14, 1994 for any CPST rates charged above the FCC Form 393 maximum permitted rate. Our review of the FCC Form 393 reveals that Operator did not charge in excess of its maximum FCC 393 rate between May 15, 1994 and July 14, 1994. See also In
• http://www.fcc.gov/eb/Orders/2003/DA-03-197A1.html
  • d/b/a Jones Intercable, Inc., DA 96-1533, 11 FCC Rcd 10656 (CSB 1996). 5 Communications Act, Section 623(c), as amended, 47 U.S.C. 543(c) (1996). 6 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 7 See Section 76.956 of the Commission's Rules, 47 C.F.R. 76.956. 8 Id. 9 See Section 76.957 of the Commission's Rules, 47 C.F.R. 76.957. 10 See 47 C.F.R. 76.922(f)(4); Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order, 11 FCC Rcd 20206 (1996); and Time Warner Entertainment Co., LP v. FCC, 144 F.3d 75 (D.C. Cir. 1998). 11 See Appendix B of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, Memorandum Opinion and Order,
• http://www.fcc.gov/mb/engineering/76print.html
  • competition. [89]76.906 Presumption of no effective competition. [90]76.907 Petition for a determination of effective competition. [91]76.910 Franchising authority certification. [92]76.911 Petition for reconsideration of certification. [93]76.912 Joint certification. [94]76.913 Assumption of jurisdiction by the Commission. [95]76.914 Revocation of certification. [96]76.916 Petition for recertification. [97]76.917 Notification of certification withdrawal. [98]76.920 Composition of the basic tier. [99]76.921 Buy-through of other tiers prohibited. [100]76.922 Rates for the basic service tier and cable programming service tiers. [101]76.923 Rates for equipment and installation used to receive the basic service tier. [102]76.924 Allocation to service cost categories. [103]76.925 Costs of franchise requirements. [104]76.930 Initiation of review of basic cable service and equipment rates. [105]76.933 Franchising authority review of basic cable rates and equipment costs. [106]76.934 Small systems
• http://www.fcc.gov/mb/engineering/part76.pdf
  • a determination of effective competition. � 76.910 Franchising authority certification. � 76.911 Petition for reconsideration of certification. � 76.912 Joint certification. � 76.913 Assumption of jurisdiction by the Commission. � 76.914 Revocation of certification. � 76.916 Petition for recertification. � 76.917 Notification of certification withdrawal. � 76.920 Composition of the basic tier. � 76.921 Buy-through of other tiers prohibited. � 76.922 Rates for the basic service tier and cable programming services tiers. � 76.923 Rates for equipment and installation used to receive the basic service tier. � 76.924 Allocation to service cost categories. � 76.925 Costs of franchise requirements. � 76.930 Initiation of review of basic cable service and equipment rates. � 76.933 Franchising authority review of basic cable rates and
• http://www.fcc.gov/ogc/documents/opinions/1998/timewrn2.html http://www.fcc.gov/ogc/documents/opinions/1998/timewrn2.wp
  • it were in a competitive market. Put simply, a system operator's initial permitted rate either was its rate in effect on September 30, 1992 reduced by a "competitive differential" (the "full reduction rate"), or was calculated in accordance with certain FCC formulas and worksheets without reference to rates in effect on September 30, 1992 (the "transition rate"). See 47 C.F.R. 76.922(b) (1997). Most systems, the Commission has said, employed the former rate. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Memorandum Opinion and Order (Order on Remand), 11 F.C.C.R. 20206, & 22 (1996). In Time Warner Entertainment Co. v. FCC, 56 F.3d 151 (D.C. Cir. 1995), we considered consolidated petitions for review of the
• http://www.fcc.gov/ogc/documents/opinions/2003/01-60804.pdf
  • broadcast channels; those non-commercial public, educational, and government-access channels that the cable system is required by its franchise to carry; and such additional channels as the cable operator may in its discretion include in this tier." Time Warner Entm't Co. v. FCC, 56 F.3d 151, 162 (D.C. Cir. 1995); see also 47 U.S.C. � 543(b)(7). 3 See 47 C.F.R. � 76.922(a) ("The maximum monthly charge per subscriber for a tier of regulated programming services offered by a cable system shall consist of a permitted per channel charge multiplied by the number of channels on the tier, plus a charge for franchise fees."); In the Matter of Implementation of Section of the Cable Television Consumer Protection reasonable by the District of Columbia
• http://www.fcc.gov/pshs/docs/services/eas/Second.pdf
  • the type accounted for in the establishment of the initial benchmark levels are not subject to separate pass through treatment. Because, as a general matter, system operators are subject to changes that both increase and decrease costs, the circumstances in which increases are allowed without consideration of balancing decreases have been carefully circumscribed. 87 External costs, as defined in Section 76.922(f) include 1) state and local taxes applicable to the provision of cable television service; 2) franchise fees; 3) costs of complying with franchise requirements, including costs of providing public , educational, and governmental access channels as required by the franchising authority, 4) retransmission consent fees and copyright fees incurred for the carriage of broadcast signals, 5) other programming costs; and