FCC Web Documents citing 76.961
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.txt
- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
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- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001036.doc
- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001051.doc
- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001060.doc
- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002371.doc
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
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- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001060.doc
- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.txt
- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
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- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001023.doc
- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001024.doc
- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001025.doc
- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001036.doc
- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001051.doc
- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001060.doc
- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002371.doc
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
- 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
- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000148.doc
- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
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- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
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- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
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- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
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- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
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- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001060.doc
- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
- 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
- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
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- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
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- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
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- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
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- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
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- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
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- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
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- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
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- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001023.doc
- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
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- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
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- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
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- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
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- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992749.doc
- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
- http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992766.doc
- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000148.doc
- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000266.doc
- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000284.doc
- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001022.doc
- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001023.doc
- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001024.doc
- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001025.doc
- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001036.doc
- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001051.doc
- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
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- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002371.doc
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
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- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-676A1.txt
- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
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- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001023.doc
- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001024.doc
- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001025.doc
- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001036.doc
- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001051.doc
- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001060.doc
- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002371.doc
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
- http://www.fcc.gov/eb/Orders/2002/DA-02-1049A1.html
- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1050A1.html
- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1051A1.html
- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1053A1.html
- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1054A1.html
- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-1055A1.html
- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1387A1.html
- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-1388A1.html
- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1696A1.html
- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1697A1.html
- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1702A1.html
- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
- http://www.fcc.gov/eb/Orders/2002/DA-02-1703A1.html
- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-1704A1.html
- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
- http://www.fcc.gov/eb/Orders/2002/DA-02-2165A1.html
- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
- http://www.fcc.gov/mb/engineering/76print.html
- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
- http://www.fcc.gov/mb/engineering/part76.pdf
- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §
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- through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates charged by Operator in the community referenced above, for the period prior to July 15, 1994 and the period beginning April 1, 1995, ARE REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through September 30, 1994. 11. IT
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.81 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 20, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.00 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
- 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
- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.19 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 24, 1995 through June 30, 1995. 9.
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- above, effective March 1, 1995 through November 30, 1997, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $18.25, charged by the Operator in the community referenced above, effective December 1, 1997 through November 30, 1998, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $15.99 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 14, 1995 through June 30, 1995. 9.
- 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
- of $19.74, effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rates charged by the Operator in the community referenced above, effective October 25, 1995 through March 31, 1999, ARE UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.36 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning December 1, 1997 through March 31, 1998. 10.
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- in the community referenced above, effective March 7, 1995 through June 30, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $15.09, charged by the Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.66 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning March 7, 1995 through March 31, 1995. 9.
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- in the community referenced above, effective May 4, 1995 through September 30, 1996, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $13.71, charged by the Operator in the community referenced above, effective October 1, 1996, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.34 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 4, 1995 through June 30, 1995. 8.
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- did not provide any additional CPST rate justification forms to support an MPR above $8.55. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. §0.321, that the CPST rate of $9.25, charged by the Operator in the community referenced above, effective October 1, 1995, IS UNREASONABLE. 5. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.55 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning October 12, 1995 through the day before Operator
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- Act") required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber. The filing of a valid complaint triggers an obligation upon the cable operator to file a justification of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 2. Section 76.961 (b) of the Commission's rules limits the calculation of refund liability to a period which begins on the date a valid complaint was filed. In the instant matter, Complainant discontinued service prior to the filing date of the complaint and there is no indication in the record that Complainant, an Adult Foster Care Home, represents a class of subscribers that
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- by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS
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- 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to
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- above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to
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- above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- community referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. IT IS
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- community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS
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- above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT
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- above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT
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- community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. IT IS
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- December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus
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- IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT
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- was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to
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- effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint
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- the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT
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- 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the
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- Hawaii, Inc., DA 98-1746, 13 FCC Rcd 18466 (1998) IS AMENDED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $17.49, charged by Operator in the community referenced above, effective April 1, 1998, IS UNREASIONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.81 per month (plus franchise fees), plus interest to the date of the refund, for the period April 2, 1998 (the date of the first
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- of $8.60, effective October 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1999 ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $5.20 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- effective December 1, 1997 through November 30, 1998, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $5.71, charged by Operator in the community referenced above, effective July 15, 1994 through November 30, 1998, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $4.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 8.
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- April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $12.29, charged by Operator in the franchise area referenced above effective July 15, 1994 through March 31, 1999, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.76 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1995. 8.
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- service rates. 76.951 Standard complaint form; other filing requirements. 76.952 Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform
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- deleted as obsolete. Finally, this Order deletes rules pertaining to the process for filing and adjudicating complaints concerning the rates charged by a cable system for its cable programming services tier (``CPST''). The Commission's authority to regulate CPST rates sunset in 1999. Therefore, the Commission's CPST complaint process rules, 47 C.F.R. §§ 76.950, 76.951, 76.953, 76.954, 76.955, 76.956, 76.957, 76.960, 76.961, 76.1402, 76.1605 and 76.1606 are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are nonsubstantive, editorial revisions of the rules under 47 C.F.R. § 0.231 (b). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that
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- 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 rate regulation. These rule sections or paragraphs are: 76.922(a); 76.922(b)(5); 76.922(b)(7); 76.922(e)(2)(iii)(C); 76.922(f)(4); 76.922(f)(8); 76.922(g); 76.922(i)(1),
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- the projected period June 1, 1998 to May 31, 1999 ("1998 1240"). Operator argues that we should accept its "hybrid" refund plan which allows for some payment of refunds to subscribers, for the period prior to June 1, 1997, while accounting for overcharges after June 1, 1997 in its true-up calculations on its next FCC Form 1240 filing. 8. Section 76.961 of the Commission's rules requires operators to make refunds by either "returning overcharges to those subscribers who actually paid the overcharges'' or through a "specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable programming service." Once an order has been released requiring an operator to make such a refund, we will
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- 47 C.F.R. § 0.321, In the Matter of Media General Cable of Fredericksburg, DA 98-882, 13 FCC Rcd 11103 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. §1.106, that Operator's Request for Stay IS DISMISSED AS MOOT. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area of Fredericksburg, CUID No. VA0020, that portion of the amount paid in excess of the maximum permitted CPST rate of $7.84 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July
- 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
- Comments at 12. 125See 1996 Act, § 301(b)(1)(A), 110 Stat. 115. 126Fleischman Comments at 19. Accord NCTA Comments at 25. 127Fleischman Comments at 19. 128Id. See 47 U.S.C. 543(c)(1)(C) ("refund such portion of the rates or charges that were paid by subscribers after the filing of the first complaint filed with the franchising authority . . . "; 47 C.F.R. 76.961(b) as amended herein, infra 20 have discretion to decline to file a complaint with the Commission. NCTA and the Massachusetts Commission both request that the Commission state explicitly that LFAs have the discretion not to file a rate complaint even if the requisite number of subscriber complaints has been timely filed with the LFA.121 Other commenters suggest that the LFA
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- above, effective August 1, 1996 through July 31, 1997, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $21.92, charged by Operator in the communities referenced above, effective August 1, 1997 through July 31, 1998, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $21.43 per month (plus franchise fees), plus interest to the date of the refund, for the period April 1, 1997 through July 31, 1997. 13. IT
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000148.doc
- Sections 0.321 and 76.962 of the Commission's rules, 47 C.F.R. §0.321 and §76.962, that Operator shall refund to subscribers in the franchise areas referenced above the total amount of $762.75 plus franchise fees within 60 days of the release of this Order, for the period November 15, 1993 through July 14, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the communities referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.47 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through January 31, 1995. 13. IT
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- in the community referenced above, effective July 14, 1994 through November 14, 1994, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $10.34, charged by Operator in the community referenced above, effective November 15, 1994, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.75 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 13, 1994. 9.
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.84 per month (plus franchise fees), plus interest to the date of the refund, for the period March 13, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through June 30, 1995, IS UNREASONABLE . 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective July 1, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.59 per month (plus franchise fees), plus interest to the date of the refund, for the period March 14, 1995 (the date of the first valid complaint)
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- area referenced above, effective February 15, 1995 through March 31, 1995, IS UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $14.31, charged by Operator in the franchise area referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.87 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 11. IT IS
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- in the community referenced above, effective May 15, 1994 through February 14, 1995, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $15.82, charged by Operator in the community reference above, effective February 15, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.72 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 9.
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- of $15.95, effective April 1, 1998 through March 31, 1999, to be unreasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rates charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $9.53 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through February 14, 1995. 8.
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- in the community referenced above, effective July 16, 1994 through January 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R. § 0.321 that the CPST rate of $8.11, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.49 per month (plus franchise fees), plus interest to the date of the refund, for the period July 16, 1994 through January 31, 1995. 8.
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- effective April 1, 1998 through March 31, 1999, to be unreasonable. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rates, charged by Operator in the franchise area referenced above, effective February 15, 1995 through March 31, 1999, ARE UNREASONABLE . 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.50 per month (plus franchise fees), plus interest to the date of the refund, for the period March 10, 1995 (the date of the first valid
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001320.doc
- in the community referenced above, effective May 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $18.21, charged by Operator in the community referenced above, effective February 1, 1995, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the franchise area referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $16.95 month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through September 30, 1994. 10. IT
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. § 0.321, that the CPST rate of $13.85, charged by the Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $14.20 per month (plus franchise fees), plus interest to the date of the refund, for the period beginning May 15, 1994 through July 14, 1994. 13.
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- charged by Operator in the community referenced above, effective November 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.95, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.50 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through June 30, 1995. IT IS FURTHER
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- January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.01 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994 through July 14, 1994. 16. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective November 1, 1994 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.53, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. . 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.37 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective January 1, 1995 through March 31, 1995, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.63, charged by Operator in the community referenced above, effective April 1, 1995 IS REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.46 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 12. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective February 1, 1995 through March 31, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.46, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $10.70 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994 through December 31, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- referenced above, effective July 15, 1994 through September 30, 1995, IS UNREASONABLE. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.38, charged by Operator in the community referenced above, effective October 1, 1995, IS REASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $10.64 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through September 30, 1995. 14. IT IS
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- the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $7.61 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. IT IS FURTHER
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- referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective April 1, 1995, IS REASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.71 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through March 31, 1995. 8. IT IS
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- referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective January 1, 1995, IS REASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.12 per month (plus franchise fees), plus interest to the date of the refund, for the period May 15, 1994, through June 30, 1994. 9. IT IS
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- referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.14, charged by Operator in the community referenced above, effective June 1, 1996, IS REASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $8.05 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through September 30, 1995. 10. IT IS
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- through December 31, 1994, ARE UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community of Florissant, MO, (CUID No. MO0079), effective July 15, 1994 through December 31, 1995, ARE UNREASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the communities of La Canada, CA (CUID No. CA0132), Walnut, CA (CUID NO. CA0899) and Pasadena, CA (CUID NO. CA1093), that portion of the amount paid in excess of the maximum permitted CPST rates set forth in this order for each community per month (plus franchise
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- 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09, charged by Operator in the community referenced above, effective February 1, 1996 through November 7, 1996 IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $12.40 per month (plus franchise fees), plus interest to the date of the refund, for the period February 1, 1996 through March 31, 1996. 10. IT IS
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- complaint was filed with the Commission) through June 30, 1995, IS UNREASONABLE. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.58, charged by Operator in the community referenced above, effective July 1, 1995, IS REASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount paid in excess of the maximum permitted CPST rate of $9.98 per month (plus franchise fees), plus interest to the date of the refund, for the period October 5, 1993 through May 14, 1994. 11. IT IS FURTHER ORDERED, pursuant to Section
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- above, effective July 1, 1994 through December 31, 1995, IS UNREASONABLE. 13. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.93, charged by Operator in the franchise area referenced above, effective January 1, 1996, IS REASONABLE. 14. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $11.95 per month (plus franchise fees), plus interest to the date of the refund, for the period September 10, 1993 (the date the first valid complaint was
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- in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by Operator in the community referenced above, effective January 1, 1995, ARE REASONABLE. 11. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community referenced above that portion of the amount paid in excess of the maximum permitted CPST rate of $13.96 per month (plus franchise fees), plus interest to the date of the refund, for the period July 15, 1994, through December 31, 1994. 12. IT IS
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- HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers in the community of Camden, SC (CUID No. SC0130), the total amount of $82,669.00, plus any additional interest accruing between October 31, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days of the release
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- service rates. [120]76.951 Standard complaint form; other filing requirements. [121]76.952 Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform
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- requirements. § 76.952 Information to be provided by cable operator on monthly subscriber bills. § 76.953 Limitation on filing a complaint. § 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. § 76.955 Additional opportunity to file corrected complaint. § 76.956 Cable operator response. § 76.957 Commission adjudication of the complaint. § 76.960 Prospective rate reductions. § 76.961 Refunds. § 76.962 Implementation and certification of compliance. § 76.963 Forfeiture. § 76.970 Commercial leased access rates. § 76.971 Commercial leased access terms and conditions. § 76.972 Customer service standards. § 76.975 Commercial leased access dispute resolution. § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. § 76.978 Leased access annual reporting requirement. §