FCC Record, Volume 14, No. 28, Pages 15218 to 15862, September 7 - September 17, 1999 Page: 15,228
ix, 15218-15862 p. ; 28 cm.View a full description of this book.
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Federal Communications Commission "IA Oc-l / Io
and are justified.'5 Because final inflation data for the period addressed in rate
justifications may not be available when a justification is filed, the Commission directs
operators to estimate inflation by using the most recently available inflation data published
on an interim basis in the Commerce "Survey of Current Business" at Table 7.3, Line 5.16
The Bureau practice when reviewing rate justifications is to verify that the operator has
used this inflation data. The Bureau also determines whether the other information in the
rate justification is correct, and on the basis of the inflation and other information in the
form, including any corrections, whether the operator's rate meets the statutory
requirement that the rate not be unreasonable. The Bureau does not find a rate
unreasonable solely because more accurate inflation data has become available by the time
it makes its review. This would chur rates, causing significant administrative expenses
to operators and confusion to subscribers. However, if a rate is unreasonable on its face
or has to be adjusted for reasons other than the availability of a more accurate inflation
figure, e.g., because the operator failed to provide correct information in its rate
justification or failed to complete its rate justification form correctly, the Bureau
recalculates the maximum permitted rate using the most accurate inflation information
available, rather than earlier estimates.'7 This practice is consistent with 47 C.F.R.
76.922(b)(9)(iii), which provides:
[I]f the rates charged by a cable operator are not justified by an analysis based
on the data available at the time it initially adjusted its rates, the cable operator
must adjust its rates in accordance with the most accurate data available at the
time of the analysis.
[footnotes in original]
7. Because we find that our action in our Prior Order is consistent with the Commission's
holding in Cencom, we reject Operator's argument and deny Operator's Petition.
8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47
C.F.R. 1.106, that Operator's Petition for Reconsideration IS DENIED.
5 See Third Order on Reconsideration, 9 FCC Rcd at 4349-50; FCC Form 393 at 11 Instruction for Line 122--
GNP-PI (Current) (Aug. 1993). The Bureau has explained the requirement to use current data in Cable Operators'
Rate Justification Filings, Sections 76.945, 76.946 of the Commissions rules, 9 FCC Rcd 7752, 7754-55 3(8) (Cab.
Serv. Bur. 1994) ("Rate Filings"); Nov. 10, 1993 Public Notice, Answer to Question No. 6 (in filing rate
justifications, operators must refresh data used in initial rates with most current information as of the date of initial
regulation); July 30, 1993 Public Notice, Answer to Question 10.
6 See FCC Form 393 at 11 Instruction for Line 122--GNP-PI (Current) (Aug. 1993).
' See Public Notice, Cable Services Bureau Announces Policy Regarding Inflation Adjustment on FCC Form
393, DA 95-999 at 2 (Cab. Serv. Bur. May 2, 1995). The Bureau gave operators the opportunity to review and
correct errors in their benchmark rate filings. Operators who had not previously correctly calculated the inflation
adjustment factor were directed to use the accurate factors through June 30, 1994. Public Notice, Cable Services
Bureau Announces Optional Procedures with Respect to Pending Pre-May 15 Benchmark Cases, DA 94-1556 at 3-4
(Dec. 29, 1994). The Public Notice listed the inflation adjustment factors through June 30, 1994.15228
Federal Communications Commission
nA 09-1 77R
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United States. Federal Communications Commission. FCC Record, Volume 14, No. 28, Pages 15218 to 15862, September 7 - September 17, 1999, book, September 1999; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc2929/m1/26/: accessed May 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.