HomeMy WebLinkAboutORD 2002-044 ORDINANCE NO. 2002-44
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS ESTABLISHING THE MAXIMUM
PERMITTED BASIC SERVICE TIER RATES CHARGED BY
AT&T BROADBAND CABLE, DECLARI NG AN E M E RG E N CY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas franchises cable television service for
the benefit of its citizens; and
WHEREAS, the City is the Grantor of a franchise ordinance by and between the
City of Grapevine and AT&T Broadband ("AT&T"); and
WHEREAS, in accordance with applicable provisions of the Telecommunications
Act of 1996 (herein the "Telecom Act") and rules adopted by the Federal
Communications Commission ("FCC") and all other applicable federal and state law and
regulations, the City has undertaken all appropriate procedural steps to regulate the
equipment and installation rates; and
� � WHEREAS, in accordance with applicable FCC regulations the City adopted an
ordinance providing for the regulation of rates charged by cable television operators
within the City for the equipment and installation rates and related equipment and
installation charges and providing for a reasonable opportunity for interested parties to
express their views concerning basic cable regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. Findings:
1. That on or about March 1, 2002, the City of Grapevine received
AT&T Broadband's FCC form 1240 filing.
2. That the City engaged the services of C2 Consulting Services, Inc.
to provide assistance in the review of AT&T's FCC form 1240 to
determine the reasonableness of the proposed basic service tier
rates, attached hereto as Exhibit "A".
, . 3. That AT&T intends to institute a rate adjustment based on its Form
1240 filing effective July 1, 2002.
� ,.�
4. That based upon the information received from AT&T and
recommendations from C2 Consulting Services, Inc., the City
X w concludes that the rate proposed by AT&T for maximum permitted
service rate is not reasonable.
Section 2. Conclusions:
The City has an obligation to timely act upon the pending rate application
consistent with current FCC rules and regulations. AT&T's submittal of the FCC Form
1240 received on or about March 1, 2002, is hereby rejected, for the reason that the
proposed rate is not reasonable.
Section 3. Orders for Action:
Based on the foregoing Findings and Conclusions, the City hereby enters the
following orders:
1. AT&T's request for maximum permitted basic service rate of $10.94
included in the FCC Form 1240 filing is hereby denied.
2. Based on the information received from AT&T and recommendations from
C2 Consulting Services, Inc. which is attached hereto as Exhibit "A" and
included herein for all purposes, the maximum permitted rate for the basic
service tier is established at $10.81 effective July 1 st, 2001. And, the
- operator selected rate of $10.32 should be accepted since it remains
below the maximum permitted rate.
3. AT&T's proposal included the Form 1235 Rate of $1.45 which is hereby
denied (and which was denied in last rate review as unreasonable).
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the public creates an emergency which requires that this
ordinance become effective from and after the date of its passage, and it is accordingly
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of June in 2002.
APPROVED:
William D. Tate
� .r
Mayor
ORD. NO. 2002-44 2
x� . ATTEST:
�,..;a
inc�a Huff
City Secretary
APPROVED AS TO FORM
��_��;���
John F. Boyle, J .
City Attorney
�<;.�
����
��. v
ORD. NO. 2002-44 3
' a • ,
y n
` D C� C� C� � �JC�
NSULTING SERVICES, INC. APR 2 9 2002
gy -
,�,,,, 7801 Pencross Ln. Tel.(972)726-7216
Dallas,Texas 75248 Fax (972) 726-0212
Apri124, 2002 ,�
EXHIBIT� TO �
Ms. Melisa Leal Pag9 �,� Of
Assistant to the City Manager
City of Grapevine
PO Box 95104
Grapevine,Texas 76099
Deaz Ms. Leal:
C2 �onsulting Services, Inc. ("C2")has completed its review of the FCC Form 1240 submit�ed to
the City of Grapevine, Texas(the"City")by AT&T Broadband("AT&T"or the"Company") on
or about March 1, 2002. The following report provides a brief discussion of the issues noted
during the review and C2's recommendations regarding potential Ciry Council actions in
response to AT&T's proposed basic service rate.
This study does not consritute an examination of the financial condition of AT&T or its pazent
, company. Therefore, C2 cannot and does not express any position with regard to the accuracy or -
validity of the financial informatip�provided by AT&T during the course of the analyses.
��:.�
OVERVIEW OF THE FILI�TG
According to the informarion provided by AT&T, five channels have been added to the basic
service tier since the last filing far a total of twenty-seven (27) channels. There are no additional
changes proposed for the projected period. The current basic service rate charged by AT&T is
$9.82 as approved by the City in its 2000 review. AT&T originally proposed to increase the
maximum permitted basic service rate to $10.97, with an operator selected rate of$10.32 (a net
increase to the subscriber of$.50}. The rate year has changed to June 30, 2002 through May 31,
2003.
Upon initial review of the fil�ing, C2 noted that AT&T had "irued-up" two months that had
already been trued-up in the prior 2000 filing and informed the Company. On or about March 29,
AT&T filed an Amended Fonn 1240 with a proposed maximum pennitted Form 1240 rate of
$10.94, with a continued operator selected rate of$10.32.
There are five major factors that explain AT&T's proposed increase in the basic service rate:
l. AT&T proposes to use a higher inflation factor in its current Form 1240 true-up
period than was estimated in the projected peziod for the 2000 filing;
2. Because of the change in the rate year, there are rivo additional months that must be
trued-up in the calculation;
��
� Ms. Melisa Lea1 � EXHIBIT..�_ TO ����a�'�'`f`�
Apri124, 2002 Page �.._ of /�
Page 2
' " 3. AT&T proposes additional programming costs related to the addition of channels to
the basic service tier;
� 4. The number of subscribers over which to spread the costs is declining; and -
5. AT&T proposes an additional projected year of inflation in its current Form 1240 that
will be trued-up next year pursuant to FCC regulations.
ANALYSES OF THE FILINGS
Project Objectives and Activities
The project objecrives are three-fold:
1. Assessment of the completeness of the filings with regard to the informarion and
documentation that must be filed with the City.
2. Assessment of the reasonableness of the proposed computarions in light of FCC
regulations, and FCC rulings.
3. Assessment of the reasonableness of the proposed computarions in light of City
actions resulring from analysis of the 2000 Form 1240 computations and subsequent
rate order.
Given these objectives, C2 conducted the following projecf activiries:
1. Review of the filing to assess the completeness based on the FCC Form instructions: �
2. Review of the filing. to identify any issues with respect to the data and/or
methodologies employed by AT&T.
3. Submission of follow-up data requests and subsequent review of AT&T's responses.
4. Review of FCC decisions and City orders that clearly have an impact on AT&T's
proposed methodologies.
5. Development of potential alternatives available to the City in establishing ma�cunum
pernutted basic seivice rates.
Summary of Findings
C2 identified five additional issues with respect to AT&T's amended Fonn 1240 computation.
1. AT&T inappropriately included progr�mming costs that were not related to the time
Paragon owned and operated the system. � �
2. AT&T incorrectly computed its FCC User fees based on the FCC order.
3. AT&T made refunds for the 2000 rate review that did not incorporate the same
subscriber counts as included in this filing.
4. In conjunction with conecting the True-Up F'eriod, the inflation factors to be applied
during both the True-Up Period and the Projected Period need to reflect the most
recent information available.
` Ms. Melisa Lea1 ° EXHI8IT�. TO �:��'t�°2'`'�`�
Apri124,2002 PaqB � Of ��
Page 3
5. It appears that AT&T proposes a total maximum permitted rate of $12.39, which
includes a Form 1235 upgrade rate of$1.45.
.�,,:. _
1. Inappropriate Programming Costs
As you recall, the system was transfened from Paragon Cable to AT&T at the end of December
2000. Also at that tune, AT&T added five additional chatuiels,with increases in programming
costs. Based on the filing, AT&T used its programtning costs for the period October 2000
through December 2000. In C2's opinion, this is inconect. The prograuuning costs that should
be reflected are those of Paragon, as it was the operator of the system during that time. This
adjustment lowers AT&T's proposed amended rate by appro�cimately$.03.
2. Incorrect Computation of FCC User Fees
One of the components.of the extemal costs is the regulatory fee paid to the FCC. In the past,
AT&T has computed the amount of the FCC User fee based on the sum of monthly rates times
the number of subscribers in that month. Generally, the monthly rate has fluctuated between$.03
and$.OS per subscriber per month.
During the review, C2 noted that AT&T was proposing an increase in the monthly rate from $.04
to $.05. When asked to support this increase, AT&T responded that it was an estimate of the
increase anticipated from the FCC. Based on discussions with FCC representatives, C2
. discovered that the FCC had, in fact, proposed an increase in an annual amount per subscriber
from the current rate of$.49 to $,53. However, more importantly, C2 determined that the actual
�,,� payments made each September to the FCC by the cable operators are computed by multiplying
these annual rates per subsc.riber(not monthly)times the number of subscribers as of December
of the previous year. �
More specifically, for the September 2001 payment (which is included in the true up period),
FCC Order 01-196 established the annual payment per subscriber to be$.49. Paragraph 38 of this
order provided:
For regulatees whose fees are based upon a subscriber, unit or circuit count, the number of
regulatees' subscribers, units or circuits on December 31, 2000, will be used to calculate the
fee payment.
FCC Order 02-92 proposes to increase this annual amourit to$.53 per subscriber.
�
In C2's opinion, the previous methodology employed by AT&T to compute FCC User fees is not
entirely accurate. The amount reported on Worksheet 7 for the true-up period should be
computed by mulriplying $.49 rimes the December 2000 subscriber counts. Additionally, the
projected period amount should be computed by multiplying $.53 times the December 2001
subscriber counts. The results of changing the FCC User fee computarions is to reduce AT&T's
proposed MPR by less than$.O 1.
3. Incansistent Subscriber Counts
Pursuant to the 2000 review, the City ordered AT&T to make refunds for the period Febraary
� ' 2001 through July 2001. AT&T based these refunds on subscriber counts that were lower tJian
� Ms. Melisa Lea1 ° EXHIBIT� TO ��� '��
Apri124,2002 Page _.�. of '
Page 4
� those reported in this filing. Therefore, C2 has adjusted the rates noted on Worksheet 8 to take
into account the difference in these lower refunds. The impact on the proposed rate is to lower it "
- by approximately$.O 1. -
4. Adjustment to Inflation Rates
The fourth issue relates to the inflation factor used for both the true-up period and the projected
period. The Form 1240 methodology allows for an inflarion adjustment to be projected for each
rate year. Such projection becomes part of the true-up computation in the next rate filing. Based
on FCC regulations, a cable c�:rator is to use the most recent information published by the FCC
concerning quarterly inflation factors to be applied.l At the time of AT&T's current Fonn 1240
filing, the latest published inflation factor was for the third quarter 2001. Since AT&T's true-up
period is from October 2000 through November 2001, the inflation factors used were the fourth
quarter 2000, and the fust, second and third quarter 2001. The third quarter factor of 2.25%
continued to be used for the fourth quarter 2001 component of the true-up period. Additionally,
this third quarter factor was used for the enrire projected period. However, on April 9, 2002,
shortly after AT&T filed its current Form 1240, the FCC published the fourth quarter 2001 factor
of negative .11%.
Typically, if the inflation factor used is the only issue found in a franchising authority's review of
a Form 1240 filing, the FCC has found in favor of the cable operator using what was the most
recent data a�ailable at the time the filing was made. The FCC detailed this policy in the Third
Order on Reconsideration as follows
We share National Cable,T.elevision Association's concern that rates adopted in an effort
to comply with our rules as quickly as possible may become unreasonable solely as a
� L result of using later data to refresh the calcularions. Operators should not be penalized
for making good faith attempts to comply with our rules in a timely manner.
When current rates aze accurately justified by analysis using the old data (and that data
was accurate at the time), cable operators will not be required to change their rates. . .
When current rates are not jusrified by analysis using the old data (so that a rate
adjustment would be necessary in any event), cable operators will be required to correct
their rates pursuant to current data. In these circumstances, the resulting rates must be
based on current data? [emphasis added]
Clearly, if the franchising authority finds adjustments need to be made other than .those
attributable to the inflarion factors, the FCC has found that the inflarion factors can be adjusted
with data that became available subsequent to the date oi the filing. The FCC's position on this
issue is evidenced in the above cited Portland Order (DA 97-1852). In that decision, the FCC
found ei�ror with Paragon's use of estimated data in its true-up computation for CPST rates and
also made an adjusrinent to reflect current inflation factor data:
This adjustment required that we refresh Operator's inflation factars 3
'FCC Porm 1240 Instructions,Part I:Module C [Revised July 1996].
2 See Third Order nn Reconsideration,FCC 94-40,released March 30, 1994, paragra}�hs 93 and 94.
�`'" 3 See Order,DA 97-1852,released August 29, 1997,paragaph 10.
Ivls. Melisa Lea1 ' EXH181T� TO �L�� 1 �2.��-`�
Apri124, 2002
Page 5 Pitqe `— 0} ..L.�_
i Therefore, because C2 is recommending that other adjustments be made to AT&T's amended
Form 1240 computarion, the true-up period inflation factor should be refreshed to include the
� fourth quarter factor. With respect to the projected period, the rules state that the latest published
factor is to be used. However, in C2's opinion, it is unlikely that we will continue to have
negative inflation during the projected period. To include a decline in the rate now may result in
a significant true-up amount in the ne� filing, plus 11.25%interest. Therefore, in C2's opinion,
using an average factor for the last four quarters produces a more reasonable factor for the
projected period.4
The unpact of making the inflation factor adjustment is to reduce AT&T's proposal Form 1240
basic service rate by appro�cimately$.08.
5. Inappropriate Inclusion of a Form 1235 Rate
On one of the stumnary schedules included in this filing (not one of the Form 1240 formulae
schedules or worksheets), AT&T proposes a maximum basic service rate of $12.39. This
includes the proposed Form 1240 rate of$10.94 and a Form 1235 rate of$1.45. As you recall,
the City disallowed the Fonn 1235 rate in 1999. Therefare, the maximum permitted basic service
rate should only be the Form 1240 as adjusted.
SUMMARY OF RECOMMENDATIONS
__ , Based on the above findings, C2 recommends the following adjustments be considered by the �
City in determining the maximum pernutted monthly basic service rate:
'k N L The.programming costs for the fourth quarter 2000 should reflect the costs of
Paragon.
2. The FCC User fees should reflect the computarion required by the FCC for payment
remittance.
3. Worksheet 8 should be adjusted to reflect the refunds made based on lower
subscriber counts than included in the filing.
4. The inflation factors should be adjusted to reflect the published factors through the
fourth quarter of 200 L
5. The inflation factor for the projected period should reflect an average over the last
four quarters.
6. The City should consider ordering a maximum permitted rate for the Form 1240
computarion of$10.81 rather than the$10.94 proposed by AT&T. Since the operator
selected rate is still below the adjusted ma�ci�num permitted, the operator selected rate
of$10.32 should be accepted. � �
7. The City should affirm its denial of the Form 1235 rate of$1.45.
4 If the actual-.1 l.%fourth.quarter inflation factor is used for tl:e errtire projected period,the resulting rate
- is�10.62;still$.30 higher that the operator selected rate of$10.32.
� � ' Iv1s. ivtelisa Lea1 � EXHIBIT� TO ���°����'`'-``��
Apri124, 2002 Pa9e � of _1��__..
Page 6
` C2 greatly appreciates having this opportunity to work with the City of Grapevine. If you haye
any questions regarding this report, the project activities, or any of the recommendations, please "
�� contact Ms. Connie Cannady at(972)726-7216. -
Very truly yours,
C � �.�� S�n.�.�c�
�
C2 Consulring Services, Inc.
, ,
� ,
�..;�
a
, EXHI81T.1� TO �.>�
� Federal Communications Commission � Approved by OMB 3060-0685
w�ra�,�zoss� P��o �
8.Stadic of Previout F�7ing of FCC Form 1210(enter an"z"in the appropriate boz)
YES NO
a Hac an FCC Form 1210 been previously f�7ed witfi the FCC?
�"� IE yes,enter the date of the most roceM f�7ing: (��d�YY) .
YES NO
�Has an FCC Form 1210 been previo�ly filed with the Franchising Authority?
If yes,enter the date of the most tecent f�7ing: (mm�ddlYYa
9.Stahs of FCC Form 1200 Filing(enter an"z"in the appropriate boz)
YES NO
a Has an FCC Form 1200 been previously filed with the FCC?
If yes,enter the date f�7ed: {mm/ddlyy)
YES NO
b.Has an FCC Form 1200 boen previoucly E�7ed with the Franchising Authority?
If yes,enter the date f�7ed: (�ldalyy)
10.Cable Programming Services Complaint Statia(enter an"z"in the appropriate bos}
yE$ NO
a Is th's form being filed m responce to an FCC Form 329 cumplaint?
If yes,enter the date of flie complaint• (mm/dd/yy}
YES NO
il.Is FCC Form 1205 Bcing Includcd With This F�7ing
12.Selection of"Going Forward"Channel Addition Methodology (enter an"z"in the appropriate bos}
�Check here if you are using the original rules [MARKUP METHOD].
�Check here if you are using the new,altemative niles[CAPS METHODJ.
If using the CAPS METHOD,have you elected to revise recovery for YES No
channels added during the period May 15,1994 to Dec.31,1994?
13.Headend Upgrade Methodology
"NOTE.-Oprratorsmuslcrrli/'y/o Ibe Commissiaa�ded�eGeibilily Io ose 16is upgrademe/bada/ogp aedallacb aa equipmenlG'slaaddey�rciaG'oo sc6eduk.
�Check here if you aze a qualifying small system using the streamlined headend upgrade methodology.
Pari I: Preliminary Inf ormation
r Module A:Maximum Permitted Rate From Previous Filing
a b � d �
Line Line Descri tion Basic Tier 2 Tier 3 Tier 4 Tier 5
A1 Cucrent Maximum Permilted Rate 59.8227
Module B:Subscribershi
a b c d e
Line Line Descri tion Basic Tier 2 Tier 3 Tier 4 Tier 5
Bi Average Subscribership For Tcue-Up Period 1 8.8`�
B2 Average Subscribership For Tcue-Up Period 2 8.1`r1
B3 Estimaled Average Subscribership Foc Rojected Period 8,817
Module C: Inflation Information
Line Line Descri tion � �
CI Unclaimed Inflation:Operator Swiiching From 1210 To 1240 � I1Y3'
C2 Unclaimed Inilation:Unregulated Operator Responding to Ra�e Complaint i.CnCA
C3 Inilalion Factor Fa Tcue-Up Period 1[Wks 1 j ���'�
C4 Inilation Factor ForTrue-Up Period 2[Wks I] a°�
CS Cucrent FCC Inllation Factor ''�''-
Module D: Calculating the Base Rate
a b c d e
L� Line Descri tioa IIasic Tier 2 Tier 3 7'ier 4 Tier 5
D 1 Current Headend Upgrade Segmenl �•�
D2 Cufrznt Eaternal Cosls Segmen! ��4�
: ,�D3 Currenl Caps Method Segment �•�
'D4 Curren!Markup Method Segmenl �-�
�,.
�jDS Cutrent Channcl Movement and Deletion Segment S�•0000
�D6 CurrentTrue-UpSegment �•193`�
FCC Form 1240
Page 2 hlicrosof(Excei 4.0 Yersior J'ilY i�'
EXMIBtT�_ TO - '' �
Federal Communications Commission � Approved by OMB 30G0-0685
w�e�,���,Dc zossa Pa9e �. Ot �.�..
D7 CurrenlInflalionSegmenl 50.1831 � '
D8 Base Rate(At-Dl-D2-D3D4-DS-D6-D�] S9•z032
Parl II: True-Up Period
Modul�E:Timing Information "
,� .
�Line � Line Descri lion
EI What Type o(True-Up Is Being Pedocmed?(Answu"1"."2",or"3". See Inslcuctioas for a dexription of Ihese types.) 3
II"1",go to Module I. If'2",answer E2 and E3. It'3",answer E2,E3.E4.and E5.
E2 Number o[Monlhs in lhe Tnie-Up Period 1 IZ
E3 Number o[Monlhs betwem the end of True-Up Period 1 wd the ead of the most recent Projected Period 3
E4 Number ot Months in True-Up Period 2 Eligible(a Inleresl 2
ES Number o(Mont6s Tnu-Up Period 2 IaeGgible for Inlerest �
Module F: Maximum Permitted Rate For True-Up Period 1
a b c d e
� Line Line Descri lion Basic Tier 2 Tier 3 Tier 4 Tier 5
FI Caps hfethod Segment ForTnu-Up Period 1[Wks 2]
F2 hfarkup blethod Segment For7'rue-Up Period 1[Wks 3] 50.0000
F3 Chan Mvmnt Deletn Segmenl ForTme-Up Period 1[Wks'MS] $0.00
E4 True-Up Period t Rate Eligble For In(lation[D8+F1+F2+F3] 59.2032
FS IntlaGon Segment for 7'rue-Up Period 1[(F4'C3)-F4] 50.2197
F6 Headead Upgrade Segmenl For Tnte-Up Period 1[Wks 6J
F7 Exlemal Costs Segment ForTrue-Up Period 1[Wks 7] $0.5043
F8 True-Up Segmenl For True-Up Period 1 50.1846
F9 Max Perm Rate tor True-Up Period 1[F4+FS+F6+F7+F8] 510.1118
Module G:Maximum Permitted Rate For True-Up Period 2
a b c d e
Line Line Descri lion Basic Tier 2 Tier 3 Tier 4 Tier 5 �
:1 Caps Method Segment For True-Up Period 2(Wks 2]
:2 hfarkup Method Segment For True-Up Period 2[Wks 3] � �
,q;3 Chan Mvmnt Delem Segment ForTrve-Up Period 2[Wks'415]
G4 TU Period 2 Rate EGgible For In(latiou[DB+FS+G1+G2+G3] 59.4229
GS Intlation Segment tor Tnie-Up Period 2[(G4'C4)-G4] (S�•OUl�
G6 Headend Upgrade Segment For True-Up Period 2[Wks 6]
G7 E�ctemal Cosls Segmenl For True-Up Period 2[Wks 7] 50.5954
GS True-Up Segment For Tcue-Up Period 2 50.2002
G9 iviax Perm Rale(or Tme-Up Period 2[G4+GS+G6+G7+G8] 5102163
' FCC Form 124a
Page 3 A4i�7osoft Exce14A Version Jul;`19S°
Fedttal Commwtication�Commiavion , EXH181T�_ TO ��?jG��3fiC.�I..L� APT'oved by OMS 30640GS5
w����,,�Zo33� Page ` _. of �
Module H:True-Up Adjustment Calcutation
a b c d e
Line Line Descsi lion Basic 'Iier 2 Tier 3 Tier 4 Tier 5
djus/menl For Ttue-Up Period 1 _
t Revenue From Period 1 51.031,844.4287
.,;,.,;�2 Rcvenue From Max Permilted Rate for Period 1 51.078,728.4163
H3 Tive-Up Period 1 Adjustment[H2-Hl] 546,883.9875
H4 Interesl on Period 1 Adjustment 54.030.0084
Adjuslment ForTrue-Up Period 2
HS Revenue From Period 2 Eligible tor Interesl 5160,989.08
H6 Reveaue From Ma�c Perm Rate!or Perial 2 Eligibk For Interest S 167,494.4658
H7 Period 2 Adjustment Eligible For Interesl[H(rH5] 56.505.3858
AS Interest on Period 2 Adjustment(See insliudions tor formula) �-9�
S9 Revenue From Period 2Ine6gible for Interest �•�
H IO Revenue From Max Perm Rate for Period 2 ineGgible for Interesl $�•�
IIt I Period 2 Adjustmenl Ineligible For Interest[HIO-H9]
Tolal TrurUp Adjustment
H12 Previous Remaiuing True-Up Adjuslment
H13 TotalTroe-UpAdjustmenl(H3+H4+H7+H8+H11+H12] S�7•480•369�
HI4 Amount ot True-Up Claimed For This Projected Period 557.480.3697
HIS RemainingTnie-UpAdjuslment[H13-H14] �'�
Part III: Projecied Period
Module I: New Maximum Permitted Rate
a b � d °
Line Line Descri tion Basic Tiet 2 Tier 3 Tiet 4 Tier 5
]1 Caps Method Segme¢t For Projeded Period[Wks 2]
[2 Markup Method Segmenl For Projected Period[Wks 3) �•��
I3 Chan Mvmnt Delew Segmenl For Projected Period[Wks MS) S�•� -
4 Proj.Period Rale EGgible For Inflation[➢8+FS+GS+I1+I2+I3J 59.4212
f5 Inilation Segmen�for Projected Period[(I4'CS)-I4) 50.1752
�"��"�t6 Headend Upgrade Segment For Projectod Period[Wks 6j �
I7 Ext¢rnal Costs Segmenl For Projected Period[Wks 7] 50.6707
I8 True-Up Segment For Projecied Periad $0.5433
I9 iNa�c Permitted Rate for Projected Period[I4+IS+I6+I7+i8] 510.8104
I10 Operator Se(ecled Rate For Projected Period 510.32 �
iYole.•7bema,rimumpwrmi!ledralelguresdooal/afeinloaccounlanymluodliabil7yyaumaybare.!lyoabaveprerious/yGeenaderedby�beCommissian or}or�lxalt�aor6f.si,wygaul6oriiyramate
mtunds,yau are nal�r/ievedolyour abliga/ionlo make sucbm�rmds e vrn iflbeprrari!/edrale is hoderfbaa lbe contestednte or}avcrmral�a/e.
Certification Statement
WILLFUL FALSE STATEMENTS MADE OiV THIS FORM ARE PUNISHABLE BY FINE ANDlOR IMPRISONMENT
(U.S.CODE TITLE 18,SECTION 1001},ANDJOR FORFEITURE(U.S.CODE,TITLE 47,SECTION 503).
I cert' that the statements made in thic furm aze tnte and correct to the best of m knowle e and belief end are made in ood faith
Signahue Date
�
Name and TiUe of Peison Completing thu Form: '
Telephone number Fax I�umber
�>;, ,,
FCC Form 1240
£age 4 hticrosoft Lxcel 4.0 Vusio�: 7ufy 1996
Federal Communications Commasion , f Approved By OMB 3060-0685
Washington,D��0554 EXHIBIT_I�. TO,������0°� -�`�
Pa9s ...L..._ ot _1.�..
Works6eet 1 - True-Up Period Inflation
For instcuctions,see Appendix A of Instmctians For FCC Form 1240
Line Period FCC IntlaHon Factor
101 Month I 1.99%
102 Mot�th 2 1.99%
103 Month 3 1.99%
104 Month 4 323%
105 Month 5 3.23%
106 Month 6 3.23%
107 Month 7 2��8°�a
108 Month 8 2.08%
109 Month 9 2.08%
110 Month]0 22�%
111 . Mo�th l 1 2 ZSo�a
112 Month 12 2.z5%
113 Average Inflation Factor for Tme-Up 1.0239
Period I
l l4 . Month 13 -0.i l%
115 Month 14 -0.11%
116 Month 15
117 Month 16
118 Month 1'1 � �
� � I19 Month 18 �
120 Month 19
121 Month 20
122 Month 21
123 Month 22
124 Month 23
125 Month 24
126 Average Inflation Factor for True-Up 0.9998
Period 2
� �
FCC Form 12d0
Page 1 Microsoh Eacel A.0 Vetsicn July 1996
Federal Communicatioos Commission , EXHIBtT.� TO /s°//� Approved By OMB 3066�0685
Washingtan.DC 20554 Page +11_... 01 �.i�.f�
Worksheet 7-External Costs
True-Up Period
���'��For instmctions,see Appendix A of Lulructions Far FCC Form 1240 �
True-Up Period Proju%ted Period
Quution 1.For which time period are you Glling out tlils worksheet9 [Put an"X"in the appropriate bmc.] X
Questioa 2.How long is the£us[period,in montlu,for which retp are being set with this work+heet? 12
Queation 3.How long is the second period,in months,for which rates are being aet with Uus worksheel? � . � Z
a � e
Line Line Deseri tion Bufc Tier 2 Tier 3 Tier 4 Tier 5
Period 1
External Costs Eli 'ble for Marku
701 Cost of Programming For Channcls Addcd Pcior to 3/15/94 or $34,6r.7�
After S/I S/94 Using Markup MeNod For Period
702 Retransmiaiion Consent Feea For Pmod ���
703 CopyrightFeeaFor Poriod S10,938.5
704 Extemal Costs Eligible For 7.3%Markup 545,61231
705 Marked Up Ertemal Costs 549,033.2299
Eaternal Costs Not Eli 'ble for Marku
706 Ca61e Specitic Tacea Foc Pmod �•�
707 Frenchise Related Costs For Period SOA �
708 Commiseion Regulatory Fea For Petiod � S4,'764.2
709 Totel Extemal Coets For Period $53,797.4999
710 Monthly,Pa-Subscribec External Costs For Period 1 50.5043
Period 2 _
"'Ezternal Costs Eli 'ble for Marku
Cost of Programming For Channele Added Prior to 5/I S/94 or � �
711 56,693.2
After 5/15/94 Using Markup Medtod Foc Period
712 Retransmiasion Coasent Fers For Period
713 Copyright Fees For Period S1,779.0
714 Extemal Coab Eligible For 7.5%Markup $8+4�0.2
715 Marl:ed Up Extemal Coats 59,105.5328
External Costs Not Eli 'ble for Marku
716 Ceble Spec�c Teaces For Pmod
� '717 Franchise Related Costs For Period
718 Commission Regulatory Fera Far Period 5655.7 �
719 Totnl E:demal Costs For Period 59,761.2528
720 Monthly,Per-Subscriber E�ctemal CosLv For Period 2 $0.5954
FCC Focm 1240
Page 1 Microsoft Exce14.0 Versioc J+'lY i`�'
Federal CommunicaGons Commission , EXM�1.7�T� TO /�—�� Approved By OMB 3060-0685
Washington,DC 20554 PagB �/ „ �f �•1..i L�.�. -
Worksheet 7-External Costs
Projected Period `
���NFor in+tructions,aee Appcndis A of IntiWctioos For FCC Form 1240 -
Tnu-Up Period Projeded Period
Queetion 1.For which time pe�iod m you filling out thia worksheet? [Put an"X"in the appropriate box.] k
Question 2.Aow long ia the fust period,in montha,for w6ich cates are being set with this worksheet? IZ
Question 3.How long ie the second period,in months,for which rates are being set with Utis worksheet? . �
a � °
Line Line Descri Hon Basic Tier 2 Tier 3 Tier 4 Tier 5
Period i
External Costs Eli 'ble for Marku
701 Coet of Progremming For Chennels Added Prior to 5/15/94 or S50,575.3
pfter 5/IS/94 Using Markup Method For Period
702� Retransnvs+ion Coosenl Fees For Period �•
703 Copyright Fees For Paiod Sl 1,469.3
704 Extemal Costs Eligible For 7.5%Markup 562,044.7
705 Marked Up E.�cternal Costs 566,69&0942
Eztemal Costs Not Eli 'ble for Marku
106 Cable Spec�c Td�a For Period � � 50.0 -
707 Frenchix Related Cosb For Period ��0
708 Commission Regulatory FeeaFor Period �$1,265.
709 Total External Costs For Period 570,9W.0642
710 Monthly,Per-Subscriber Extemal Costv For Period 1 30.6707
1
�.�*:�,.�..:,�
FCC Fw'm 1240
Pese 2 Microsoft Exce14.0 Version JutS`299('
Federal Communications Comm'asion • EXHIBIT�i.f.... TO ���Gff.F.�++�- �roved By OMB 3060•0685
Washington,DC 20i54 Page � �f �
Warksheet 8 - True-Up Rate Charged
�r instructions,see Appendix A of Inst�uctions For FCC Fotm 1240
,�
Question 1.How long is the True-Up Period 1,in months7 �
Question 2.How long is the TrucUp Period 2,in months? 2
a � e
L�� Line Description Basic Tier 2 Tier 3 Tier 4 Tiet 5
801 Month 1 59.3600
802 Month 2 59.3600
803 Month 3 S9.3600
804 Month 4 59.3600
805 Month 5 S4.8343
806 Month 6 $9.8320
807 Month 7 $9.8306
808 Month 8 �9.8381
809 Month 9 S9.S330
810 Mocdh 10 �9.8200
311 Month 11 $9.8200
312 Month 12 S9•8200
813 Period 1 Average Rate �9.6723
814 Month 13 s9•8200
°'�t5 Month 14 59.8200 J
l6 Month 15 � '
_�17 Month 16
818 Month 17
819 Month 18
820 Month 19
821 Month 20
822 Morith 21
823 Month 22
824 Month 23
825 Month 24
826 Period 2 Average Rate 59.8200
�,�
FCC Form 1240
Page 1 Microsoft Ezce14.0 Versio,i July 1996