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HomeMy WebLinkAboutItem 13 - AT&T Broadband Rate ReviewITEM# . 13 mmmmilm MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: JUNE 18, 2002 SUBJECT: AT&T BROADBAND RATE REVIEW — ESTABLISH MAXIMUM PERMITTED RATES FOR BASIC SERVICE TIER RECOMMENDATION: City Council consider the approval of a rate order ordinance which denies the proposed maximum permitted rate, establishes a maximum permitted rate based on the city's review of FCC Form 1240 and accepts the proposed operator selected rates, and denies the Form 1235 rate included in the FCC Form 1240. FUNDING SOURCE: The rate order does not have a financial impact. The City will continue to collect revenue according to our franchise agreement of 5% of gross receipts. BACKGROUND: The City of Grapevine received notice of AT&T's FCC filing in March of 2002. Connie Canady, C2 Consulting, Inc., was hired to provide an analysis of FCC Form 1240 related to basic service tier rates for the next year. The final report is included in the attached ordinance. The staff recommends three action steps based on the C2's report: a) The City Council deny the maximum permitted rate of $10.94 requested in FCC Form 1240 as being unreasonable; b) The City Council establish the maximum permitted rate of $10.81 and accept the operator selected rates of $10.32; c) The City Council deny the Form 1235 rate of $1.45 that is included in the filing. The City of Grapevine retains regulatory authority only over the basic tier service level and other equipment related charges. AT&T, upon approval of the rate order, must comply with the new rate structure effective immediately. During this process, Ms. Cannady worked directly with AT&T to address questions related to data and her analysis. June 12, 2002 (2:16PM) It should also be noted that staff worked with C2 Consulting Services, Inc. under a joint agreement with other cities in the metroplex (which are listed on the report memo). The FCC Forms filed in those communities reflected the same financial justification for the increases. Representatives from the coalition of communities will also be forwarding recommendations to their respective City Councils based on the work completed by C2 Consulting Services. Staff recommends approval of the rate order ordinance. The Utilities Committee and the City Attorney have been briefed on the rate order and support the approval of the ordinance. M June 12, 2002 (2:10PM) ORDINANCE NO. 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, DECLARING AN EMERGENCY 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 49 recommendations from C2 Consulting Services, Inc., the City 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 1st, 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. AIa ORD. NO. 2 ATTEST: ORD. NO. 3 m m 4:40MIMIMM xSERVICES9 INC. 7801 Pencross Ln. Dallas, Texas 75248 April 24, 2002 Ms. Melisa Leal Assistant to the City Manager City of Grapevine PO Box 95104 Grapevine, Texas 76099 Dear Ms. Leal: APR 2 9 2002 Tel. (972) 726-7216 Fax (972) 726-0212 C2 Consulting Services, Inc. ("C2") has completed its review of the FCC Form 1240 submitted 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 City Council actions in response to AT&T's proposed basic service rate. This study does not constitute an examination of the financial condition of AT&T or its parent company. Therefore, C2 cannot and does not express any position with regard to the accuracy or validity of the financial informatipn provided by AT&T during the course of the analyses. OVERVIEW OF THE FILING According to the information provided by AT&T, five channels have been added to the basic service tier since the last filing for 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 filing, C2 noted that AT&T had "trued -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 Form 1240 with a proposed maximum permitted 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: AT&T proposes to use a higher inflation factor in its current Form 1240 true -up period than was estimated in the projected period for the 2000 filing; Because of the change in the rate year, there are two additional months that must be trued -up in the calculation; Ms. Melisa Leal April 24, 2002 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 objectives are three -fold: Assessment of the completeness of the filings with regard to the information and documentation that must be filed with the City. Assessment of the reasonableness of the proposed computations in light of FCC regulations, and FCC rulings. Assessment of the reasonableness of the proposed computations in light of City actions resulting from analysis of the 2000 Form 1240 computations and subsequent rate order. Given these objectives, C2 conducted the following project activities: 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 maximum permitted basic service rates. Summary of Findings C2 identified five additional issues with respect to AT&T's amended Form 1240 computation. AT&T inappropriately included programming 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 correcting the True -Up Period, 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 Leal April 24, 2002 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 transferred from Paragon Cable to AT&T at the end of December 2000. Also at that time, AT&T added five additional channels, with increases in programming costs. Based on the filing, AT&T used its programming costs for the period October 2000 through December 2000. In C2's opinion, this is incorrect. The programming 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 approximately $.03. 2. Incorrect Computation of FCC User Fees One of the components of the external 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 5.03 and $.05 per subscriber per month. During the review, C2 noted that AT&T was proposing an increase in the monthly rate from $.04 to 5.05. 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 5.49 to S.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 subscriber (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 amount 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 multiplying $.49 times the December 2000 subscriber counts. Additionally, the projected period amount should be computed by multiplying 5.53 times the December 2001 subscriber counts. The results of changing the FCC User fee computations is to reduce AT&T's proposed MPR by less than S.O I. 3, Inconsistent Subscriber Counts Pursuant to the 2000 review, the City ordered AT&T to make refunds for the period February- 2001 through July 2001. AT&T based these refunds on subscriber counts that were lower than Ms. Melisa Leal April 24, 2002 Page 4 49 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 S.01. 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 inflation 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 operator is to use the most recent information published by the FCC concerning quarterly inflation factors to be applied.' At the time of AT&T's current Form 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 first, 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 entire projected period. However, on April 9, 2002, shortly afler 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 available at the time the filing was made. The FCC detailed this policy in the Third Order on Reconsideration as follows: We share National Cable, Television Association's concern that rates adopted in an effort to comply with our rules as quickly as possible may become unreasonable solely as a result of using later data to refresh the calculations. Operators should not be penalized for making good faith attempts to comply with our rules in a timely manner. When current rates are 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 justified 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.2 [emphasis added] Clearly, if the franchising authority fords adjustments need to be made other than those attributable to the inflation factors, the FCC has found that the inflation factors can be adjusted with data that became available subsequent to the date of 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 error with Paragon's use of estimated data in its true -up computation for CPST rates and also made an adjustment to reflect current inflation factor data: This adjustment required that we refresh Operator's inflation factors 3 ' FCC Form 1240 Instructions, Part is Module C [Revised July 1996]. See Third Order on Reconsideration, FCC 94-40, released March 30, 1994, paragraphs 93 and 94. 3 See Order, DA 97-1852, released August 29, 1997, paragraph 10. Ms. Melisa Leal April 24, 2002 Page 5 Therefore, because C2 is recommending that other adjustments be made to AT&T's amended Form 1240 computation, 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 next 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 impact of making the inflation factor adjustment is to reduce AT&T's proposal Form 1240 basic service rate by approximately $.08. 5. Inappropriate Inclusion of a Form 1235 Rate On one of the summary 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 Form 1235 rate in 1999. Therefore, 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 permitted monthly basic service rate: 1. The programming costs for the fourth quarter 2000 should reflect the costs of Paragon. 2. The FCC User fees should reflect the computation 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 2001. 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 computation of $10.81 rather than the $10.94 proposed by AT&T. Since the operator selected rate is still below the adjusted maximum 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. -` If the actual -.11% fourth quarter inflation factor is used for the entire projected period. the resulting rate is $10.62; still $.30 higher that the operator selected rate of $10.32. Ms. Melisa Leal April 24, 2002 Page 6 C2 greatly appreciates having this opportunity to work with the City of Grapevine. If you have 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 �_ Cs� 4", C2 Consulting Services, Inc. Approved by OSIB 3060-0685 Federal Communications Commission Washington, DC 20554 S. Status of Previous Fuzing of FCC Form 1210 (enter an "z" in the appropriate box) YES NO a- Has an FCC Form 1210 been previously filed with the FCC? If yes, enter the date of the most recent filing: —_ —7] (mjdd/Y3') YES NO b. Has an FCC Form 1210 been previously filed with the Franchising Authority? If yes, enter the date of the most recent filing: [777::� (mm/dd/yy) 9. Status of FCC Form 1200 Filing (enter an "x" in the appropriate box) YES NO EL Has an FCC Form 1200 been previously filed with the FCC? If yes, enter the date filed E:::�� (»mijdd/yy) YES NO b. Has an FCC Form 1200 been previomly filed with the Franchising Authority? --} If yes, enter the date filed �— t (.Iddjyy) 10. Cable Programming Services Complaint Status (enter an "x" in the appropriate box) YES NO a- is this form being filed in response to an FCC Form 329 complaint? If yes, enter the date of the complaint: �� (mm/ddlyy) YES NO Al. - FCC Form 1205 Being Included With This Fuzing 12. Selection of "Going Forward" Channel Addition Methodology (enter an"z" in the appropriate box) =Check here if you are using the original Hiles [MARKUP METHOD]. =Check here if you are using the new, alternative rules [CAPS METHOD]. If using the CAPS METHOD, have you elected to revise recovery for channels added during the period May 15, 1994 to Dec. 31, 1994? YES NO 13. Headend Upgrade Methodology ,< -OTE, Operators mus? cetttfv to the Commi-spou the- ehoibOty to use this upo ade me/hodNWvaad allach.w equ pment GsJ and deprrciat oo schedule. =Check here 9 you are a qualifying small system using the streamlined headend upgrade methodology. Part I: Preliminary Information Module A: Maximum Permitted Rate From Previous Filing a b c Line Description Basic Tier 2 Tier 3 d Tier 4 e Tier 5 Al Current Maximum Permitted Rate — ' $9.82271 J I i Module B: Subscribership a b c d e Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier 5 B1 Averaee Subscribership For True -Up Period 1 8'890 32 Average Subscribership For True -tip Period 2 8.197 B3 Estimated Average Subscribership For Projected Period 8,817 Module c:: inLiarlon Line Line Description. C i Unclaimed Inflation: Operator Switching From 1210 To 1240 C2 Unclaimed Inflation: Unregulated Operator Responding to Rate Complaint C3 Inflation Factor For True -Up Period 1 [NVks II C4 Inflation Factor For True -tip Period 2 [tiVks I I Current FCC Inflation Factor 1.01 Paye , tificresoft E:cel 4.i� �ersioa July 1�' de a b c Basic Tier 2 Tier 3 Tier 4 Tier 5 Line Line Descri2tioo D1 Current Headend Upgrade Segment D2 Current External Costs Segment $02430 D3 Current Caps Method Segment $0'0000 D4 Current Markup Method Segment $0_0000 DS Cu:rect Channel Movement and Deiet3on Segment saccm D6 Current True -Up Segment 50.1934 { FCC Form 1340 Paye , tificresoft E:cel 4.i� �ersioa July 1�' Federal Communications Commission Washington, DC 20554 Approved by OMB 3060-0685 D7 Current Inflation Segment $0.1831 D8 Base Rate [At-Dl-D2-D3-D4-D5-D6-D7J $9.2032 Part II: True -Up Period Module E: Timing Information Line Line Description El What Type of True -lip Is Being Performed? (Answer "1". "2", or "3". See Instructions for a description of these types.) 3 Caps Method Segment For True -Up Period 1 [Wks 21 If "1", go to Module I. If '2", answer E2 and E3. If '3', answer E2, E3, E4, and E5. E2 Number of Nfontbs in the True -lip Period 1 12 E3 Number of Months between the end of True -Up Period 1 and the end of the most recent Projected Period 3 IN E4 Number of Months in True -Up Period 2 Eligible for Interest 2 ES Number of :vionths True -Up Period 2 Ineligible for Interest 0 Module F: Maximum Permitted Rate For True -Up Period 1 Line Line Description a b c d e Basic Tier 2 Tier 3 Tier 4 Tier 5 Fl Caps Method Segment For True -Up Period 1 [Wks 21 F2 Markup Method Segment For True -Up Period I [Wks 31 $0.0000 F3 Chan Jtvmnt Deletn Segment For True -Up Period I [NVks' 4151 $0.00 F4 True -Up Period 1 Rate Eligible For Inflation [D8+F1+F2+F3] $9.2032 F5 Inflation Segment for True -Up Period I [(F4'C3)-F4] $0.2197 F6 Headend Upgrade Segment For True -tip Period 1 [Wks 6) F7 External Costs Segment ForTrue-UpPeriod I[Wks 71 $0.5043 FS True -Up Segment For True -Up Period 1 $0.1846 F9 Max Perm Rate for True -Up Period 1 [F4+F5+F6+F7+F8] $10.1118 Module G: Maximum Permitted Rate For True -Up Period 2 Line Line Description a b c d e Basic Tier 2 Tier 3 Tier 4 Tier 5 Gl Caps Method Segment For True -Up Period 2 [Wks 21 ,rl Markup Method Segment For True -Up Period 2 [Wks 3] emu Chan Mvmni Delete Segment For True -Up Period 2 [Wks' 4!5] G4 TU Period 2 Rate Eligible For Inflation [D8+FS+Gl+G2+G3] $9.4229 G5 Inflation Segment for True -Up Period 2 [(G4'C4)-G4] ($0.0017) G6 Headend Upgrade Segment For True -Up Period 2 [NVks 61 G7 External Costs Segment ForTrue-Up Period 2 [Wks 71 $0.5954 G8 True -Up Segment For True -Up Period 2 50.2002 G9 %tax Perm Rate forTrue-Up Period 2 (G4+G5+G6+G7+G8] $:0.2168 FCC Form 1240 Page 3 Mk-rosck Ex;mi 4.0 Version hzlc t9co Approved by 01,1B 3060-0685 Fedcrsl Communications Commission R'ashingtom DC 20354 Module H: True -Up Adjustment Calculation Line Descri tion Basic Tier 2 Tier 3 Tier 4 Tier 5 Line Adjusimeat Far True -Up Period i HI Revenue From Period l $1,031,844.4287 H2 Revenue From Max Permitted Rate for Period 1 $1.078,728.4163 H3 True -Up Period 1 Adjustment [112 -HI] $46,883.9875 H4 Interest on Period I Adjustment $4,030.0084 Adjustment For True -Up Period 2 H5 Revenue From Period 2 Eligible for Interest S160,989.08 H6 Revenue From Max Perm Rate for Period 2 Eligible For Interest $167,494.4658 H7 Period 2 Adjustment Eligible For Interest [116-H5] $6,505.3858 H8 Interest on Period 2 Adjustment (See instructions for formula) $60.988 H9 Revenue From Period 2 Ineligible for Interest $0.00 1110 Revenue From %tax Perm Rate for Period 2 Ineligible for Interest x.00 Hit Period 2 Adjustment Ineligible For Interest [H10 -H91 $0.5433 Total True -Up Adjustment H12 Previous Remaining True -Up Adjustment 31ax Permitted Rate for Projected Period [14+I5+I6+17+18] H13 Total True -Up Adjustment [H3+H4+H7+HS+HI 1+H 121 $07,480.3697 H14 Amount of True -Up Claimed For This Projected Period $57,480.3697 1115 Remaining True -Up Adjustment[H13-H14] SO'0000 Part 111: Yrojecleci Yenoo Line I I 1�1VU uiw Line Description Caps Method Segment For Projected Period [Wks 21 i a b c d e Basic Tier 2 Tier 3 Tier 4 Tier 5 12 Markup Method Segment For Projected Period [Wks 3] $0.0000 I3 Chan Ifvmnt Delete Segment For Projected Period [Wks 4151 $0.00 I4 Proj. Period Rate Eligible For Inflation [D8+F5+GS+I I+I2+I3] $9.4212 IS Inflation Segment for Projected Period [(I4•CS)-I41 $0.1752 16 Headend Upgrade Segment For Projected Period [Wks 61 17 External Costs Segment For Projected Period [Wks 71 $0.6707 18 True -Up Segment For Projected Period $0.5433 19 31ax Permitted Rate for Projected Period [14+I5+I6+17+18] $10.8104 I10 Operator Selected Rate For Projected Period ,Vole: The maVM11M Fermifledr3felgures do Rot fake luto accoual aorieiundhabr7ih-rou ma v La ce. Uy'ou na reprer7ous�y'aeen crrveiru y...�..,i�uuuauvu ����••• •,--w,•---._---o ----••v ---- refunds t-ou are oolreGe ced oly'our oblga[ oa to make such re/unds a rrn / t6e/ erns //edrzte rs bfaderlLan the covlestednle cr,t our crmrnfrale. Certification Statement WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT n r r ­nr: Tilt c 14 ccrrtnnt inntl aNr)/l7R FORFFiTt!RF (U.S. CODE. TITLE 47, SECTION 503). 9. Name and Title of Person Completing this Form: Telephone number Fax Number FCC Form 1240 P Iz� 4 Microsoft Excel 4.0 Version ial'. 1996 Federal Communications Commission Washington, DC 20554 Approved By OMB 3060-0685 Worksheet I - True -Up Period Inflation (Do, instructions, see Appendix A of Instructions For FCC Form 1240 Line Period FCC Inflation Factor 101 102 103 104 105 106 107 108 109 110 111 112 113 Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Average Inflation Factor for True -Up Period I 1.99% 1.99% 1.99% 3.23% 3.230,0 3.23% 2.0810 2.08% 2.08° o 2.2Y o 2.25% 2.25% 1.0239 114 115 116 117 118 119 120 121 122 123 124 125 126 Month 13 Month 14 Month 15 Month 16 Month 17 Month 18 Month 19 Month 20 Month 21 Month 22 Month 23 Month 24 Average Inflation Factor for True -Up Period 2 -0.11% -0.11% 0.9998 FCC Form 1240 Page 1 Microsoft Excel 4.0 Version July 1996 Federal Communications Commission Washington. DC 20554 Worksheet 7 - External Costs True -Up Period For instructions, see Appendix A of Instructions For FCC Form 1210 Question 1. For which time period are you filling out this worksheet? [Put an "X" in the appropriate box) Question 2. How long is the fust period, in months, for which rates are being set with this worksheet? Question 3. How long is the second period, in months, for which rates are being set with this worksheet? Approved By OMB 3060-0685 True -lip Period Projected Period X 12 2 a t e Line Line Description _ &nit Tier 2 Tier 3 Tier 4 Tier 5 External Costs Eligible for Markup 701 Cost of Programming For Channels Added Prior to 5"15i94 or After 5/15;94 Using Markup Method For Period 534,673.73 702 Retransmission Consent Fees For Period SO.O 703 704 Copyright Fees For Period External Costs Eligible For 7.5%Markup $10,938.5 5451612.31 705 Marked Up External Costs External Costs Not Eligible for Markup Si9,033.2299 706 707 Cable Specific Taxes For Period Franchise Related Costs For Period SO.O SO.O 708 Commission Regulatory Fees For Period S4,764.2 709 Total External Costs For Period 553,797.4999 710 monthly. Per -Subscriber External Costs For Period I 50.5043 External Costs Eligible for Markup 711 t Cost of Programming For Channels Added Prior to 5%15,94 or After 5i 15:94 Using Markup Method For Period 56,693.2 712 Retransmission Consent Fees For Period 713 Copyright Fees For Period $1,777.0 714 External Costs Eligible For 7.5% Markup 58,3703 715 \Larked Up External Costs 59,105.5328 External Costs Not Eligible for Markup 716 Cable Specific Taxes For Period 717 Franchise Rclated Costs For Period 718 Commission Regulatory Fees For Period $655.7 719 Total E:.,lernal Costs For Period S9,761.2528 720 monthly, Per -Subscriber External Costs For Period 2 50.5954 FCC Form 12-4' p„p ),(icrosoft Excel 4.0 Versicu 1otY ` ' Federal Communications Commission Washington. DC 20554 Worksheet 7 - External Costs Projected Period For imtructions, see Appendix A of Instructions For FCC Form 1240 Question 1. For which time period are you filling out this worksheet" [Put an `X" in the appropriate box.] Question 2. How long is the first period, in months, for which rates are being set with this worksheet? Question 3. How long is the second period, in months, for which rates are being set with this worksheet? Approved By OMB 3060-0685 True -Up Period Projected Period 12 0 0 a b ee Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier 5 Period 1 External Costs Eligible for Markup 701 Cost of Programming For Channels Added Prior to 5115,94 or After 5"15,94 UsingMarkup, Method For Period 550,575 ,37 702 Retransmission Consent Fees For Period SO.00 703 Cop}right Fees For Period 511,469.3 704 External Costs Eligible For 7.5°5 Markup, 562,044.7 705 harked Up External Costs 566,698.0942 External Costs Not Eligible for Markup 706 Cable Specific Ta.<cs For Period S0.0 707 Franchise Related Costs For Period S0.0 708 Commission Regulatory Fees For Period S-4,265.97 709 Total Externsl Costs For Period 570,964.0642 710 :Monthly, Per -Subscriber External Costs For Period 1 50.6707 tR%9i FCC Form 1240 Pane 2 Microsoft Excel 4.0 `: ersioa July i ,96 Federal Communications Commission Washington, DC 20554 Worksheet 8 - True -Up Rate Charged For instructions, see Appendix A of Instructions For FCC Form 1240 Question 1. How long is the True -Up Period 1, in months? Question 2. How long is the True -Up Period 2, in months? E Approved By OMB 3060-0685 ine Line Description a b c d c Basic Tier 2 Tier 3 Tier 4 Tier 5 $9.8200 Di Month 1 $9.3600 02 Month 2 $9.3600 03 Month 3 $9.3600 04 Month 4 $9.3600 05 hlonth5 $9.8343 06 Month 6 $9.8320 07 Month 7 $9.8306 �08 Month 8 $9.8381 ;09 Month 9 $9.8330 t10 Month 10 $9.8200 U1 Month 11 $9.8200 312 Month 12 $9.8200 313 Period 1 Average Rate $9.6723 314 Month 13 815 Month 14 816 Month 15 811 Month 16 8I8 Month 17 819 Month 18 820 Month 19 821 Month 20 $22 Month 21 823 Month 22 824 Month 23 325 Month 24 826 Period 2 Average Rate $9.8200 $9.8200 $9.8200 Page 1 Microsoft Excel 4.0 Version FCC Form 1240 July 1996