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10 <br />IT IS A FINDING: <br />THAT Time Warner Cable did structure its 1998 true -up charges for the fourth 1997 through <br />third quarter 1998 on the FCC's published inflation factors (da980663, da981292). <br />THAT Time Warner Cable did base its BST .(Basic Tier Service) projected 1999 rate, in part, <br />upon an erroneous fourth quarter 1998 inflation factor FCC Cable Bureau (da981974); <br />THAT Time Warner Cable has by in large substantiated the other adjustments to its Basic <br />Service Tier rate based on past and estimated cost elements; and <br />THAT Time Warner has complied with FCC rate making rules, and its requested Maximum <br />Permitted BST rate is found to be reasonable and subject to any refund liability due to the fourth <br />quarter 1998 inflation factor at the time the FCC 1240 BST filing for 2000 is submitted. <br />IT IS THEREFORE ORDERED: <br />THAT Time Warner Cable's Basic Service Tier rate assessed subscribers within the County <br />shall not exceed the maximum permitted rate, subject to modifications in subsequent findings by the <br />cable operator or franchise authority for Basic Service Tier cable television programming during the <br />1999 calendar year; <br />THAT Time Warner may charge a Basic Service Tier rate below the approved Maximum <br />Permitted Rate, but not above it; <br />THAT the County retains its authority to issue refunds or rate roll backs after the initial ninety <br />(90) day review period with respect to the restructured rate set out in the FCC 1240 filing; and, <br />THAT Time Warner must keep a full and accurate account of all revenues and costs associated <br />with the aforementioned cable rate adjustment. - <br />ISSUED BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS <br />This the day of January, 1999. <br />ATTEST: <br />Send Report and Order via Certified U.S. Mail to: Time Warner Cable <br />Copy to: R.F. Sepe @ the City of Raleigh <br />