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inflation factor effects the 2001 BST MPR in TWC's subsequent FCC 1240 rate filing for 2001; and <br /> WHEREAS,the County is certified with the FCC to regulate basic service tier rates provided <br /> by Time Warner Cable in franchise NC-0256 and NC 0276. <br /> IT IS A FINDING: <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, and Time Warner's FCC 1240 BST MPR shall not exceed$8.60 <br /> monthly for Carrboro System served customers, $8.74 monthly for Chapel Hill System served <br /> customers, and$10.18 monthly for Durham System served customers and Time Warner's <br /> FCC1235 Add-on Network Upgrade Charge cannot exceed$1.81 monthly for Chapel Hill system <br /> served customers and$2.11 for Durham System served customers during the 2000 calendar year; <br /> THAT Time Warner Cable may charge a Basic Service Tier rate below the approved <br /> Maximum Permitted Rate,but not above it; <br /> THAT Time Warner may charge a Network Upgrade Charge rate below the approved <br /> Maximum Permitted Rate, but not above it; <br /> THAT Time Warner Cable has by in large substantiated the other adjustments to its Cable <br /> Service rates 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 and COS "Add-on"rates are found to be reasonable and subject to any refund liability <br /> due to for the projected period's inflation factor adjustment at the time the FCC 1240 BST filing for <br /> 2001 is submitted. <br /> IT IS THEREFORE ORDERED: <br /> THAT Time Warner's FCC 1240 BST MPR shall not exceed$8.60 monthly for Carrboro <br /> System served customers, $8.74 monthly for Chapel Hill System served customers, and $10.18 <br /> monthly for Durham System served customers and Time Warner's FCC1235 Add-on Network <br /> Upgrade Charge cannot exceed $1.81 monthly for Chapel Hill system served customers and$2.11 <br /> for Durham System served customers during the 2000 calendar year, subject to subsequent findings <br /> by the County to the contrary,during the 2000 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 or FCC1235 <br /> filings; and <br />