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WHEREAS, Orange County is certified with the FCC to regulate basic service tier rates, <br /> equipment and installation services provided by Time Warner Cable in franchise. <br /> IT IS A FINDING: <br /> THAT Time Warner Cable did not structure its 1997 true-up charges for the second through <br /> fourth quarter on the FCC's currently available inflation factor of 1.77%; <br /> THAT Time Warner Cable did not structure its 1998 projected charges for the period January <br /> through December, 1998 on the FCC's currently available inflation factor of 1.77%; <br /> THAT Time Warner Cable has not substantiated the adjustment of its maximum permitted <br /> Basic Service Tier rate of$9.04 for the Carrboro System subscribers,based on past inflation and <br /> current inflation indices; <br /> THAT Time Warner requested maximum permitted BST rate($9.04) for the Carrboro system <br /> subscribers is determined to be unreasonable; <br /> THAT, Time Warner has selected to charge the Basic Service Tier rate of$9.01 for the <br /> Carrboro System subscribers during the 1998 calendar year in Orange County which exceeds the <br /> justified MPR of$8.84; <br /> THAT Time Warner Cable has not substantiated the adjustment of its proposed maximum <br /> permitted Basic Service Tier rate of$8.20 for the Chapel Hill System subscribers,based on past <br /> inflation and current inflation costs; <br /> THAT Time Warner requested maximum permitted BST rate ($8.20) for the Chapel Hill <br /> System subscribers is determined to be unreasonable; and <br /> THAT, Time Warner has selected to charge the Basic Service Tier rate of$8.18 for the Chapel <br /> Hill System subscribers during the 1998 calendar year in Orange County which exceeds the justified <br /> MPR of$8.02. <br /> IT IS THEREFORE ORDERED: <br /> THAT Time Warner Cable's Basic Service Tier rates assessed subscribers shall not exceed the <br /> maximum permitted rate of$8.84 for the Carrboro System subscribers and $8.02 for Chapel Hill <br /> System subscribers during 1998, subject to modifications in subsequent findings by the franchise <br /> authority; <br /> THAT the County retains its authority to issue refunds or rate roll backs after the initial 90-day <br /> review period with respect to the rates set out in the FCC 1240 filings, subject to subsequent findings <br /> by the franchise authority; <br />