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is <br />-9- <br />FCC Form 1235 Cable System Upgrade Costs <br />In 1999, TWC submitted a form 12.35 Cost of Service (COS) for the Cable Network Upgrade to <br />justify the $1.81 fee for NC-0276a, $2.11 for NC-0276b, and $1..45 for NC-0256 that is added to <br />the BST MPR, the BST Cost of Service rates.'' FCC rules permit cable operators to recover <br />system bandwidth upgrade capital investments for fiber optic cable and related equipment by <br />distributing the costs among the cable tiers, e.g,, BST, cable program service tier (CPST), new <br />product tiers (NPT), Other Services, etc. <br />The FCC's rules allowed the original allocation'4 to be calculated by program service tier: Under <br />this scheme, a 20-channel BST group would occupy 120 MHz of bandwidth, a 35-channel CPST <br />group would occupy 210 MHz of bandwidth and so forth. The original allocation convention did <br />anticipate other uses for the cable spectnnn.ts <br />A fundamental principle of the FCC's rate regulation rules is to ensure that the rates far regulated <br />services do not include the costs attributed to unregulated services. For example, under the <br />abbreviated Cost of Service rules for system upgrades, cable operators aze required to comply <br />with four conditions before they can chazge an additional fee for capital improvements. One such <br />condition is that the operator must comply with the FCC's cost allocation rules which bar of <br />allocation of costs of unregulated service to regulated services. This principle is particularly <br />obvious in the Commission's Cost of Service Report and Orders as indicated below,. <br />13 May 3Q 2003:FCC Form 1235 Cost of Service Filing for Cable Network Upgrades, <br />14 Form FCC1235 dated October 1, 200.3.. <br />~SSee FCC Rule §76.924 Allocation to service cost categories <br />(e) Allocation to service cost categories <br />(1) For cable operators electing cost-of-service regulation, investments, expenses, and revenues contained in <br />the summary accounts identified in pazagraph (d) of this section shall be allocated among the Equipment Basket, as <br />specified in §76,923, and the following service cost categories: <br />(I) Basic service cost category. The basic service category, shall include the cost of providing basic service <br />as defined by §76,901(a) The basic service cost category may only include allowable costs as defined by <br />§§76.922(8) through 76 922(k). <br />(ii) Cable programming services cost category. The cable progranuning services category shall include the <br />cost of providing cab]e programming services as defined by §76.901(b). This service cost category shall contain <br />subcategories that represent each programming tier that is offered as a part of the operator's cable programming <br />services. All costs that are allocated to the cable programming service cost category shall be further allocated among <br />the programming tiers in this category. The cable programming service cost category may include only allowable <br />costs as defined in §76.922(8) through 76.922(k) <br />(iii) Alt other services cost category The all other services cost category shall include the costs ofproviding <br />all other services that are not included the basic service or a cable progranuning services cost categories as defined in <br />paragraphs (e)(1)(I) and (ii) of this section <br />