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lb <br />inflation factor effects the 2001 BST MPR in TWC's subsequent FCC 1240 rate filing far 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 chazge a Basic Service Tier rate below the approved <br />Maximum Permitted Rate, but not above it; <br />THAT Time Warner may chazge a Network Upgrade Chazge rate below the approved <br />Maximum Permitted Rate, but not above it; <br />THAT Time Warner Cable has by in lazge 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 aze found to be reasonable and subject to any refund liability <br />due to far 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 FCC1240 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 Chazge cannot exceed $1.81 monthly for Chapel Hill system served customers and $2.11 <br />for Durham System served customers during the 2000 calendaz year, subject to subsequent findings <br />by the County to the contrary, during the 2000 calendar yeaz; <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 />