§ 76.922   Rates for the basic service tier and cable programming services
tiers.

   (a) Basic and cable programming service tier rates. Basic service tier and
   cable  programming service rates shall be subject to regulation by the
   Commission and by state and local authorities, as is appropriate, in order
   to assure that they are in compliance with the requirements of 47 U.S.C.
   543. Rates that are demonstrated, in accordance with this part, not to
   exceed  the  “Initial Permitted Per Channel Charge” or the “Subsequent
   Permitted Per Channel Charge” as described in this section, or the equipment
   charges as specified in § 76.923, will be accepted as in compliance. The
   maximum monthly charge per subscriber for a tier of regulated programming
   services offered by a cable system shall consist of a permitted per channel
   charge multiplied by the number of channels on the tier, plus a charge for
   franchise  fees. The maximum monthly charges for regulated programming
   services shall not include any charges for equipment or installations.
   Charges for equipment and installations are to be calculated separately
   pursuant to § 76.923. The same rate-making methodology (either the benchmark
   methodology found in paragraph (b) of this section, or a cost-of-service
   showing) shall be used to set initial rates on all rate regulated tiers, and
   shall continue to provide the basis for subsequent permitted charges.

   (b) Permitted charge on May 15, 1994. (1) The permitted charge for a tier of
   regulated program service shall be, at the election of the cable system,
   either:

   (i) A rate determined pursuant to a cost-of-service showing;

   (ii) The full reduction rate;

   (iii) The transition rate, if the system is eligible for transition relief;
   or

   (iv) A rate based on a streamlined rate reduction, if the system is eligible
   to implement such a rate reduction. Except where noted, the term “rate” in
   this subsection means a rate measured on an average regulated revenue per
   subscriber basis.

   (2) Full reduction rate. The “full reduction rate” on May 15, 1994 is the
   system's September 30, 1992 rate, measured on an average regulated revenue
   per subscriber basis, reduced by 17 percent, and then adjusted for the
   following:

   (i) The establishment of permitted equipment rates as required by § 76.923;

   (ii) Inflation measured by the GNP-PI between October 1, 1992 and September
   30, 1993;

   (iii) Changes in the number of program channels subject to regulation that
   are offered on the system's program tiers between September 30, 1992 and the
   earlier of the initial date of regulation for any tier or February 28, 1994;
   and

   (iv) Changes in external costs that have occurred between the earlier of the
   initial date of regulation for any tier or February 28, 1994, and March 31,
   1994.

   (3) March 31, 1994 benchmark rate. The “March 31, 1994 benchmark rate” is
   the rate so designated using the calculations in Form 1200.

   (4) Transition rates—(i) Termination of transition relief for systems other
   than low price systems. Systems other than low-price systems that already
   have established a transition rate as of the effective date of this rule may
   maintain their current rates, as adjusted under the price cap requirements
   of § 76.922(d), until two years from the effective date of this rule. These
   systems must begin charging reasonable rates in accordance with applicable
   rules, other than transition relief, no later than that date.

   (ii) Low-price systems. Low price systems shall be eligible to establish a
   transition rate for a tier.

   (A) A low-price system is a system:

   (1) Whose March 31, 1994 rate is below its March 31, 1994 benchmark rate, or

   (2) Whose March 31, 1994 rate is above its March 31, 1994 benchmark rate,
   but whose March 31, 1994 full reduction rate is below its March 31, 1994
   benchmark rate, as defined in § 76.922(b)(2), above.

   (B) The transition rate on May 15, 1994 for a system whose March 31, 1994
   rate is below its March 31, 1994 benchmark rate is the system's March 31,
   1994 rate. The March 31, 1994 rate is in both cases adjusted:

   (1) To establish permitted rates for equipment as required by § 76.923 if
   such rates have not already been established; and

   (2) For changes in external costs incurred between the earlier of initial
   date of regulation of any tier or February 28, 1994, and March 31, 1994, to
   the extent changes in such costs are not already reflected in the system's
   March 31, 1994 rate. The transition rate on May 15, 1994 for a system whose
   March 31, 1994 adjusted rate is above its March 31, 1994 benchmark rate, but
   whose  March  31, 1994 full reduction rate is below its March 31, 1994
   benchmark rate, is the March 31, 1994 benchmark rate, adjusted to establish
   permitted rates for equipment as required by § 76.923 if such rates have not
   already been established.

   (iii) Notwithstanding the foregoing, the transition rate for a tier shall be
   adjusted to reflect any determination by a local franchising authority
   and/or the Commission that the rate in effect on March 31, 1994 was higher
   (or lower) than that permitted under applicable Commission regulations. A
   filing reflecting the adjusted rate shall be submitted to all relevant
   authorities within 30 days after issuance of the local franchising authority
   and/or Commission determination. A system whose March 31, 1994 rate is
   determined by a local franchising authority or the Commission to be too high
   under the Commission's rate regulations in effect before May 15, 1994 will
   be subject to any refund liability that may accrue under those rules. In
   addition, the system will be liable for refund liability under the rules in
   effect on and after May 15, 1994. Such refund liability will be measured by
   the difference in the system's March 31, 1994 rate and its permitted March
   31, 1994 rate as calculated under the Commission's rate regulations in
   effect before May 15, 1994. The refund liability will accrue according to
   the time periods set forth in § § 76.942, and 76.961 of the Commission's
   rules.

   (5)  Streamlined  rate  reductions.  (i) Upon becoming subject to rate
   regulation,  a  small system owned by a small cable company may make a
   streamlined rate reduction, subject to the following conditions, in lieu of
   establishing initial rates pursuant to the other methods of rate regulation
   set forth in this subpart:

   (A) Small systems that are owned by small cable companies and that have not
   already restructured their rates to comply with the Commission's rules may
   establish rates for regulated program services and equipment by making a
   streamlined rate reduction. Small systems owned by small cable companies
   shall not be eligible for streamlined rate reductions if they are owned or
   controlled by, or are under common control or affiliated with, a cable
   operator that exceeds these subscriber limits. For purposes of this rule, a
   small system will be considered “affiliated with” such an operator if the
   operator has a 20 percent or greater equity interest in the small system.

   (B) The streamlined rate for a tier on May 15, 1994 shall be the system's
   March 31, 1994 rate for the tier, reduced by 14 percent. A small system that
   elects to establish its rate for a tier by implementing this streamlined
   rate reduction must also reduce, at the same time, each billed item of
   regulated cable service, including equipment, by 14 percent. Regulated rates
   established using the streamlined rate reduction process shall remain in
   effect until:

   (1) Adoption of a further order by the Commission establishing a schedule of
   average equipment costs;

   (2) The system increases its rates using the calculations and time periods
   set forth in FCC Form 1211; or

   (3) The system elects to establish permitted rates under another available
   option set forth in paragraph (b)(1) of this section.

   (C) Implementation and notification. An eligible small system that elects to
   use the streamlined rate reduction process must implement the required rate
   reductions and provide written notice of such reductions to subscribers, the
   local franchising authority and the Commission according to the following
   schedule:

   (1)  Within  60  days  from the date it receives the initial notice of
   regulation from the franchising authority or the Commission, the small
   system  must provide written notice to subscribers and the franchising
   authority, or to the Commission if the Commission is regulating the basic
   tier, that it is electing to set its regulated rates by the streamlined rate
   reduction process. The system must then implement the streamlined rate
   reductions within 30 days after the written notification has been provided
   to subscribers and the local franchise authority or Commission.

   (2) If a cable programming services complaint is filed against the system,
   the system must provide the required written notice, described in paragraph
   (b)(5)(iii)(C)(1) of this section, to subscribers, the local franchising
   authority or the Commission within 60 days after the complaint is filed. The
   system must then implement the streamlined rate reductions within 30 days
   after the written notification has been provided.

   (3) A small system is required to give written notice of, and to implement,
   the rates that are produced by the streamlined rate reduction process only
   once. If a system has already provided notice of, and implemented, the
   streamlined rate reductions when a given tier becomes subject to regulation,
   it must report to the relevant regulator (either the franchising authority
   or  the  Commission)  in writing within 30 days of becoming subject to
   regulation that it has already provided the required notice and implemented
   the required rate reductions.

   (ii) The stremlined rate for a tier on May 15, 1994 shall be the system's
   March 31, 1994 rate for the tier, reduced by 14 percent. A small system that
   elects to establish its rate for a tier by implementing this streamlined
   rate reduction must also reduce, at the same time, each billed item of
   regulated cable service, including equipment, by 14 percent. Regulated rates
   established using the streamlined rate reduction process shall remain in
   effect until:

   (A) Adoption of a further order by the Commission establishing a schedule of
   average equipment costs;

   (B) The system increases its rates using the calculations and time periods
   set forth in FCC Form 1211; or

   (C) The system elects to establish permitted rates under another available
   option set forth in paragraph (b)(1) of this section.

   (iii) Implementation and notification. An eligible small system that elects
   to use the streamlined rate reduction process must implement the required
   rate  reductions  and  provide  written  notice  of such reductions to
   subscribers, the local franchising authority and the Commission according to
   the following schedule:

   (A) Where the franchising authority has been certified by the Commission to
   regulate the small system's basic service tier rates as of May 15, 1994, the
   system must notify the franchising authority and its subscribers in writing
   that  it is electing to set its regulated rates by the streamline rate
   reduction process. Such notice must be given by June 15, 1994, and must also
   describe the new rates that will result from the streamlined rate reduction
   process. Those rates must then be implemented within 30 days after the
   written  notification  has  been provided to subscribers and the local
   franchising authority.

   (B) Where the franchising authority has not been certified to regulate basic
   service  tier rates by May 15, 1994, the small system must provide the
   written notice to subscribers and the franchising authority, described in
   paragraph (b)(5)(iii)(A) of this section, within 30 days from the date it
   receives the initial notice of regulation from the franchising authority.
   The system must then implement the streamlined rate reductions within 30
   days after the written notification has been provided to subscribers and the
   local franchise authority.

   (C) Where the Commission is regulating the small system's basic service tier
   rates as of May 15, 1994, the system must notify the Commission and its
   subscribers in writing that it is electing to set its regulated rates by the
   streamlined rate reduction process. Such notice must be given by June 15,
   1994,  and  must also describe the new rates that will result from the
   streamlined rate reduction process. Those rates must then be implemented
   within  30  days  after  the written notification has been provided to
   subscribers and the Commission.

   (D) Where the Commission begins regulating basic service rates after May 15,
   1994, the small system must provide the written notice to subscribers and
   the Commission, described in paragraph (b)(5)(iii)(C) of this section,
   within 30 days from the date it receives an initial notice of regulation.
   The system must then implement the streamlined rate reductions within 30
   days after the written notification has been provided to subscribers and the
   Commission.

   (E) If a complaint about its cable programming service rates has been filed
   with the Commission on or before May 15, 1994, the small system must provide
   the written notice described in paragraph (b)(5)(iii)(A) of this section, to
   subscribers, the local franchising authority and the Commission by June 15,
   1994. If a cable programming services complaint is filed against the system
   after May 15, 1994, the system must provide the required written notice to
   subscribers, the local franchising authority or the Commission within 30
   days  after the complaint is filed. The system must then implement the
   streamlined rate reductions within 30 days after the written notification
   has been provided.

   (F) A small system is required to give written notice of, and to implement,
   the rates that are produced by the streamlined rate reduction process only
   once. If a system has already provided notice of, and implemented, the
   streamlined rate reductions when a given tier becomes subject to regulation,
   it must report to the relevant regulator (either the franchising authority
   or  the  Commission)  in writing within 30 days of becoming subject to
   regulation that it has already provided the required notice and implemented
   the required rate reductions.

   (6) Establishment of initial regulated rates. (i) Cable systems, other than
   those eligible for streamlined rate reductions, shall file FCC Forms 1200,
   1205, and 1215 for a tier that is regulated on May 15, 1994 by June 15,
   1994, or thirty days after the initial date of regulation for the tier. A
   system that becomes subject to regulation for the first time on or after
   July 1, 1994 shall also file FCC Form 1210 at the time it files FCC Forms
   1200, 1205 and 1215.

   (ii) A cable system will not incur refund liability under the Commission's
   rules governing regulated cable rates on and after May 15, 1994 if:

   (A) Between March 31, 1994 and July 14, 1994, the system does not change the
   rate for, or restructure in any fashion, any program service or equipment
   offering that is subject to regulation under the 1992 Cable Act; and

   (B) The system establishes a permitted rate defined in paragraph (b) of this
   section by July 14, 1994. The deferral of refund liability permitted by this
   subsection will terminate if, after March 31, 1994, the system changes any
   rate for, or restructures, any program service or equipment offering subject
   to regulation, and in all events will expire on July 14, 1994. Moreover, the
   deferral of refund liability permitted by this paragraph does not apply to
   refund liability that occurs because the system's March 31, 1994 rates for
   program services and equipment subject to regulation are higher than the
   levels permitted under the Commission's rules in effect before May 15, 1994.

   (7) For purposes of this section, the initial date of regulation for the
   basic service tier shall be the date on which notice is given pursuant to
   § 76.910,  that  the  provision of the basic service tier is subject to
   regulation. For a cable programming services tier, the initial date of
   regulation shall be the first date on which a complaint on the appropriate
   form is filed with the Commission concerning rates charged for the cable
   programming services tier.

   (8) For purposes of this section, rates in effect on the initial date of
   regulation  or  on  September  30,  1992 shall be the rates charged to
   subscribers for service received on that date.

   (9) Updating data calculations. (i) For purposes of this section, if:

   (A) A cable operator, prior to becoming subject to regulation, revised its
   rates to comply with the Commission's rules; and

   (B) The data on which the cable operator relied was current and accurate at
   the time of revision, and the rate is accurate and justified by the prior
   data; and

   (C) Through no fault of the cable operator, the rates that resulted from
   using such data differ from the rates that would result from using data
   current and accurate at the time the cable operator's system becomes subject
   to regulation; then the cable operator is not required to change its rates
   to reflect the data current at the time it becomes subject to regulation.

   (ii) Notwithstanding the above, any subsequent changes in a cable operator's
   rates must be made from rate levels derived from data [that was current as
   of the date of the rate change].

   (iii) For purposes of this subsection, if the rates charged by a cable
   operator are not justified by an analysis based on the data available at the
   time it initially adjusted its rates, the cable operator must adjust its
   rates in accordance with the most accurate data available at the time of the
   analysis.

   (c) Subsequent permitted charge. (1) The permitted charge for a tier after
   May 15, 1994 shall be, at the election of the cable system, either:

   (i) A rate determined pursuant to a cost-of-service showing,

   (ii)  A  rate  determined by application of the Commission's price cap
   requirements set forth in paragraph (d) of this section to a permitted rate
   determined in accordance with paragraph (b) of this section, or

   (iii)  A  rate determined by application of the Commission's price cap
   requirements set forth in paragraph (e) of this section to a permitted rate
   determined in accordance with paragraph (b) of this section.

   (2) The Commission's price cap requirements allow a system to adjust its
   permitted charges for inflation, changes in the number of regulated channels
   on tiers, or changes in external costs. After May 15, 1994, adjustments for
   changes in external costs shall be calculated by subtracting external costs
   from the system's permitted charge and making changes to that “external cost
   component” as necessary. The remaining charge, referred to as the “residual
   component,” will be adjusted annually for inflation. Cable systems may
   adjust  their  rates  by using the price cap rules contained in either
   paragraph (d) or (e) of this section. In addition, cable systems may further
   adjust their rates using the methodologies set forth in paragraph (n) of
   this section.

   (3) An operator may switch between the quarterly rate adjustment option
   contained in paragraph (d) of this section and the annual rate adjustment
   option contained in paragraph (e) of this section, provided that:

   (i) Whenever an operator switches from the current quarterly system to the
   annual system, the operator may not file a Form 1240 earlier than 90 days
   after the operator proposed its last rate adjustment on a Form 1210; and

   (ii)  When an operator changes from the annual system to the quarterly
   system, the operator may not return to a quarterly adjustment using a Form
   1210 until a full quarter after it has filed a true up of its annual rate on
   a Form 1240 for the preceding filing period.

   (4) An operator that does not set its rates pursuant to a cost-of-service
   filing  must use the quarterly rate adjustment methodology pursuant to
   paragraph (d) of this section or annual rate adjustment methodology pursuant
   to paragraph (e) of this section for both its basic service tier and its
   cable programming services tier(s).

   (d) Quarterly rate adjustment method—(1) Calendar year quarters. All systems
   using the quarterly rate adjustment methodology must use the following
   calendar  year  quarters  when  adjusting  rates  under  the price cap
   requirements. The first quarter shall run from January 1 through March 31 of
   the relevant year; the second quarter shall run from April 1 through June
   30; the third quarter shall run from July 1 through September 30; and the
   fourth quarter shall run from October 1 through December 31.

   (2) Inflation adjustments. The residual component of a system's permitted
   charge  may  be  adjusted annually for inflation. The annual inflation
   adjustment shall be used on inflation occurring from June 30 of the previous
   year to June 30 of the year in which the inflation adjustment is made,
   except that the first annual inflation adjustment shall cover inflation from
   September  30,  1993  until June 30 of the year in which the inflation
   adjustment is made. The adjustment may be made after September 30, but no
   later than August 31, of the next calendar year. Adjustments shall be based
   on changes in the Gross National Product Price Index as published by the
   Bureau of Economic Analysis of the United States Department of Commerce.
   Cable systems that establish a transition rate pursuant to paragraph (b)(4)
   of this section may not begin adjusting rates on account of inflation before
   April 1, 1995. Between April 1, 1995 and August 31, 1995 cable systems that
   established a transition rate may adjust their rates to reflect the net of a
   5.21% inflation adjustment minus any inflation adjustments they have already
   received. Low price systems that had their March 31, 1994 rates above the
   benchmark,  but  their full reduction rate below the benchmark will be
   permitted to adjust their rates to reflect the full 5.21% inflation factor
   unless the rate reduction was less than the inflation adjustment received on
   an FCC Form 393 for rates established prior to May 15, 1994. If the rate
   reduction established by a low price system that reduced its rate to the
   benchmark was less than the inflation adjustment received on an FCC Form
   393, the system will be permitted to receive the 5.21% inflation adjustment
   minus the difference between the rate reduction and the inflation adjustment
   the  system made on its FCC Form 393. Cable systems that established a
   transition rate may make future inflation adjustments on an annual basis
   with all other cable operators, no earlier than October 1 of each year and
   no later than August 31 of the following year to reflect the final GNP-PI
   through June 30 of the applicable year.

   (3) External costs. (i) Permitted charges for a tier may be adjusted up to
   quarterly to reflect changes in external costs experienced by the cable
   system as defined by paragraph (f) of this section. In all events, a system
   must adjust its rates annually to reflect any decreases in external costs
   that have not previously been accounted for in the system's rates. A system
   must also adjust its rates annually to reflect any changes in external
   costs, inflation and the number of channels on regulated tiers that occurred
   during the year if the system wishes to have such changes reflected in its
   regulated rates. A system that does not adjust its permitted rates annually
   to account for those changes will not be permitted to increase its rates
   subsequently to reflect the changes.

   (ii) A system must adjust its rates in the next calendar year quarter for
   any  decrease in programming costs that results from the deletion of a
   channel or channels from a regulated tier.

   (iii) Any rate increase made to reflect an increase in external costs must
   also fully account for all other changes in external costs, inflation and
   the number of channels on regulated tiers that occurred during the same
   period. Rate adjustments made to reflect changes in external costs shall be
   based on any changes in those external costs that occurred from the end of
   the last quarter for which an adjustment was previously made through the end
   of the quarter that has most recently closed preceding the filing of the FCC
   Form 1210 (or FCC Form 1211, where applicable). A system may adjust its
   rates after the close of a quarter to reflect changes in external costs that
   occurred during that quarter as soon as it has sufficient information to
   calculate the rate change.

   (e) Annual rate adjustment method—(1) Generally. Except as provided for in
   paragraphs (e)(2)(iii)(B) and (e)(2)(iii)(C) of this section and Section
   76.923(o), operators that elect the annual rate adjustment method may not
   adjust their rates more than annually to reflect inflation, changes in
   external costs, changes in the number of regulated channels, and changes in
   equipment costs. Operators that make rate adjustments using this method must
   file on the same date a Form 1240 for the purpose of making rate adjustments
   to reflect inflation, changes in external costs and changes in the number of
   regulated channels and a Form 1205 for the purpose of adjusting rates for
   regulated equipment and installation. Operators may choose the annual filing
   date, but they must notify the franchising authority of their proposed
   filing  date  prior  to their filing. Franchising authorities or their
   designees may reject the annual filing date chosen by the operator for good
   cause. If the franchising authority finds good cause to reject the proposed
   filing date, the franchising authority and the operator should work together
   in an effort to reach a mutually acceptable date. If no agreement can be
   reached, the franchising authority may set the filing date up to 60 days
   later than the date chosen by the operator. An operator may change its
   filing  date  from year-to-year, but except as described in paragraphs
   (e)(2)(iii)(B) and (e)(2)(iii)(C) of this section, at least twelve months
   must pass before the operator can implement its next annual adjustment.

   (2) Projecting inflation, changes in external costs, and changes in number
   of regulated channels. An operator that elects the annual rate adjustment
   method may adjust its rates to reflect inflation, changes in external costs
   and changes in the number of regulated channels that are projected for the
   12 months following the date the operator is scheduled to make its rate
   adjustment pursuant to Section 76.933(g).

   (i) Inflation Adjustments. The residual component of a system's permitted
   charge may be adjusted annually to project for the 12 months following the
   date  the  operator is scheduled to make a rate adjustment. The annual
   inflation adjustment shall be based on inflation that occurred in the most
   recently completed July 1 to June 30 period. Adjustments shall be based on
   changes in the Gross National Product Price Index as published by the Bureau
   of Economic Analysis of the United States Department of Commerce.

   (ii)  External costs. (A) Permitted charges for a tier may be adjusted
   annually  to reflect changes in external costs experienced but not yet
   accounted for by the cable system, as well as for projections in these
   external costs for the 12-month period on which the filing is based. In
   order that rates be adjusted for projections in external costs, the operator
   must demonstrate that such projections are reasonably certain and reasonably
   quantifiable. Projections involving copyright fees, retransmission consent
   fees,  other  programming costs, Commission regulatory fees, and cable
   specific  taxes  are  presumed to be reasonably certain and reasonably
   quantifiable. Operators may project for increases in franchise related costs
   to the extent that they are reasonably certain and reasonably quantifiable,
   but  such  changes  are not presumed reasonably certain and reasonably
   quantifiable.  Operators  may pass through increases in franchise fees
   pursuant to Section 76.933(g).

   (B) In all events, a system must adjust its rates every twelve months to
   reflect any net decreases in external costs that have not previously been
   accounted for in the system's rates.

   (C) Any rate increase made to reflect increases or projected increases in
   external costs must also fully account for all other changes and projected
   changes in external costs, inflation and the number of channels on regulated
   tiers that occurred or will occur during the same period. Rate adjustments
   made to reflect changes in external costs shall be based on any changes,
   plus projections, in those external costs that occurred or will occur in the
   relevant time periods since the periods used in the operator's most recent
   previous FCC Form 1240.

   (iii) Channel adjustments. (A) Permitted charges for a tier may be adjusted
   annually to reflect changes not yet accounted for in the number of regulated
   channels provided by the cable system, as well as for projected changes in
   the number of regulated channels for the 12-month period on which the filing
   is based. In order that rates be adjusted for projected changes to the
   number  of regulated channels, the operator must demonstrate that such
   projections are reasonably certain and reasonably quantifiable.

   (B) An operator may make rate adjustments for the addition of required
   channels to the basic service tier that are required under federal or local
   law at any time such additions occur, subject to the filing requirements of
   Section 76.933(g)(2), regardless of whether such additions occur outside of
   the annual filing cycle. Required channels may include must-carry, local
   origination, public, educational and governmental access and leased access
   channels.  Should  the  operator  elect  not to pass through the costs
   immediately,  it  may accrue the costs of the additional channels plus
   interest, as described in paragraph (e)(3) of this section.

   (C) An operator may make one additional rate adjustment during the year to
   reflect channel additions to the cable programming services tiers or, where
   the  operator  offers only one regulated tier, the basic service tier.
   Operators may make this additional rate adjustment at any time during the
   year, subject to the filing requirements of Section 76.933(g)(2), regardless
   of whether the channel addition occurs outside of the annual filing cycle.
   Should the operator elect not to pass through the costs immediately, it may
   accrue the costs of the additional channels plus interest, as described in
   paragraph (e)(3) of this section.

   (3) True-up and accrual of charges not projected. As part of the annual rate
   adjustment, an operator must “true up” its previously projected inflation,
   changes in external costs and changes in the number of regulated channels
   and  adjust its rates for these actual cost changes. The operator must
   decrease its rates for overestimation of its projected cost changes, and may
   increase its rates to adjust for underestimation of its projected cost
   changes.

   (i)  Where  an  operator has underestimated costs, future rates may be
   increased to permit recovery of the accrued costs plus 11.25% interest
   between  the  date the costs are incurred and the date the operator is
   entitled to make its rate adjustment.

   (ii) Per channel adjustment. Operators may increase rates by a per channel
   adjustment  of  up  to 20 cents per subscriber per month, exclusive of
   programming costs, for each channel added to a CPST between May 15, 1994,
   and December 31, 1997, except that an operator may take the per channel
   adjustment only for channel additions that result in an increase in the
   highest number of channels offered on all CPSTs as compared to May 14, 1994,
   and each date thereafter. Any revenues received from a programmer, or shared
   by a programmer and an operator in connection with the addition of a channel
   to a CPST shall first be deducted from programming costs for that channel
   pursuant to paragraph (d)(3)(x) of this section and then, to the extent
   revenues received from the programmer are greater than the programming
   costs, shall be deducted from the per channel adjustment. This deduction
   will apply on a channel by channel basis. With respect to the per channel
   adjustment only, this deduction shall not apply to revenues received by an
   operator from a programmer as commissions on sales of products or services
   offered through home shopping services.

   (iii) If an operator has underestimated its cost changes and elects not to
   recover  these accrued costs with interest on the date the operator is
   entitled to make its annual rate adjustment, the interest will cease to
   accrue as of the date the operator is entitled to make the annual rate
   adjustment, but the operator will not lose its ability to recover such costs
   and interest. An operator may recover accrued costs between the date such
   costs are incurred and the date the operator actually implements its rate
   adjustment.

   (iv) Operators that use the annual methodology in their next filing after
   the release date of this Order may accrue costs and interest incurred since
   July 1, 1995 in that filing. Operators that file a Form 1210 in their next
   filing after the release date of this Order, and elect to use Form 1240 in a
   subsequent filing, may accrue costs incurred since the end of the last
   quarter to which a Form 1210 applies.

   (4) Sunset provision. The Commission will review paragraph (e) of this
   section prior to December 31, 1998 to determine whether the annual rate
   adjustment methodology should be kept, and whether the quarterly system
   should be eliminated and replaced with the annual rate adjustment method.

   (f)  External  costs. (1) External costs shall consist of costs in the
   following categories:

   (i) State and local taxes applicable to the provision of cable television
   service;

   (ii) Franchise fees;

   (iii) Costs of complying with franchise requirements, including costs of
   providing public, educational, and governmental access channels as required
   by the franchising authority;

   (iv)  Retransmission  consent fees and copyright fees incurred for the
   carriage of broadcast signals;

   (v) Other programming costs; and

   (vi) Commission cable television system regulatory fees imposed pursuant to
   47 U.S.C. § 159.

   (vii)  Headend  equipment  costs necessary for the carriage of digital
   broadcast signals.

   (2) The permitted charge for a regulated tier shall be adjusted on account
   of programming costs, copyright fees and retransmission consent fees only
   for the program channels or broadcast signals offered on that tier.

   (3) The permitted charge shall not be adjusted for costs of retransmission
   consent fees or changes in those fees incurred prior to October 6, 1994.

   (4) The starting date for adjustments on account of external costs for a
   tier of regulated programming service shall be the earlier of the initial
   date of regulation for any basic or cable service tier or February 28, 1994.
   Except, for regulated FCC Form 1200 rates set on the basis of rates at
   September 30, 1992 (using either March 31, 1994 rates initially determined
   from FCC Form 393 Worksheet 2 or using Form 1200 Full Reduction Rates from
   Line J6), the starting date shall be September 30, 1992. Operators in this
   latter group may make adjustment for changes in external costs for the
   period between September 30, 1992, and the initial date of regulation or
   February 28, 1994, whichever is applicable, based either on changes in the
   GNP-PI over that period or on the actual change in the external costs over
   that period. Thereafter, adjustment for external costs may be made on the
   basis of actual changes in external costs only.

   (5) Changes in franchise fees shall not result in an adjustment to permitted
   charges, but rather shall be calculated separately as part of the maximum
   monthly charge per subscriber for a tier of regulated programming service.

   (6) Adjustments to permitted charges to reflect changes in the costs of
   programming purchased from affiliated programmers, as defined in § 76.901,
   shall be permitted as long as the price charged to the affiliated system
   reflects either prevailing company prices offered in the marketplace to
   third parties (where the affiliated program supplier has established such
   prices) or the fair market value of the programming.

   (i) For purposes of this section, entities are affiliated if either entity
   has  an  attributable interest in the other or if a third party has an
   attributable interest in both entities.

   (ii) Attributable interest shall be defined by reference to the criteria set
   forth in Notes 1 through 5 to § 76.501 provided, however, that:

   (A) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f)
   shall not apply; and

   (B) The provisions of Note 2(a) regarding five (5) percent interests shall
   include  all  voting  or nonvoting stock or limited partnership equity
   interests of five (5) percent or more.

   (7) Adjustments to permitted charges on account of increases in costs of
   programming shall be further adjusted to reflect any revenues received by
   the  operator  from  the programmer. Such adjustments shall apply on a
   channel-by-channel basis.

   (8) In calculating programming expense, operators may add a mark-up of 7.5%
   for increases in programming costs occurring after March 31, 1994, except
   that operators may not file for or take the 7.5% mark-up on programming
   costs for new channels added on or after May 15, 1994 for which the operator
   has used the methodology set forth in paragraph (g)(3) of this section for
   adjusting rates for channels added to cable programming service tiers.
   Operators shall reduce rates by decreases in programming expense plus an
   additional 7.5% for decreases occurring after May 15, 1994 except with
   respect to programming cost decreases on channels added after May 15, 1994
   for  which the rate adjustment methodology in paragraph (g)(3) of this
   section was used.

   (g) Changes in the number of channels on regulated tiers—(1) Generally. A
   system may adjust the residual component of its permitted rate for a tier to
   reflect changes in the number of channels offered on the tier on a quarterly
   basis.  Cable systems shall use FCC Form 1210 (or FCC Form 1211, where
   applicable) or FCC Form 1240 to justify rate changes made on account of
   changes in the number of channels on a basic service tier (“BST”) or a cable
   programming service tier (“CPST”). Such rate adjustments shall be based on
   any changes in the number of regulated channels that occurred from the end
   of the last quarter for which an adjustment was previously made through the
   end of the quarter that has most recently closed preceding the filing of the
   FCC  Form  1210 (or FCC Form 1211, where applicable) or FCC Form 1240.
   However, when a system deletes channels in a calendar quarter, the system
   must adjust the residual component of the tier charge in the next calendar
   quarter to reflect that deletion. Operators must elect between the channel
   addition rules in paragraphs (g)(2) and (g)(3) of this section the first
   time  they  adjust rates after December 31, 1994, to reflect a channel
   addition to a CPST that occurred on or after May 15, 1994, and must use the
   elected methodology for all rate adjustments through December 31, 1997. A
   system that adjusted rates after May 15, 1994, but before January 1, 1995 on
   account of a change in the number of channels on a CPST that occurred after
   May 15, 1994, may elect to revise its rates to charge the rates permitted by
   paragraph (g)(3) of this section on or after January 1, 1995, but is not
   required to do so as a condition for using the methodology in paragraph
   (g)(3) of this section for rate adjustments after January 1, 1995. Rates for
   the BST will be governed exclusively by paragraph (g)(2) of this section,
   except that where a system offered only one tier on May 14, 1994, the cable
   operator will be allowed to elect between paragraphs (g)(2) and (g)(3) of
   this section as if the tier was a CPST.

   (2) Adjusting rates for increases in the number of channels offered between
   May 15, 1994, and December 31, 1997, on a basic service tier and at the
   election of the operator on a cable programming service tier. The following
   table shall be used to adjust permitted rates for increases in the number of
   channels offered between May 15, 1994, and December 31, 1997, on a basic
   service tier and subject to the conditions in paragraph (g)(1) of this
   section at the election of the operator on a CPST. The entries in the table
   provide  the cents per channel per subscriber per month by which cable
   operators will adjust the residual component using FCC Form 1210 (or FCC
   Form 1211, where applicable) or FCC Form 1240.
   Average No. of regulated channels Per-channel adjustment factor
   7                                                         $0.52
   7.5                                                        0.45
   8                                                          0.40
   8.5                                                        0.36
   9                                                          0.33
   9.5                                                        0.29
   10                                                         0.27
   10.5                                                       0.24
   11                                                         0.22
   11.5                                                       0.20
   12                                                         0.19
   12.5                                                       0.17
   13                                                         0.16
   13.5                                                       0.15
   14                                                         0.14
   14.5                                                       0.13
   15-15.5                                                    0.12
   16                                                         0.11
   16.5-17                                                    0.10
   17.5-18                                                    0.09
   18.5-19                                                    0.08
   19.5-21.5                                                  0.07
   22-23.5                                                    0.06
   24-26                                                      0.05
   26.5-29.5                                                  0.04
   30-35.5                                                    0.03
   36-46                                                      0.02
   46.5-99.5                                                  0.01

   In order to adjust the residual component of the tier charge when there is
   an increase in the number of channels on a tier, the operator shall perform
   the following calculations:

   (i) Take the sum of the old total number of channels on tiers subject to
   regulation (i.e., tiers that are, or could be, regulated but excluding New
   Product Tiers) and the new total number of channels and divide the resulting
   number by two;

   (ii) Consult the above table to find the applicable per channel adjustment
   factor for the number of channels produced by the calculations in step (1).
   For  each  tier  for which there has been an increase in the number of
   channels, multiply the per-channel adjustment factor times the change in the
   number of channels on that tier. The result is the total adjustment for that
   tier.

   (3) Alternative methodology for adjusting rates for changes in the number of
   channels offered on a cable programming service tier or a single tier system
   between  May  15,  1994,  and December 31, 1997. This paragraph at the
   Operator's discretion as set forth in paragraph (g)(1) of this section shall
   be used to adjust permitted rates for a CPST after December 31, 1994, for
   changes in the number of channels offered on a CPST between May 15, 1994,
   and December 31, 1997. For purposes of paragraph (g)(3) of this section, a
   single tier system may be treated as if it were a CPST.

   (i) Operators cap attributable to new channels on all CPSTs through December
   31,  1997. Operators electing to use the methodology set forth in this
   paragraph may increase their rates between January 1, 1995, and December 31,
   1997, by up to 20 cents per channel, exclusive of programming costs, for new
   channels added to CPSTs on or after May 15, 1994, except that they may not
   make rate adjustments totalling more than $1.20 per month, per subscriber
   through December 31, 1996, and by more than $1.40 per month, per subscriber
   through December 31, 1997 (the “Operator's Cap”). Except to the extent that
   the  programming costs of such channels are covered by the License Fee
   Reserve provided for in paragraph (g)(3)(iii) of this section, programming
   costs associated with channels for which a rate adjustment is made pursuant
   to this paragraph (g)(3) of this section must fall within the Operators' Cap
   if the programming costs (including any increases therein) are reflected in
   rates before January 1, 1997. Inflation adjustments pursuant to paragraph
   (d)(2) or (e)(2) of this section are not counted against the Operator's Cap.

   (ii) Per channel adjustment. Operators may increase rates by a per channel
   adjustment  of  up  to 20 cents per subscriber per month, exclusive of
   programming costs, for each channel added to a CPST between May 15, 1994,
   and December 31, 1997, except that an operator may take the per channel
   adjustment only for channel additions that result in an increase in the
   highest number of channels offered on all CPSTs as compared to May 14, 1994,
   and each date thereafter. Any revenues received from a programmer, or shared
   by a programmer and an operator in connection with the addition of a channel
   to a CPST shall first be deducted from programming costs for that channel
   pursuant  to  paragraph (f)(7) of this section and then, to the extent
   revenues received from the programmer are greater than the programming
   costs, shall be deducted from the per channel adjustment. This deduction
   will apply on a channel by channel basis.

   (iii) License fee reserve. In addition to the rate adjustments permitted in
   paragraphs (g)(3)(i) and (g)(3)(ii) of this section, operators that make
   channel additions on or after May 15, 1994 may increase their rates by a
   total of 30 cents per month, per subscriber between January 1, 1995, and
   December 31, 1996, for license fees associated with such channels (the
   “License Fee Reserve”). The License Fee Reserve may be applied against the
   initial license fee and any increase in the license fee for such channels
   during this period. An operator may pass-through to subscribers more than
   the 30 cents between January 1, 1995, and December 31, 1996, for license
   fees associated with channels added after May 15, 1994, provided that the
   total amount recovered from subscribers for such channels, including the
   License Fee Reserve, does not exceed $1.50 per subscriber, per month. After
   December  31,  1996, license fees may be passed through to subscribers
   pursuant  to  paragraph  (f) of this section, except that license fees
   associated with channels added pursuant to this paragraph (3) will not be
   eligible for the 7.5% mark-up on increases in programming costs.

   (iv) Timing. For purposes of determining whether a rate increase counts
   against the maximum rate increases specified in paragraphs (g)(3)(i) through
   (g)(3)(ii)  of this section, the relevant date shall be when rates are
   increased as a result of channel additions, not when the addition occurs.

   (4)  Deletion of channels. When dropping a channel from a BST or CPST,
   operators shall reflect the net reduction in external costs in their rates
   pursuant  to  paragraphs  (d)(3)(i) and (d)(3)(ii) of this section, or
   paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. With respect to
   channels to which the 7.5% mark-up on programming costs applied pursuant to
   paragraph (f)(8) of this section, the operator shall treat the mark-up as
   part of its programming costs and subtract the mark-up from its external
   costs.  Operators  shall  also  reduce  the  price of that tier by the
   “residual” associated with that channel. For channels that were on a BST or
   CPST  on  May  14, 1994, or channels added after that date pursuant to
   paragraph (g)(2) of this section, the per channel residual is the charge for
   their tier, minus the external costs for the tier, and any per channel
   adjustments made after that date, divided by the total number of channels on
   the tier minus the number of channels on the tier that received the per
   channel  adjustment specified in paragraph (g)(3) of this section. For
   channels added to a CPST after May 14, 1994, pursuant to paragraph (g)(3) of
   this section, the residuals shall be the actual per channel adjustment taken
   for that channel when it was added to the tier.

   (5) Movement of Channels Between Tiers. When a channel is moved from a CPST
   or  a BST to another CPST or BST, the price of the tier from which the
   channel is dropped shall be reduced to reflect the decrease in programming
   costs and residual as described in paragraph (g)(4) of this section. The
   residual associated with the shifted channel shall then be converted from
   per subscriber to aggregate numbers to ensure aggregate revenues from the
   channel remain the same when the channel is moved. The aggregate residual
   associated with the shifted channel may be shifted to the tier to which the
   channel  is  being  moved. The residual shall then be converted to per
   subscriber  figures  on  the  new  tier, plus any subsequent inflation
   adjustment. The price of the tier to which the channel is shifted may then
   be increased to reflect this amount. The price of that tier may also be
   increased to reflect any increase in programming cost. An operator may not
   shift a channel for which it received a per channel adjustment pursuant to
   paragraph (g)(3) of this section from a CPST to a BST.

   (6) Substitution of channels on a BST or CPST. If an operator substitutes a
   new channel for an existing channel on a CPST or a BST, no per channel
   adjustment may be made. Operators substituting channels on a CPST or a BST
   shall be required to reflect any reduction in programming costs in their
   rates  and  may  reflect any increase in programming costs pursuant to
   paragraphs  (d)(3)(i)  and (d)(3)(ii), or paragraphs (e)(2)(ii)(A) and
   (e)(2)(ii)(B) of this section. If the programming cost for the new channel
   is greater than the programming cost for the replaced channel, and the
   operator chooses to pass that increase through to subscribers, the excess
   shall count against the License Fee Reserve or the Operator Cap when the
   increased  cost  is  passed  through to subscribers. Where an operator
   substitutes  a  new  channel  for a channel on which a 7.5% mark-up on
   programming costs was taken pursuant to paragraph (f)(8) of this section,
   the operator may retain the 7.5% mark-up on the license fee of the dropped
   channel to the extent that it is no greater than 7.5% of programming cost of
   the new service.

   (7) Headend upgrades. When adding channels to CPSTs and single-tier systems,
   cable systems that are owned by a small cable company and incur additional
   monthly  per  subscriber headend costs of one full cent or more for an
   additional  channel  may  choose  among the methodologies set forth in
   paragraphs (g)(2) and (g)(3) of this section. In addition, such systems may
   increase rates to recover the actual cost of the headend equipment required
   to add up to seven such channels to CPSTs and single-tier systems, not to
   exceed  $5,000 per additional channel. Rate increases pursuant to this
   paragraph may occur between January 1, 1995, and December 31, 1997, as a
   result of additional channels offered on those tiers after May 14, 1994.
   Headend costs shall be depreciated over the useful life of the equipment.
   The rate of return on this investment shall not exceed 11.25 percent. In
   order to recover costs for headend equipment pursuant to this paragraph,
   systems  must  certify to the Commission their eligibility to use this
   paragraph, and the level of costs they have actually incurred for adding the
   headend equipment and the depreciation schedule for the equipment.

   (8)  Sunset provision. Paragraph (g) of this section shall cease to be
   effective on January 1, 1998 unless renewed by the Commission.

   (h) Permitted charges for a tier shall be determined in accordance with
   forms and associated instructions established by the Commission.

   (i) Cost of service charge. (1) For purposes of this section, a monthly
   cost-of-service charge for a basic service tier or a cable programming
   service tier is an amount equal to the annual revenue requirement for that
   tier divided by a number that is equal to 12 times the average number of
   subscribers to that tier during the test year, except that a monthly charge
   for a system or tier in service less than one year shall be equal to the
   projected annual revenue requirement for the first 12 months of operation or
   service divided by a number that is equal to 12 times the projected average
   number of subscribers during the first 12 months of operation or service.
   The calculation of the average number of subscribers shall include all
   subscribers, regardless of whether they receive service at full rates or at
   discounts.

   (2) A test year for an initial regulated charge is the cable operator's
   fiscal year preceding the initial date of regulation. A test year for a
   change  in  the basic service charge that is after the initial date of
   regulation is the cable operator's fiscal year preceding the mailing or
   other delivery of written notice pursuant to Section 76.932. A test year for
   a change in a cable programming service charge after the initial date of
   regulation is the cable operator's fiscal year preceding the filing of a
   complaint regarding the increase.

   (3) The annual revenue requirement for a tier is the sum of the return
   component and the expense component for that tier.

   (4) The return component for a tier is the average allowable test year
   ratebase allocable to the tier adjusted for known and measurable changes
   occurring between the end of the test year and the effective date of the
   rate  multiplied  by the rate of return specified by the Commission or
   franchising authority.

   (5) The expense component for a tier is the sum of allowable test year
   expenses allocable to the tier adjusted for known and measurable changes
   occurring between the end of the test year and the effective date of the
   rate.

   (6) The ratebase may include the following:

   (i) Prudent investment by a cable operator in tangible plant that is used
   and useful in the provision of regulated cable services less accumulated
   depreciation. Tangible plant in service shall be valued at the actual money
   cost (or the money value of any consideration other than money) at the time
   it was first used to provide cable service, except that in the case of
   systems purchased before May 15, 1994 shall be presumed to equal 66% of the
   total purchase price allocable to assets (including tangible and intangible
   assets) used to provide regulated services. The 66% allowance shall not be
   used to justify any rate increase taken after the effective date of this
   rule. The actual money cost of plant may include an allowance for funds used
   during construction at the prime rate or the operator's actual cost of funds
   during construction. Cost overruns are presumed to be imprudent investment
   in the absence of a showing that the overrun occurred through no fault of
   the operator.

   (ii) An allowance for start-up losses including depreciation, amortization
   and interest expenses related to assets that are included in the ratebase.
   Capitalized start-up losses, may include cumulative net losses, plus any
   unrecovered interest expenses connected to funding the regulated ratebase,
   amortized over the unexpired life of the franchise, commencing with the end
   of the loss accumulation phase. However, losses attributable to accelerated
   depreciation methodologies are not permitted.

   (iii) An allowance for start-up losses, if any, that is equal to the lesser
   of the first two years of operating costs or accumulated losses incurred
   until the system reached the end of its prematurity stage as defined in
   Financial  Accounting  Standards  Board  Standard  51 (“FASB 51”) less
   straight-line amortization over a reasonable period not exceeding 15 years
   that commences at the end of the prematurity phase of operation.

   (iv) Intangible assets less amortization that reflect the original costs
   prudently incurred by a cable operator in organizing and incorporating a
   company that provides regulated cable services, obtaining a government
   franchise to provide regulated cable services, or obtaining patents that are
   used and useful in the provision of cable services.

   (v) The cost of customer lists if such costs were capitalized during the
   prematurity phase of operations less amortization.

   (vi)  An amount for working capital to the extent that an allowance or
   disallowance for funds needed to sustain the ongoing operations of the
   regulated cable service is demonstrated.

   (vii) Other intangible assets to the extent the cable operator demonstrates
   that the asset reflects costs incurred in an activity or transaction that
   produced concrete benefits or savings for subscribers to regulated cable
   services that would not have been realized otherwise and the cable operator
   demonstrates that a return on such an asset does not exceed the value of
   such a subscriber benefit.

   (viii) The portion of the capacity of plant not currently in service that
   will be placed in service within twelve months of the end of the test year.

   (7) Deferred income taxes accrued after the date upon which the operator
   became subject to regulation shall be deducted from items included in the
   ratebase.

   (8) Allowable expenses may include the following:

   (i)  All regular expenses normally incurred by a cable operator in the
   provision  of  regulated cable service, but not including any lobbying
   expense, charitable contributions, penalties and fines paid on account of
   violations of statutes or rules, or membership fees in social, service,
   recreational or athletic clubs or organizations.

   (ii)  Reasonable  depreciation expense attributable to tangible assets
   allowable in the ratebase.

   (iii) Reasonable amortization expense for prematurely abandoned tangible
   assets formerly includable in the ratebase that are amortized over the
   remainder of the original expected life of the asset.

   (iv) Reasonable amortization expense for start-up losses and capitalized
   intangible assets that are includable in ratebase.

   (v) Taxes other than income taxes attributable to the provision of regulated
   cable services.

   (vi) An income tax allowance.

   (j)  Network upgrade rate increase. (1) Cable operators that undertake
   significant network upgrades requiring added capital investment may justify
   an  increase in rates for regulated services by demonstrating that the
   capital investment will benefit subscribers, including providing television
   broadcast programming in a digital format.

   (2)  A  rate  increase on account of upgrades shall not be assessed on
   customers until the upgrade is complete and providing benefits to customers
   of regulated services.

   (3) Cable operators seeking an upgrade rate increase have the burden of
   demonstrating the amount of the net increase in costs, taking into account
   current depreciation expense, likely changes in maintenance and other costs,
   changes in regulated revenues and expected economies of scale.

   (4) Cable operators seeking a rate increase for network upgrades shall
   allocate net cost increases in conformance with the cost allocation rules as
   set forth in § 76.924.

   (5) Cable operators that undertake significant upgrades shall be permitted
   to  increase  rates by adding the benchmark/price cap rate to the rate
   increment necessary to recover the net increase in cost attributable to the
   upgrade.

   (k) Hardship rate relief. A cable operator may adjust charges by an amount
   specified by the Commission for the cable programming service tier or the
   franchising authority for the basic service tier if it is determined that:

   (1) Total revenues from cable operations, measured at the highest level of
   the cable operator's cable service organization, will not be sufficient to
   enable the operator to attract capital or maintain credit necessary to
   enable the operator to continue to provide cable service;

   (2) The cable operator has prudent and efficient management; and

   (3) Adjusted charges on account of hardship will not result in total charges
   for regulated cable services that are excessive in comparison to charges of
   similarly situated systems.

   (l) Cost of service showing. A cable operator that elects to establish a
   charge, or to justify an existing or changed charge for regulated cable
   service,  based  on  a cost-of-service showing must submit data to the
   Commission or the franchising authority in accordance with forms established
   by  the Commission. The cable operator must also submit any additional
   information  requested by franchising authorities or the Commission to
   resolve questions in cost-of-service proceedings.

   (m)  Subsequent  cost  of service charges. No cable operator may use a
   cost-of-service showing to justify an increase in any charge established on
   a  cost-of-service basis for a period of 2 years after that rate takes
   effect, except that the Commission or the franchising authority may waive
   this prohibition upon a showing of unusual circumstances that would create
   undue hardship for a cable operator.

   (n)  Further rate adjustments—Uniform rates. A cable operator that has
   established rates in accordance with this section may then be permitted to
   establish a uniform rate for uniform services offered in multiple franchise
   areas. This rate shall be determined in accordance with the Commission's
   procedures and requirements set forth in CS Docket No. 95-174.

   [ 58 FR 29753 , May 21, 1993]

   Editorial Note: For Federal Register citations affecting § 76.922 see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

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