required by any retransmission consent agreement) shall not be subject to the
annual BST adjustment limitation set forth in Section III.G.1.
B. EQUIPMENT RATES.
TWC will be permitted to establish a blended rate, averaged for each
of the following equipment basket categories: (1) hourly service charge, (2)
installations, (3) remote control devices, (4) non-addressable converters, (5)
addressable converters, (6) other leased equipment, and (7) customer tier
changes, by geographic region as reflected on Appendix B to this Contract (and
any reasonable modifications to such regions). Equipment rates will be adjusted
annually to reflect changes in regional equipment Costs in each category. At
least thirty days prior to implementation of the first CPST adjustment
authorized pursuant to Section III.F.4., but not sooner than December 1, 1995,
TWC will submit a single Form 1205, or equivalent reasonably acceptable to the
Commission, for each region to the FCC, and will submit annual updates to such
filings thereafter for Commission review. Any data required to support such
annual equipment rate adjustments may be based on the four most recent available
quarterly financial figures. TWC may begin charging revised equipment and
installation rates to customers based upon the updated filing upon thirty days'
notice. These revised equipment and installation rates will be subject to
refund if the Commission later concludes that lower region-wide rates are called
for by such filings and applicable rules. Such region-wide equipment and
installation charges as TWC establishes and the Commission approves pursuant to
this Contract shall be subject to enforcement by local franchising authorities.
Should any LFA find that TWC's equipment and installation rates charged exceed
those permitted by the Commission, the LFA may order