4. CPST RATES SUBJECT TO PRICE CAP.
a. Beginning January 1, 1996, TWC will be permitted to increase the
monthly rates for the most highly penetrated CPST on each of its systems by
$1.00 during each year of this Contract. These rate increases have been
established at a level designed to recover solely those costs allocable to BST
and CPST subscribers.
b. During the life of this Contract, the only other permitted
increases to CPST rates will be for inflation and increases in external costs.
In particular, during the term of this Contract, TWC will not avail itself of
any additional per-channel adjustment permitted by the Going Forward Rules for
any programming services added to the CPST after the Effective Date hereof.
Except as to TWC systems which had already commenced a roll out of the addition
of channels to CPST and associated per channel adjustments pursuant to the Going
Forward Rules prior to the Publication Date, any per channel adjustments
implemented pursuant to the Going Forward Rules by any TWC systems for services
added by such systems after the Publication Date, but prior to the Effective
Date, shall be netted against the initial CPST adjustment authorized by Section
III.F.4.a. above. Upon implementation of any such initial CPST adjustment, net
of any per channel adjustment taken by such TWC systems which have added
services after the Publication Date, such TWC systems will be allowed to
concurrently adjust CPST rates to reflect any license fees not already passed
through to subscribers associated with any such services added to such systems
after the Publication Date. TWC will not seek to pass through to subscribers any
additional capital costs relating to the upgrade requirement in this Contract
pursuant to any provision of the Commission's rules, including, but not limited
to, any rules or policies adopted by the Commission relating to the pass through
of external costs, upgrade