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78 <br /> <br />9. Subscribers are automatically subscribed to the "a la carte" package <br /> through, for example, such means as negative option billing. <br /> <br /> Adelphia's customer service information explains to subscribers what they must do to <br />obtain Adelphia's packages of a la carte programming. This information provides in part: <br /> <br />Introducing... CableSelect! <br /> <br /> Certain provisions of the Cable Act encourage cable companies to offer an <br />increased range of programming options, and in recent years, Adelphia has heard <br />requests from many subscribers for more programming choice. <br /> <br /> As you have already been notified through other means, Adelphia now offers <br />"CableSelect," a new way to buy television under which all cable channels are <br />still priced and sold as groups (known as "CableValue" and "CablePlus), and <br />are also available individually if you would prefer to customize your channel <br />line-up (as detailed below). <br /> <br />"CabteValue" <br /> <br /> If you now receive Economy Service, and you want to continue to receive <br />the same selection of channels at the same price you do not need to do <br />anything. You will notice a change in the itemization of your monthly bill: <br />from now on you will se one line item for Basic Service and a second for <br />"CableValue" (all channels in the "CableSelect 1" category as listed on the <br />attached chart). <br /> <br />"CablePlus" -- Your Best Value <br /> <br /> If you now receive Standard Service, and you want to continue to <br />receive the same selection of channels at the same price, you do not <br />need to do anything. You will notice a change in the itemization of <br />your monthly bill: from now on you will see one line item for Basic <br />Service, a second for "CableValue" (all channels in the "CableSelect 1" <br />category on the attached chart), and a third for "CablePlus" (all <br />channels in the "CableSelect 2" category). <br /> <br /> Based on the foregoing, Charlottesville subscribers did not have to make any <br />affirmative election to switch from either Economy Service or Standard Service to the new a <br />la carte packages offered by Adelphia. Rather, these subscribers were automatically <br />switched to the new a la carte packages if they did nothing in response to the customer <br />service information. The high subscriber numbers for these new a la carte packages <br />(CableValue equals 24,117 system wide subscribers and CablePlus equals i 7,742 system <br />wide subscribers) suggests that this marketing strategy was successful for Adelphia. Since <br />marketing strategy was successful for Adelphia. Since subscribers were not required to make <br />an affirmative election to select the new a la carte packages, Adelphia utilized a negative <br />option in marketing the new a la carte packages. <br /> <br /> 10. The affected progranuners object to the restructuring of their <br /> services into "a la carte" packages. <br />The City has not contacted any of the programmers whose programming was removed <br /> from regulated tiers and placed in an a la carte format. <br /> <br />ORDER FOR ACTION <br /> <br />Based on the foregoing Findings of Fact the City hereby enters the following Orders: <br /> <br />1. The City hereby adopts and makes a part of this Resolution Exhibit 1 <br /> referenced above and attached hereto. <br /> <br /> <br />