FOR FCC RECORD ONLY
$//Prime Cable of Alaska, L.P., Anchorage, Alaska, MO&O, DA 94-1507//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$
                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                     DA 94-1507

In the matter of)
     )
Prime Cable of Alaska, L.P.      )      CUID No. AK0028
Anchorage, Alaska     )
     )
Benchmark Filing To Support      )
Cable Programming Service Price  )


                       Memorandum Opinion and Order

     Adopted:  December 16, 1994 Released:  December 19, 1994

By the Chief, Cable Services Bureau:


Introduction

     1.  Here we consider complaints about the price Prime Cable of Alaska, L.P. ("Prime
Cable") was charging for its cable programming service ("CPS") tier in Anchorage, Alaska,
CUID No. AK0028.  Prime Cable has chosen to attempt to justify its price through a
benchmark showing on FCC Form 393.  This order will address the reasonableness of Prime
Cable's price only through May 14, 1994.  At a later time we will issue a separate order
addressing the reasonableness of the price after that date.

     2.  Under the Cable Television Consumer Protection and Competition Act of 1992,
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review
CPS prices upon the filing of a valid complaint.  The filing of a valid complaint triggers an
obligation on behalf of the cable operator to file a justification of its CPS prices.  Under our
rules, an operator may attempt to justify its prices through either a benchmark showing or a
cost-of-service showing.  In either case, the operator has the burden of demonstrating that its
CPS prices are not unreasonable.

     3.  The Commission's original rate regulations took effect on September 1, 1993. 
The Commission subsequently revised its rate regulations effective May 15, 1994.  Operators
with valid CPS complaints filed against them prior to May 15, 1994 must demonstrate that
their CPS prices were in compliance with the Commission's initial rules from the time the
complaint was filed through May 14, 1994, and that their prices were in compliance with the
revised rules from May 15, 1994 forward.  Operators attempting to justify their prices for the
period prior to May 15, 1994 through a benchmark showing must complete and file FCC
Form 393.  Generally, to justify their prices for the period beginning May 15, 1994 through a
benchmark showing, operators must use the FCC Form 1200 series.

Procedural Matters

     4.  The first complete and timely CPS complaint was served on Prime Cable on
November 15, 1993.  The Commission received the complaint on November 16, 1993. 
(Prime Cable has moved to dismiss subsequent complaints filed by other cable subscribers.
Because we have accepted the November 15, 1993 complaint as properly filed, we find it
unnecessary to rule on Prime Cable's motions to dismiss these later filed complaints.) 

     5.  Prime Cable filed its first FCC Form 393 in response to this complaint on
December 6, 1993.  Prime Cable amended its justification twice: first on May 17, 1994 and
then on December 6, 1994 in response to a Commission letter citing still unresolved
deficiencies in Prime Cable's amended showing.

Discussion

     6.  Prime Cable asserts that its monthly CPS tier price of $15.22 per subscriber is
justified by its benchmark filing because its price is equal to the maximum permitted charge
of $15.22 as calculated in the filing.  Upon review of Prime Cable's Form 393, we have
found no apparent errors that would require a recalculation of Prime Cable's maximum
permitted CPS price.   
     
Conclusions

     7.  Upon review of the record herein, we conclude that Prime Cable of Alaska, L.P.'s
showing supports a maximum reasonable CPS tier price of $15.22 per month (plus franchise
fee) for the period November 16, 1993 to May 14, 1994.  

     8.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the November 15, 1993 complaint against the cable
programming service price charged by Prime Cable of Alaska, L.P. in Anchorage, Alaska,
CUID No. AK0028, and all other complaints relating to the same price, ARE DENIED TO
THE EXTENT INDICATED HEREIN.
     
     9.  IT IS FURTHER ORDERED, that the benchmark filing submitted by Prime Cable
of Alaska, L.P. with respect to Anchorage, Alaska, CUID No. AK0028, for the period of 
November 16, 1993 to May 14, 1994, justifies a maximum price of $15.22 per month (plus
franchise fee) for Prime Cable of Alaska, L.P.'s cable programming service tier.


     FEDERAL COMMUNICATIONS COMMISSION




     Meredith J. Jones
     Chief, Cable Services Bureau