FOR FCC RECORD ONLY $//Meredith Cable Television, Blaine, Minnesota, MO&O, DA 94-1587//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 94-1587 In the matter of ) ) Meredith Cable Television of ) CUID Nos. MN0370, MN0371, MN0372, North Central Minnesota ) MN0373, MN0374, MN0375, ("North Central Suburban") ) MN0376, MN0377, MN0378 Blaine, Minnesota ) ) Benchmark Filing To Support ) Cable Programming Service Price ) Memorandum Opinion and Order Adopted: December 30, 1994 Released: December 30, 1994 By the Chief, Cable Services Bureau: Introduction 1. Here we consider complaints about the price Meredith Cable, North Central Cable Administrator systems in Minnesota ("Meredith") was charging for its cable programming service ("CPS") tier in its North Central Suburban cable system, headquartered in Blaine, Minnesota, CUID Nos. MN0370 et al. Meredith has chosen to attempt to justify its price through a benchmark showing on FCC Form 393. This order addresses the reasonableness of Meredith'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 valid CPS complaint was completed and served on Meredith on October 6, 1993; a refiled complaint was served on December 20, 1993. The Commission received the refiled complaint on or about December 28, 1993. 5. Meredith filed its first FCC Form 393 filing for its North Central Suburban systems, headquartered in Blaine, Minnesota, CUID Nos. MN0370 et al., on November 15, 1993. This filing was dated November 10, 1993 and signed on the same date. Meredith filed a revised Form 393 on March 24, 1994, the reason for which Meredith states in its cover letter: "...reflects certain information that came to Meredith's attention during the basic rate review process..." The cover letter for the revised filing was signed on March 22, 1994. Discussion 6. Meredith asserts that its monthly CPS tier price of $14.10 per subscriber is justified by its benchmark filing because its price is less than the maximum permitted charge of $14.15 as calculated in its most recent filing, dated March 22, 1994. Upon review, we have found no apparent errors that would require a recalculation of Meredith's maximum permitted CPS price. Conclusions 7. Upon review of the record herein, we conclude that Meredith has demonstrated that $14.10 per subscriber per month, plus franchise fee, was a reasonable CPS tier price for the period December 28, 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 complaint against the cable programming service price charged by Meredith North Central Suburban Cable System of Blaine, Minnesota CUID Nos. MN0370 through MN0378, 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 Meredith Cable (North Central Cable Administrator, Blaine, Minnesota), CUID Nos. MN0370 through MN0378, for the period December 28, 1993 to May 14, 1994, justifies a maximum price of $14.10 per month (plus franchise fee) for Meredith Cable's North Central Cable Administrator systems' cable programming service tier. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau