FOR FCC RECORD ONLY
$//Cox Cable South Carolina, Inc., North Myrtle Beach, SC, MO&O, DA95-219//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                       DA 95-219

In the Matter Of                   )
                              )    CUID Nos. SC0023, SC0025 
Cox Cable South Carolina, Inc.          )                     and SC0037
North Myrtle Beach, South Carolina )
                              )
Benchmark Filings To Support       )
Cable Programming Service Prices        )

                       Memorandum Opinion and Order

Adopted: February 10, 1995              Released: February 14, 1995

By the Chief, Cable Services Bureau:

Introduction

     1.  Here we consider complaints about the price Cox Cable South Carolina, Inc.
("Cox") was charging for its cable programming service ("CPS") tier in its North Myrtle
Beach cable system, CUID Nos. SC0023, SC0025, and SC0037.  Cox has chosen to attempt
to justify its price through a benchmark showing on FCC Form 393.  This order addresses
the reasonableness of Cox'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 complete and timely complaint.  The filing of a complete and
timely 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 complete and timely 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 complaints for the franchise areas covered by
this Order were served on Cox and received by the Commission on the dates listed in
Appendix A.

     5.  Cox filed Forms 393 for all franchise areas covered by this Order on November
18, 1993.

Discussion

     6.  Cox asserts that its monthly CPS price of $13.90 per subscriber is justified by its
benchmark filing because its price is less than the maximum permitted charge of $13.92 as
calculated in it most recent filing, dated November 18, 1993.  Upon review, we have found
no apparent errors that would require a recalculation of Cox's maximum permitted CPS
price.

Conclusions

     7.  Upon review of the record herein, we conclude that Cox has demonstrated that
$13.90 per subscriber per month, plus franchise fee, was a reasonable CPS tier price for the
period from October 15, 1993 to May 14, 1994 for CUID Nos. SC0023 and SC0025; and
for the period from November 22, 1993 to May 14, 1994 for CUID No. SC0037.

     8.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaints referenced herein against the cable
programming service price charged by Cox Cable South Carolina, Inc. of North Myrtle
Beach, South Carolina in CUID Nos. SC0023, SC0025, and SC0037, 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 Cox Cable
South Carolina, Inc. of North Myrtle Beach, South Carolina for CUID Nos. SC0023,
SC0025, and SC0037, for the period from October 15, 1993 to May 14, 1994 for CUID
Nos. SC0023 and SC0025; and for the period from November 22, 1993 to May 14, 1994 for
CUID No. SC0037, justifies a maximum price of $13.90 per month (plus franchise fee) for
Cox Cable South Carolina, Inc.'s cable programming service tier.

                                                     FEDERAL COMMUNICATIONS COMMISSION




                                                     Meredith J. Jones
                                                     Chief, Cable Service Bureau                             
   
                                                          
                         


























                               Attachment A



CUID No.       Date First Complaint          Date Complaint Served
               Filed With FCC 


SC0023         10/15/93                 10/12/93
SC0025         10/15/93                 10/13/93
SC0037         11/22/93                 10/12/93