FOR FCC RECORD ONLY $//Cox Cable Spokane, Inc. Spokane, WA MO&O, DA95-217//$ $/76.922 Rates for Cable Programming Service tier/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-217 In the Matter Of ) ) Cox Cable Spokane, Inc. ) CUID Nos. WA0162 and WA0231 Spokane, Washington ) ) 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 Spokane, Inc. ("Cox") was charging for its cable programming service ("CPS") tier in its Spokane, Washington cable system, CUID Nos. WA0162 and WA0231. 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 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 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 complaint for CUID No. WA0162 was served on Cox on December 21, 1993. It was received by the Commission on December 27, 1993. The first complete and timely CPS complaint for CUID No. WA0231 was served on Cox on September 29, 1993. It was received by the Commission on October 12, 1993. 5. Cox filed its first Form 393 filings for its Cox Cable Spokane, Inc. system, CUID Nos. WA0162 and WA0231, on November 12, 1993. While separate Forms 393 were filed for each CUID, there is no substantive difference between them. Cox filed revised Forms 393 on June 27, 1994, which Cox states reflect additional information required as a result of the Commission's Order of May 23, 1994. Discussion 6. Cox asserts that its monthly CPS price of $16.23 per subscriber is justified by its benchmark filing because its price is less than the maximum permitted charge of $16.31 as calculated in it most recent filing, dated June 22, 1994. 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 $16.23 per subscriber per month, plus franchise fee, was a reasonable CPS tier price for the period December 27, 1993 to May 14, 1994 in the case of CUID No. WA0162, and for the period October 12, 1993 to May 14, 1994 in the case of CUID No. WA0231. 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 Spokane, Inc. of Spokane, Washington in CUID Nos. WA0162 and WA0231, 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 Spokane, Inc. of Spokane, Washington for CUID No. WA0162, for the period December 27, 1993 to May 14, 1994, and CUID No. WA0231, for the period October 12, 1993 to May 14, 1994, justifies a maximum price of $16.31 per month (plus franchise fee) for Cox Cable of Spokane, Inc.'s cable programming service tier. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Service Bureau