WPCp 2BJ Z Courier3|xw RomanCG Times@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\_)^X@2 6F v3|xCourierTimes New RomanHPLAS4SI.PRSx  @\:WX@a8DocumentgDocument Style StyleXX` `  ` 2=pRkk-a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2votY a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2  o  a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h 22   Y 2 a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2d 4Ba1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2"o1a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 2 3oea8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:><q*"xxxxWWxxxWWkkxxx=``=``v<``&<``<``^9``9 X-#Xj\  P6G;XP#FOR FCC RECORD ONLY $//Meredith Cable Television of Ramsey/Washington, Oakdale, MN, MO&O, DA95218//$ $/76.922 Rates for Cable Programming Service tier/$ $/benchmark cable rates/$  a<#Xw PE37XP##x6X@`72X@#- #G6X@`7g@# #G6X@`7g@# #_ pi7"##Before the l Federal Communications Commission LWashington, D.C. DA 95218  Y -#Xw PE37XP#In the Matter Of  hh@)  Y -x` `  hh@)hCUID Nos. MN0313, MN0314, MN0315  Y -Meredith Cable Television ofhh@)hpp MN0316, MN0317, MN0318(#(#X  Y -Ramsey/Washington hh@)hpp MN0319, MN0320, MN0321  Ym-("Ramsey/Washington Suburban")hh )hpp MN0322, MN0323, MN0324  YV-Oakdale, Minnesota hh@) and MN0335 x` `  hh@)  Y(-Benchmark Filing To Supporthh@)  Y-Cable Programming Service Pricehh@)  Y- Memorandum Opinion and Order ă  Y-Adopted: February 10, 1995hh@hReleased: February 14, 1995 By the Chief, Cable Services Bureau:  XZ- Introduction  Y,-x 1. Here we consider complaints about the price Meredith Cable Television of Ramsey/Washington ("Meredith") was charging for its cable programming service ("CPS") tier in its Ramsey/Washington Suburban cable system headquartered in Oakdale, Minnesota, CUID Nos. MN0313, MN0314, MN0315, MN0316, MN0317, MN0318, MN0319,  Y-MN0320, MN0321, MN0322, MN0323, MN0324 and MN0335.5N YI!<ԍ#Xw PE37XP#According to Meredith, CUID numbers MN0313, MN0314, MN0315, MN0316,  Y2"-MN0317, MN0318, MN0319, MN0320, MN0321, MN0322, MN0323, #Xw PE37XP#MN0324, and MN0335 together constitute a single cable system and have the same programming and rates. Meredith filed a separate Form 393 for CUID MN0335, but it has the same programming  Y$-and rates as the other areas covered by this Order.#x6X@`72X@#5 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 prices only through May 14, 1994. At a later" 0*0*0*!"  Y-time we will issue a separate order addressing the reasonableness of the price after that date.UPN Yy<ԍ#Xw PE37XP# The findings in this Order do not in any way prejudge the reasonableness of the price for CPS service after May 14, 1994 under our new rate regulations. However, to the  YK-extent Meredith has sought to take advantage of the refund deferral period under the Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed  Y-Rulemaking, MM Docket No. 92266, FCC 9438, 9 FCC Rcd 4119 ("Second Order on  Y -Reconsideration"), the maximum permitted CPS price determined herein might also apply from May 15, 1994 until the date on which Meredith implemented its CPS price under the  Y-new regulations. See para. 3, infra.#x6X@`72X@#U  Y-ԙx2. Under the Cable Television Consumer Protection and Competition Act of 1992,ON Y<ԍ#Xw PE37}XP#Pub. L. No. 102385, 106 Stat. 1460 (1992) ("1992 Cable Act"); Communications  Y-Act,  623(c), as amended, 47 U.S.C.  543(c) (1993).#x6X@`7X@# 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  Y-of its CPS prices.N Y@ <ԍ#Xw PE37}XP#47 C.F.R.  76.956.#x6X@`7X@#ь Under our rules, an operator may attempt to justify its prices through  Y-either a benchmark showing or a costofservice showing.N Y<ԍ#Xw PE37}XP#47 C.F.R.  76.956(b)#x6X@`7X@#. In either case, the operator has  Yv-the burden of demonstrating that its CPS prices are not unreasonable.vM N Wt<ԍ#Xw PE37}XP#Id.#x6X@`7X@#  YH-x3. The Commission's original rate regulations took effect on September 1, 1993.aH N Y<ԍ#Xw PE37}XP#Order in MM Docket No. 92266, Implementation of Sections of the Cable Consumer  Y-Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042  Y-(Aug. 2, 1993).#x6X@`7X@#a  Y1-The Commission subsequently revised its rate regulations effective May 15, 1994.1N Yg<ԍ#Xw PE37}XP#See Second Order on Reconsideration at 4119; 47 C.F.R.  76.922(b)#x6X@`7X@#. 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  Y -prices were in compliance with the revised rules from May 15, 1994 forward. 8N Y<ԍ#Xw PE37}XP#See Second Order on Reconsideration at 4190, paras. 150152.#x6X@`7X@#Ѹ Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark  Y -showing must complete and file FCC Form 393. N WC"<ԍ#Xw PE37}XP#Id.#x6X@`7X@# Generally, to justify their prices for the period beginning May 15, 1994 through a benchmark showing, operators must use the FCC  Yy-Form 1200 series. yN Y%<ԍ#Xw PE37}XP#47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration at 4189 n.195.#x6X@`7X@#  X4- Procedural Matters "4O 0*0*0*G"Ԍx4. According to Meredith's letter to the Commission dated March 22, 1994, a single, complete and timely CPS complaint was served on Meredith "on or about" February 23,  Y-1994 for all of the franchise areas covered by this Order except MN0335. A complete and  Y-timely Form 329 was served on Meredith for CUID No. MN0335 on October 1, 1993. x4 Y6<ԍ#Xw PE37}XP#The complaint was dated October 1, 1993, and states that it was mailed to Meredith on that date. With respect to this complaint filed for CUID No. MN0335, Meredith has not complied with 47 C.F.R.  76.956(a), which requires it to state when service occurred.  Y-Under these circumstances, we will consider October 1, 1993 as the service date.#x6X@`7X@# x5. Meredith filed Forms 393 for its Ramsey/Washington Suburban cable system located in Oakdale, Minnesota, for CUID Nos. MN0313, MN0314, MN0315, MN0316, MN0317, MN0318, MN0319, MN0320, MN0321, MN0322, MN0323, and MN0324 on March 24, 1994. Meredith filed a Form 393 for CUID No. MN0335 on November 16, 1993.  X - Discussion x6. Meredith asserts that its monthly CPS price of $13.24 per subscriber is justified by its benchmark filing because its price is less than the maximum permitted charge of  Y -$13.29 as calculated in it most recent filing. Upon review, we have found no apparent errors that would require a recalculation of Meredith's maximum permitted CPS price.  Xd- Conclusions x7. Upon review of the record herein, we conclude that Meredith has demonstrated that $13.24 per subscriber per month, plus franchise fee, was a reasonable CPS tier price for the period from October 1, 1993 to May 14, 1994 for CUID No. MN0335, and for the period from February 23, 1994 to May 14, 1994 for all of the other franchise areas covered  Y-by this Order.Y 4x4 Y<ԍ#Xw PE37}XP#This finding is based solely on the representations of Cox listed in paragraph 5,  Y-supra. Should information come to our attention that these representations were materially inaccurate, we reserve the right to take appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation or argument  Ye -made by any party to this proceeding not specifically addressed herein.#x6X@`7X@#Y x8. Accordingly, IT IS ORDERED, pursuant to Section .0321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaints referenced herein against the cable programming service price charged by Meredith Cable Television of Ramsey/Washington, on its Suburban cable system headquartered in Oakdale, Minnesota, CUID Nos. MN0313, MN0314, MN0315, MN0316, MN0317, MN0318, MN0319, MN0320, MN0321, MN0322, MN0323, MN0324 and MN0335, and all other complaints relating to the same price, ARE"; 0*((." DENIED TO THE EXTENT INDICATED HEREIN. x9. IT IS FURTHER ORDERED, that the benchmark filing submitted by Meredith Cable Television of Ramsey/Washington for its Ramsey/Washington Suburban cable system  Y-justifies a maximum price of $13.24 per month (plus franchise fee) for Meredith Cable Television of Ramsey/Washington's cable programming service tier for the period February 23, 1994 to May 14, 1994 in CUID Nos. MN0313, MN0314, MN0315, MN0316, MN0317, MN0318, MN0319, MN0320, MN0321, MN0322, MN0323 and MN0324, and for the period October 1, 1993 to May 14, 1994 in CUID No. MN0335. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Service Bureau x` `  hh@