FOR FCC RECORD ONLY
$//Cox Cable Saginaw, Inc., Saginaw, MI, MO&O, DA95-220//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                       DA 95-220

In the Matter Of                   )
                              )
Cox Cable Saginaw, Inc.            )    CUID Nos. MI0145, MI0146, MI0148
Saginaw, Michigan                       )                   MI0229, MI0230, MI1166   
                                   )
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 Saginaw, Inc. ("Cox")
was charging for its cable programming service ("CPS") tier in its Saginaw, Michigan cable
system, CUID Nos. MI0145, MI0146, MI0148, MI0229, MI0230, and MI1166.  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 in the franchise areas addressed in
this Order were completed and served on Cox and received by the Commission on the dates
set forth in Appendix A.

     5.  Cox filed initial FCC Forms 393 on June 1, 1994 for all franchise areas in
response to the complaints addressed in this order.  In the case of Cox Cable Saginaw, Inc.'s
Buena Vista Charter Township franchise, CUID No. MI0229, an amended Form 393 was
filed with the Commission on June 22, 1994.

Discussion

     6.  Cox asserts that its monthly CPS price of $11.43 per subscriber is justified by its
benchmark filing because its price is equal to the maximum permitted charge as calculated in
it most recent filing, dated May 26, 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
$11.43 per subscriber per month, plus franchise fee, was a reasonable CPS tier price for the
period from the date the first complaint was received by the Commission for each franchise
area, as noted in Appendix A, 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 complaints referenced herein against the cable
programming service price charged by Cox Cable Saginaw, Inc. of Saginaw, Michigan in
CUID Nos. MI0145, MI0146, MI0148, MI0229, MI0230, and MI1166, 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
Saginaw, Inc. of Saginaw, Michigan, for CUID Nos. MI0145, MI0146, MI0148, MI0229,
MI0230, and MI1166, for the period from the date the first complaint was received by the
Commission for each franchise area, as noted in Appendix A, to May 14, 1994, justifies a
maximum price of $11.43 per month (plus franchise fee) for Cox Cable Saginaw, Inc.'s
cable programming service tier.

                                                     FEDERAL COMMUNICATIONS COMMISSION




                                                     Meredith J. Jones
                                                     Chief, Cable Service Bureau                             
   
                                                          




























                                Appendix A


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



MI0145              10/08/93                 10/02/93
MI0146              10/12/93                 09/29/93
MI0148              10/12/93                 10/06/93
MI0229              12/06/93                 10/05/93
MI0230              10/18/93                 10/14/93
MI1166              10/18/93                 10/12/93