FOR FCC RECORD ONLY
$//CVI, Liberty, New York, MO&O, DA-95-255//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                                           DA 95-255
In the matter of:                            )
                                             )
Cablevision Industries                       )              CUID No. FL0106
Cape Coral, Florida                          )
                                             )
Benchmark Filing To Support          )
Cable Programming Service Price              )


                       Memorandum Opinion and Order

Adopted:  February 16, 1995                  Released:  February 21, 1995

By the Deputy Chief, Cable Services Bureau:

Introduction

       1.      Here we consider complaints about the price Cablevision Industries ("CVI")
was charging for its cable programming service ("CPS") tier in Cape Coral, Florida, CUID
No. FL0106.  CVI has attempted to justify its price through a benchmark showing on FCC
Form 393.  This Order addresses the reasonableness of CVI'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 complete and timely CPS complaint was completed and served on
CVI on November 5, 1993.  The Commission received the complaint on November 9, 1993.

     5.   CVI attempted to justify its CPS price through an FCC Form 393 filed on June
27, 1994.



Discussion

     6.   CVI asserts that its monthly CPS tier price of $11.50 per subscriber is justified
by its benchmark filing because its price is less than the maximum permitted charge of $12.08
as calculated in its filing.  Upon review of  CVI's June 27, 1994 Form 393, we have found
no apparent errors that would result in CVI's CPS tier price exceeding its maximum permitted
price.

Conclusions

     7.   Upon review of the record herein, we conclude that Cablevision Industries'
showing supports a CPS tier price of $11.50 per month (plus franchise fee) for the period
November 9, 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 November 5, 1993 complaint against the cable
programming service price charged by Cablevision Industries in Cape Coral, Florida, CUID
No. FL0106, and all other complaints related to the same price, ARE DENIED TO THE
EXTENT INDICATED HEREIN.

     9.   IT IS FURTHER ORDERED that the benchmark filing submitted by
Cablevision Industries with respect to Cape Coral, Florida, CUID No. FL0106, for the period
of November 9, 1993 to May 14, 1994, justifies a maximum price of $11.50 per month (plus
franchise fee) for Cablevision Industries' cable programming service tier.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Bureau Chief
                         Cable Services Bureau