FOR FCC RECORD ONLY $//Colony Communications, Inc., MO&O, DA 95-280//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-280 In the Matter of ) ) Colony Communications, Inc. ) CUID Nos. MA0082, MA0147, ) WI0510, CA1288, CA1011, ) MA0099, NY0049, CA0057, Benchmark Filings To Support ) CA0058, CA0740 Cable Programming Service Prices ) Memorandum Opinion and Order Adopted: February 21, 1995 Released: February 23, 1995 By the Deputy Chief, Cable Services Bureau: Introduction 1. Here we consider complaints about the prices Colony Communications, Inc., through its subsidiary companies as shown on Appendix A (collectively "Colony"), was charging for its cable programming service ("CPS") tier in the communities designated by the CUID numbers referenced above and on Appendix A. Colony has attempted to justify its reasonableness of Colony's prices only through May 14, 1994. At a later time we will issue prices through benchmark showings on FCC Form 393. This Order addresses the a separate order addressing the reasonableness of the prices 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 in each of the franchise areas addressed herein was completed and served on Colony and filed with the Commission on the dates set forth on Appendix A. 5. Colony attempted to justify its CPS prices through FCC Forms 393 filed and amended on the dates set forth on Appendix B. On Jaunuary 25, 1995, Colony made additional filings in response to a Cable Services Bureau Public Notice offering operators the opportunity to make optional supplemental filings. Discussion 6. Colony asserts that its monthly CPS tier prices per subscriber as shown on Appendix C are justified by its benchmark filings because its prices are equal to or below the maximum permitted charges calculated in those filings. Upon review of Colony's Forms 393, we have found no apparent errors that would result in Colony's CPS tier prices exceeding its maximum permitted prices. Conclusions 7. Upon review of the record herein, we conclude that Colony's showing supports as reasonable its CPS tier prices as shown on Appendix C (plus franchise fee) for the period from the filing of the earliest complaint in each franchise area (as shown on 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 on Appendix A against the cable programming service prices charged by Colony Communications, Inc. through its subsidiary companies in the franchise areas identified on Appendix A, and all other complaints in these franchise areas relating to the same prices, ARE DENIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED that the benchmark filings submitted by Colony Communications, Inc. and its subsidiary companies with respect to the franchise areas set forth on Appendix A for the period from the filing of the earliest complaint in each franchise area (as shown on Appendix A) to May 14, 1994, justify the prices shown on Appendix C (plus franchise fee) for Colony Communications, Inc.'s cable programming service tier. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Services Bureau Appendix A CUID No. Date First Complaint Date Complaint & Subsidiary Filed With FCC Served Lowell Cable TV 1/13/9412/31/93 MA0082 Lowell Lowell Cable TV 11/26/93 11/22/93 MA0147 Chelmsford King Videocable 10/29/93 10/24/93 WI0510 River Falls King Videocable 1/11/941/7/94 CA1288 Murietta Colony Cable- 2/23/942/23/94 vision CA1011 Lakewood Colony Cable- 12/30/93 12/26/93 vision MA0099 Fall River King Videocable 1/3/94 12/28/93 NY0049 Woodbury Palmer Cable- 9/7/93 9/4/93 vision CA0057 Indian Wells Colony Cable- 2/23/942/23/94 vision CA0058 Palm Desert Colony Cable- 1/21/941/14/94 vison CA0740 Rancho Mirage Appendix B CUID No. Date First FormDate of Amended 393 Filed with FCC Filing MA0082 2/4/94 6/28/94 MA0147 12/23/93 6/29/94 WI0510 11/29/93 6/30/94 CA1288 1/27/94 6/30/94 CA1011 3/29/94 6/24/94 MA0099 2/4/94 6/30/94 NY0049 1/26/94 6/23/94 CA0057 11/16/93 6/27/94 CA0058 3/17/94 6/27/94 CA0740 3/28/94 6/27/94 Appendix C CUID No. CPS Tier Price MA0082 $9.15 MA0147 $6.85 WI0510 $11.18 CA1288 $7.73 CA1011 $8.64 MA0099 $9.02 NY0049 $9.27 CA0057 $11.86 CA0058 $11.86 CA0740 $11.86