FOR FCC RECORD ONLY $//Bresnan Communications Company, MI, MO&O, DA 95-283//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-283 In the Matter of ) ) Bresnan Communications Company ) CUID Nos. MI0003, MI0006, MI0007, ) MI0022, MI0024, MI0026, MI0028, ) MI0061, MI0138, MI0139, MI0140, Benchmark Filings To Support ) MI0222, MI0292 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 Bresnan Communications Company ("Bresnan") was charging for its cable programming service ("CPS") tier in the communities designated by the CUID numbers referenced above and on Appendix A. Bresnan has attempted to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of Bresnan's prices only through May 14, 1994. At a later time we will issue 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 Bresnan and filed with the Commission on the dates set forth on Appendix A. 5. Bresnan attempted to justify its CPS prices through FCC Forms 393 filed on the dates set forth on Appendix B. On February 7, 1995, Bresnan made additional filings in response to a Cable Services Bureau Public Notice offering operators the opportunity to make optional supplemental filings. Discussion 6. Bresnan 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 Bresnan's Forms 393, we have found no apparent errors that would result in Bresnan's CPS tier prices exceeding the maximum permitted prices. Conclusions 7. Upon review of the record herein, we conclude that Bresnan'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 Bresnan Communications Company 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 Bresnan Communications Company 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 Bresnan Communications Company'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 & Area Filed With FCC Served MI0003 11/8/93 11/2/93 Ely MI0006 10/15/93 10/7/93 Marquette MI0007 10/5/93 10/4/93 Ishpeming MI0022 10/8/93 10/4/93 Bessemer MI0024 10/12/93 10/5/93 Escanaba Township MI0026 10/12/93 10/6/93 Ironwood Town MI0028 10/23/93 10/18/93 Ironwood City MI0061 10/18/93 10/12/93 Ontonagon MI0138 10/14/93 10/6/93 Gladstone City MI0139 11/4/93 11/2/93 Wells Township MI0140 12/12/93 10/7/93 Escanaba City MI0222 11/8/93 11/2/93 Negaunee Township MI0292 10/26/93 10/20/93 Chocolay Appendix B CUID No. Date First Form 393 Filed with FCC MI0003 11/29/93 MI0006 11/15/93 MI0007 11/15/93 MI0022 11/15/93 MI0024 11/29/93 MI0026 11/15/93 MI0028 11/15/93 MI0061 11/15/93 MI0138 11/15/93 MI0139 11/15/93 MI0140 11/15/93 MI0222 11/29/93 MI0292 11/15/93 Appendix C CUID No. CPS Tier Price MI0003 $10.47 MI0006 $10.39 MI0007 $10.25 MI0022 $12.26 MI0024 $12.08 MI0026 $12.17 MI0028 $12.32 MI0061 $10.34 MI0138 $12.02 MI0139 $12.14 MI0140 $12.04 MI0222 $10.71 MI0292 $10.45