FOR FCC RECORD ONLY
$//Kansas City Cable Partners of Grandview and Parkville,  MO, MO&O, DA-95-285 //$
$/76.922 Rates for Cable Programming Service tier /$
$/benchmark cable rates/$


                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                            DA 95-285

In the matter of                   )
                              )    
Kansas City Cable Partners dba          )
American Cablevision                    )    CUID Nos. MO0070 and MO0126
Kansas City, Missouri              )                   
                              )
Benchmark Filings To Support       )
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 price Kansas City Cable Partners dba
American Cablevision ("Cablevision") was charging for its cable programming service
("CPS") tier in Kansas City, Missouri, CUID Nos. MO0070 and MO0126.  Cablevision has
attempted to justify its price through a benchmark showing on FCC Form 393.  This Order
addresses the reasonableness of Cablevision'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 complaints were served on Cablevision on
February 24, 1994 for CUID No. MO0070 and on February 26, 1994 for CUID No.
MO0126.  The Commission received the complaints on February 28, 1994.

     5.  Cablevision attempted to justify its CPS price through FCC Forms 393 filed on
March 22, 1994.

Discussion

     6. Cablevision asserts that its monthly CPS tier price of $13.09 per subscriber is 
justified by its benchmark filing because its price is equal to the maximum permitted charge
of $13.09 as calculated in the filing.  Upon review of Cablevision's Form 393, we have
found no apparent errors that would result in Cablevision's CPS tier price exceeding its
maximum permitted price.


Conclusions

     7.  Upon review of the record herein, we conclude that Cablevision's showing
supports a CPS tier price of $13.09 per month (plus franchise fee) for the period of February
28, 1994 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 February 24, 1994 complaint for CUID MO0070 and the
February 26, 1994 complaint for CUID No. MO0126 against the cable programming service
price charged by Kansas City Cable Partners dba American Cablevision in Kansas City,
Missouri, ARE DENIED TO THE EXTENT INDICATED HEREIN.









     9.  IT IS FURTHER ORDERED that the benchmark filing submitted by Kansas City
Cable Partners dba American Cablevision with respect to CUID Nos. MO0070 and MO0126
for the period of February 28, 1994 to May 14, 1994, justify a price of $13.09 per month
(plus franchise fee) for American Cablevision's cable programming service tier.


                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau