FOR FCC RECORD ONLY
$//Time Warner Cable of Kansas City, Mossouri, MO&O, DA-95-289//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                            DA 95-289

In the matter of                   )
                              )    
Kansas City Cable Partners dba          )
American Cablevision                    )    CUID Nos. KS0045 and KS0078
Kansas City, Kansas                )    
                              )
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 prices Kansas City Cable Partners dba
American Cablevision ("Cablevision") was charging for its cable programming service
("CPS") tier in Kansas City, Kansas, CUID Nos. KS0045 and KS0078.  Cablevision has
attempted to justify its prices through benchmark showings on FCC Form 393.  This Order
addresses the reasonableness of Cablevision's prices 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 valid CPS complaints for both franchise areas were completed and
served on Cablevision on January 25, 1994.  The Commission received the complaints on
that same date.

     5.   Cablevision attempted to justify its CPS prices through FCC Forms 393 filed
on February 16, 1994.  Cablevision amended its justification for CUID Nos. KS0045 and
KS0078 on July 5, 1994, in response to a Cable Services Bureau Order citing common
deficiencies observed in benchmark filings generally. 

Discussion
     
     6.    Cablevision asserts that for CUID No. KS0045, its monthly CPS tier price of
$11.24 per subscriber is justified by its benchmark filing because it is equal to the maximum
permitted charge of $11.24 as calculated in the filing.   Cablevision further asserts that for
CUID No. KS0078, its monthly CPS tier price of $13.74 per suscriber is justified by its
benchmark filing because it is less than the maximum permitted charge of $13.76 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 $11.24 per month (plus franchise fee) for the period of January
25, 1994 to May 14, 1994 in CUID No. KS0045, and $13.74 per month (plus franchise fee)
for the period of January 25, 1994 to May 14, 1994 in CUID No. KS0078.

     8.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission's Rules, 47 C.F.R.  0.321, that the January 25, 1994 complaints against the
cable programming service prices charged by Kansas City Cable Partners dba American
Cablevision in Kansas City, Kansas, CUID Nos. KS0045 and KS0078, and all other
complaints relating to the same prices, ARE DENIED TO THE EXTENT INDICATED
HEREIN.


     9.   IT IS FURTHER ORDERED that the benchmark filings submitted by Kansas
City Cable Partners dba American Cablevision for the period of January 25, 1994 to May
14, 1994, justifies a price of $11.24 per month (plus franchise fee) for American
Cablevision's cable programming service tier in CUID No. KS0045 and $13.74 per month
(plus franchise fee) for American Cablevision's cable programming service tier in CUID No.
KS0078.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau