FOR FCC RECORD ONLY
$//Vision Cable of DuBois, DuBois, Pennsylvania, MO&O, DA 95-291//$
$76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$
                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                                         DA 95-291

In the matter of                             )
                                             )
Vision Cable of Dubois                    )   CUID No.   PA0042 (Dubois, PA)
Dubois, Pennsylvania                      )              
                                          )              
                                          )
Benchmark Filing To Support               )
Cable Programming Service Price           )



                       Memorandum Opinion and Order

Adopted:  February 21, 1995                              Released:  February 22, 1995

By the Deputy Chief, Cable Services Bureau:

Introduction

     1.  Here we consider a complaint about the price Vision Cable of Dubois  ("Vision
Cable") was charging for its Cable Programming Service ("CPS") Tier in Dubois,
Pennsylvania, for CUID No. PA0042.  Vision Cable has attempted to justify its price through
a benchmark showing on FCC Form 393.  This Order addresses the reasonableness of Vision
Cable'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.  A complete and timely CPS complaint for Dubois, Pennsylvania, CUID No.
PA0042, was completed and served on Vision Cable on January 6, 1994 and received by the
Commission on January 11, 1994.

   5.  In response to this complaint, Vision Cable attempted to justify its CPS price
through FCC Form 393 filed on January 31, 1994.  Vision Cable amended its justification on
June 21, 1994 in response to a Cable Services Bureau Order citing common deficiencies
observed in benchmark filings generally.

Discussion

   6.  Vision Cable asserts that its monthly CPS tier price of $10.01 per subscriber is
justified by its benchmark filing because its price is equal to the maximum permitted charge
of $10.01 as calculated in its most recent amended filing dated June 21, 1994.  Upon review
of Vision Cable's Form 393, we have found no apparent errors that would require a
recalculation of Vision Cable's maximum permitted CPS price.  

Conclusions

   7.  Upon review of the record herein, we conclude that Vision Cable's showing
supports a maximum reasonable CPS tier price of $10.01 per month (plus franchise fee) from 
January 11, 1994 through 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 complaint against the cable programming service price
charged by Vision Cable of Dubois in Dubois, Pennsylvania, CUID No. PA0042, IS DENIED
TO THE EXTENT INDICATED HEREIN.
   
   9.  IT IS FURTHER ORDERED that the benchmark filing submitted by Vision Cable
of Dubois for CUID No. PA0042  for the period from January 11, 1994 to May 14, 1994 
justifies a maximum price of $10.01 per month (plus franchise fee) for Vision Cable of
Dubois' Cable Programming Service Tier.

   FEDERAL COMMUNICATIONS COMMISSION




   Gregory J. Vogt
   Deputy Chief, Cable Services Bureau