FOR FCC RECORD ONLY $//Post-Newweek Cable, MO&O, DA 95-292//$ $76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-292 In the matter of ) ) Post-Newsweek Cable ) CUID No. AZ0022 ) ) IL0613, IL0614, IL1220, IL1243, ) IL1262 ) ) NM0007 ) ) OK0012 Benchmark Filings To Support ) Cable Programming Service Prices ) Memorandum Opinion and Order Adopted: February 21, 1995 Released: February 22, 1995 By the Deputy Chief, Cable Services Bureau: Introduction 1. Here we consider complaints about the prices Post-Newsweek Cable ("Post- Newsweek"), through its subsidiary companies as shown on Appendix A, was charging for its Cable Program Service ("CPS") Tier in the communities designated by the CUID numbers referenced above and on Appendix A. Post-Newsweek has attempted to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of Post-Newsweek'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 was completed and served on Post-Newsweek and filed with the Commission as set forth in Appendix A. 5. Post-Newsweek attempted to justify its CPS prices through Forms 393 filed on the dates set forth on Appendix B. Discussion 6. Post-Newsweek asserts that its monthly CPS tier prices per subscriber are justified by its benchmark filings because its actual prices (as shown on Appendix C) are equal to or below the maximum permitted charges as calculated in its filings. Upon review of Post- Newsweek's Forms 393, we have found no apparent errors that would require a recalculation of Post-Newsweek's maximum permitted CPS prices. Conclusions 7. Upon review of the record herein, we conclude that Post-Newsweek has demonstrated that its CPS tier prices as shown on Appendix C (plus franchise fee) were equal to or below the maximum permitted prices for the CPS tier for the period from the filing of the earliest complaint in each franchise area (as shown on Appendix A) to May 14, 1994. 8. IT IS ACCORDINGLY 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 Post-Newsweek Cable and its subsidiary companies, and all other complaints in the same 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 Post- Newsweek Cable and its subsidiary companies (as shown on Appendix B) with respect to the franchise areas referenced in 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 Post-Newsweek Cable's Cable Programming Service Tier. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Services Bureau Appendix A First Valid 329s F iled with the FCC Post-Newsweek of Arizona - system 006627 CUID No. Date First ComplaintDate Complaint Filed with FCC Served AZ0022 10-15-93 10-12-93 Post-Newsweek of Illinois - system 005882 CUID No. Date First Complaint Date Complaint Filed with FCC Served IL0613 10-14-93 10-08-93 IL0614 09-24-93 09-18-93 IL1220 12-22-93 12-09-93 IL1243 10-26-93 10-22-93 IL1262 11-03-93 10-01-93 Post-Newsweek of New Mexico - system 001959 CUID No. Date First ComplaintDate Complaint Filed with FCC Served NM0007 11-03-93 11-01-93 Post-Newsweek of Oklahoma - system 001920 CUID No. Date First ComplaintDate Complaint Filed with FCC Served OK0012 09-29-93 09-23-93 Appendix B Initial and Amended Form 393 Fili ngs Post-Newsweek of Arizona - system 006627 CUID No. Initial Form 393 Filing Amended Form 393 Filing(s) AZ0022 11-15-93 No amendment filed Post-Newsweek of Illinois - system 005882 CUID No. Initial Form 393 Filing Amended Form 393 Filing(s) IL0613 11-15-93 no amended 393 on file IL0641 11-15-93 no amended 393 on file IL1220 01-07-94 no amended 393 on file IL1243 11-19-93 no amended 393 on file IL1262 11-15-93 no amended 393 on file Post-Newsweek of New Mexico - system 001959 CUID No. Initial Form 393 Filing Amended Form 393 Filing(s) NM0007 11-15-93 no amended 393 on file Post-Newsweek of Oklahoma - system 001920 CUID No. Initial Form 393 Filing Amended Form 393 Filing(s) OK0012 11-15-93 no amended 393 on file Appendix C Maximum Permi tted Rates Post-Newsweek of Arizona - system 006627 CUID No. Cable Service AZ0022 $14.75 Post-Newsweek of Illinois - system 005882 CUID No. Cable Service IL0613 $13.86 IL0614 $13.86 IL1220 $13.86 IL1243 $13.86 IL1262 $13.86 Post-Newsweek of New Mexico - system 001959 CUID No. Cable Service NM0007 $14.50 Post-Newsweek of Oklahoma - system 001920 CUID No. Cable Service OK0012 $12.24