FOR FCC RECORD ONLY $//Vision Cable of Pinnellas, Clearwater, Florida MO&O, DA 95-300//$ $76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-300 In the matter of ) ) Vision Cable of Pinellas ) CUID No. FL0492 (Clearwater, FL) Clearwater, Florida ) FL0493 (Belleair, FL) ) FL0538 (Pinellas County, FL) ) FL0580 (St. Petersburg, FL) ) FL0650 (Pinellas Park, FL) ) FL0766 (Seminole, FL) ) 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 complaints about the price Vision Cable of Pinellas ("Vision Cable") was charging for its cable programming service ("CPS") tier in Florida for CUID Nos. FL0492, FL0493, FL0538, FL0580, FL0650, and FL0766. 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. The first valid CPS complaints for the franchise areas addressed in this Order were completed and served on Vision Cable and received by the Commission on the dates set forth in Appendix A. 5. Vision Cable attempted to justify its CPS price through an initial FCC Form 393 filed on November 15, 1993 for Clearwater, Florida (CUID No. FL0492). Vision Cable also made identical benchmark filings for the Belleair, Florida (CUID No. FL0493) on January 14, 1994; Pinellas County, Florida (CUID No. FL0538) on January 14, 1994 and March 21, 1994; Kenneth City, Florida (CUID No. FL0580) on November 15, 1993; Pinellas Park County, Florida (CUID No. FL0650) on November 15, 1993, January 14, 1994, March 21, 1994, and April 1, 1994; and Seminole, Florida (CUID No. FL0766) on January 14, 1994. Vision Cable amended its justification on June 21, 1994 for each of the franchise areas 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 $10.81 per subscriber is justified by its benchmark filing because its price is equal to the maximum permitted charge of $10.81 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 prices. Conclusions 7. Upon review of the record herein, we conclude that Vison Cable's showing supports a maximum reasonable CPS tier price of $10.81 per month (plus franchise fee) for the period from the filing of the earliest complaint in each franchise area (as set forth in Appendix A) 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 complaints referenced in Appendix A against the cable programming service price charged by Vision Cable of Pinellas in Clearwater, Florida (CUID No. FL0492); Belleair, Florida (CUID FL0493); Pinellas County, Florida (CUID No. FL0538); Kenneth City, Florida (CUID No. FL0580); Pinellas Park, Florida (CUID No. FL0650); and Seminole, Florida (CUID No. FL0766), and all other complaints in these franchise areas relating to the same price, ARE DENIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED that the benchmark filing submitted by Vision Cable of Pinellas with respect to Clearwater, Florida (CUID No. FL0492); Belleair, Florida (CUID FL0493); Pinellas County, Florida (CUID No. FL0538); Kenneth City, Florida (CUID No. FL0580); Pinellas Park, Florida (CUID No. FL0650); and Seminole, Florida (CUID No. FL0766) for the period from the filing of the earliest complaint in each franchise area (as shown on Appendix A) to May 14, 1994, justifies a maximum price of $10.81 per month (plus franchise fee) for Vision Cable of Pinellas's Cable Programming Service Tier. FEDERAL COMMUNICATIONS COMMISSION Gregorgy J. Vogt Deputy Chief, Cable Services Bureau Appendix A CUID No. Date First Complaint Date Complaint Filed with FCC Served FL0492 10/08/93 10/05/93 FL0493 12/21/93 12/20/93 FL0538 12/21/93 12/20/93 FL0580 10/14/93 10/07/93 FL0650 11/22/93 11/08/93 FL0766 12/22/93 12/21/93