FOR FCC RECORD ONLY
$//TCI Cablevision of Maryland, Inc., MO&O, DA95-317//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C.
                                                                DA 95-317


In the Matter of:     )
     )
TCI Cablevision of Maryland, Inc.)     CUID No. MD0062
Cecil County, Maryland)
     )
Benchmark Filing 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:

     1.    Here we consider a complaint about the price TCI Cablevision of Maryland,
Inc. ("TCI") was charging for its cable programming service ("CPS") tier in Cecil County,
Maryland, CUID No. MD0062.  TCI has chosen to attempt to justify its price through a
benchmark showing on FCC Form 393.  This Order addresses the reasonableness of TCI'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 complete and timely complaint.  The filing of a
complete and timely 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 complete and timely 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.

     4.   TCI asserts that its CPS tier price of $8.77 per month is justified by its
benchmark filing because its price is equal to the maximum permitted charge of $8.77, as TCI
calculated in its amended FCC Form 393 filed May 17, 1994.  Upon review, we have found
no apparent errors that would require a recalculation of TCI's maximum permitted CPS
price.

     5.     Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission's Rules, 47 C.F.R.  0.321, that the complaint referenced herein against the cable
programming service price charged by TCI Cablevision of Maryland, Inc. in Cecil County,
Maryland, CUID No. MD0062, IS DENIED TO THE EXTENT INDICATED HEREIN.

                                                 FEDERAL COMMUNICATIONS COMMISSION 





                                                     Gregory J. Vogt  
                                                     Deputy Chief, Cable Service Bureau