FOR FCC RECORD ONLY $//Telecable, Inc., MO&O, DA 95-322//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95-322 In the Matter of ) ) Telecable, Inc. of: ) CUID Nos. AL0064, GA0063, IN0069 Lee County, Alabama ) KS0064, KS0092, KY0396 Columbus, Georgia ) TX0826, TX1255, TX1228 Kokomo, Indiana ) Overland Park, Kansas ) Radcliff, Kentucky ) Arlington, Texas and ) Plano/Richardson, Texas ) ) 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 Telecable of Lee County, Alabama, Inc., CUID No. AL0064; Telecable of Columbus, Georgia, Inc., CUID No. GA0063; Telecable of Kokomo, Indiana, Inc., CUID No. IN0069; Telecable of Overland Park, Kansas, Inc., CUID Nos. KS0064 and KS0092; Telecable of Radcliff, Kentucky, Inc., CUID No. KY0396; Telecable of Arlington, Texas Inc. CUID No. TX0826; and Telecable of Plano/Richardson, Texas, Inc., CUID Nos. TX1255 and TX1228 (collectively "Telecable") were charging for their cable programming service ("CPS") tiers. Telecable has chosen to attempt to justify its prices through benchmark showings on FCC Forms 393. This Order addresses the reasonableness of Telecable'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 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. Procedural Matters 4. The first complete and timely CPS complaints in the franchise areas addressed in this Order were completed and served on Telecable and received by the Commission on the dates set forth in Appendix A. 5. Telecable initially filed Forms 393 for the franchise areas addressed in this Order on the dates set forth in Appendix B. Telecable filed amended Forms 393 for all franchise areas covered by this Order on June 24, 1994 in response to a Cable Services Bureau Order citing common deficiencies observed in benchmark filings generally. Discussion 6. Telecable asserts that its monthly CPS prices for each franchise area covered by this Order are justified because they are equal to or less than the maximum permitted charges as calculated in each franchise area's most recent Form 393 filing. These assertions are set forth in Appendix C. Upon review, we have found no apparent errors that would require recalculations of Telecable's maximum permitted CPS prices for the franchise areas covered by this Order. Conclusions 7. Upon review of the record herein, we conclude that Telecable has demonstrated that its actual prices charged in each of the franchise areas covered by this Order, plus franchise fee, as set forth in Appendix C, were reasonable CPS tier prices for the period from the filing of the earliest complaint in each franchise area (as set forth in Appendix A) to 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 referred to in Appendix A against the cable programming service prices charged by Telecable of Lee County, Alabama, Inc., CUID No. AL0064; Telecable of Columbus, Georgia, Inc., CUID No. GA0063; Telecable of Kokomo, Indiana, Inc., CUID No. IN0069; Telecable of Overland Park, Kansas, Inc., CUID Nos. KS0064 and KS0092; Telecable of Radcliff, Kentucky, Inc., CUID No. KY0396; Telecable of Arlington, Texas, Inc. CUID No. TX0826; and Telecable of Plano/Richardson, Texas, Inc., CUID Nos. TX1255 and TX1228, 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 Telecable of Lee County, Alabama, Inc., CUID No. AL0064; Telecable of Columbus, Georgia, Inc., CUID No. GA0063; Telecable of Kokomo, Indiana, Inc., CUID No. IN0069; Telecable of Overland Park, Kansas, Inc., CUID Nos. KS0064 and KS0092; Telecable of Radcliff, Kentucky, Inc., CUID No. KY0396; Telecable of Arlington, Texas Inc. CUID No. TX0826; and Telecable of Plano/Richardson, Texas, Inc., CUID Nos. TX1255 and TX1228, justify the monthly prices for the cable programming service tier in each franchise area set forth in Appendix C (plus franchise fee) for the period beginning with the filing of the first complete and timely complaint in each franchise area (as set forth on Appendix A) and ending on May 14, 1994. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Service Bureau APPENDIX A CUID No. Date First Complaint Date Complaint Filed with FCC Served AL0064 01/25/94 01/19/94 GA0063 02/15/94 02/03/94 IN0069 02/10/94 02/07/94 KS0064 02/28/94 02/21/94 KS0092 03/01/94 02/25/94 KY0396 02/24/94 02/24/94 TX0826 10/28/93 10/22/93 TX1228 11/22/93 11/16/93 TX1255 10/12/93 10/05/93 APPENDIX B CUID No. Date First Form Date Amended Form 393 Filed 393 Filed AL0064 11/26/93 06/24/94 GA0063 12/10/93 06/24/94 IN0069 11/23/94 06/24/94 KS0064 11/15/93 06/24/94 KS0092 11/15/93 06/24/94 KY0396 03/24/94 06/24/94 TX0826 11/15/93 06/24/94 TX1228 11/15/93 06/24/94 TX1255 11/15/93 06/24/94 APPENDIX C CUID No. Actual Rates Maximum Reasonable Rates AL0064 $ 8.86 $ 8.88 GA0063 $ 7.53 $ 7.56 IN0069 $ 9.19 $ 9.20 KS0064 $ 6.48 $ 6.50 KS0092 $ 6.48 $ 6.50 KY0396 $ 6.51 $ 6.52 TX0826 $ 6.19 $ 6.19 TX1228 $11.37 $11.37 TX1255 $11.37 $11.37