FOR FCC RECORD ONLY $//Cox Cable of Greater Hartford, Inc., MO&O, DA 95-323//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95-323 In the Matter of ) ) Cox Cable Greater Hartford, Inc. ) CT0031, CT0032, CT0033, CT0128 ) Cox Cable Quad Cities ) IA0030, IA0031, IL0105, IL0106 ) IL0107 ) Cox Cable Oklahoma City ) OK0187 ) 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: 1. Here we consider complaints about the prices Cox Cable Greater Hartford, Inc., Cox Cable Quad Cities, and Cox Cable Oklahoma City ("Cox Cable") was charging for its cable programming service ("CPS") tier in several locations as captioned above. Cox Cable has chosen to attempt to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of Cox Cable'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. 4. Cox Cable Oklahoma City, Cox Cable Quad Cities, and Cox Cable Greater Hartford, Inc. all assert that their monthly CPS prices are justified by their benchmark filings because these prices are less than the maximum permitted charges as calculated in their filings. Upon review, we have found no apparent errors that would result in Cox Cable's CPS tier prices exceeding its maximum permitted CPS prices. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaints referenced herein against the cable programming service prices charged by Cox Cable Greater Hartford, Inc., Cox Cable Quad Cities, and Cox Cable Oklahoma City ARE DENIED TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED that the benchmark filing submitted by Cox Cable Greater Hartford, Inc., CUID Nos. CT0031, CT0032, CT0033, and CT0128, for the period September 1, 1993 to May 14, 1994, justifies a price of $13.99 per month (plus franchise fee) for the cable programming service tier; that the benchmark filing submitted by Cox Cable Quad Cities for CUID Nos. IA0031, IA0030, IL0105, IL0106, and IL0107 for the period September 1, 1993 to May 14, 1994 justifies a price of $11.78 (plus franchise fee) for the cable programming service tier; and that the benchmark filing submitted by Cox Cable Oklahoma City for CUID No. OK0187 for the period September 1, 1993 to May 14, 1994 justifies a price of $13.59 (plus franchise fee) for the cable programming service tier. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Service Bureau