FOR FCC RECORD ONLY $//New Channels Corporation, Oneonta, New York, MO&O, DA 95-327//$ $/ 76.922 Rates for the basic service tier and cable programming services tier/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-327 In the Matter of ) ) New Channels Corporation ) CUID Nos. NY0433, NY1144, NY1169, ) NY1170, NY1619, NY1624 ) NY0107, NY0110, NY0111, Benchmark Filing to Support ) NY0927, NY0916, NY0909, Cable Programming Service Price ) NY1531 ) ) AL014l, AL0143, AL0144, ) AL0145, AL0146, Al0174, ) AL0l99 ) ) AL0245, AL0019, AL0092, ) AL0048, AL0089, AL0090, ) AL0091 ) ) PA2303, PA2614, ) PA2681, PA2682 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 NewChannels Corporation ("NewChannels"), through its subsidiary companies as shown on Appendix A, was charging for its cable programming service ("CPS") tier in the communities designated by the CUID numbers referenced above and on Appendix A. NewChannels has attempted to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of NewChannels'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 addressed herein was completed and served on NewChannels and filed with the Commission on the dates as set forth in Appendix A. 5. NewChannels attempted to justify its CPS prices through Forms 393 filed and amended on the dates set forth on Appendix B. Discussion 6. NewChannels asserts that its monthly CPS tier prices per subscriber as shown on Appendix C are justified by its benchmark filings because its prices are equal to (or below) the maximum permitted charges calculated in NewChannels' Form 393 filings. Upon review of NewChannels Forms 393, we have found no apparent errors that result in NewChannels CPS tier prices exceeding its maximum permitted prices. Conclusions 7. Upon review of the record herein, we conclude that New Channels has demonstrated that its CPS tier prices as shown on Appendix C (plus franchise fee) were equal to or below the maximum reasonable CPS tier prices for the period from the filing of the earliest complaint in each franchise area (as shown on 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 referenced on Appendix A against the cable programming service prices charged by NewChannels Corporation (as shown on Appendix A), 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 filings submitted by NewChannels and its subsidiary companies with respect to the franchise areas set forth on 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 New Channels Corporation's cable programming service tier. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Services Bureau Appendix A CUID No. Date First Complaint Date Complaint Filed With FCC Served NY0433 1/4/94 12/30/93 Fulton NY1144 1/21/94 12/30/93 Fulton NY1169 12/27/93 12/22/93 Fulton NY1170 12/27/93 12/16/93 Fulton NY1619 1/18/94 12/23/93 Fulton NY1624 12/27/93 12/20/93 Fulton NY0107 1/31/94 1/19/94 Corning NY0110 1/31/94 1/17/94 Corning NY0111 1/31/94 1/19/94 Corning NY0909 1/27/94 1/17/94 Corning NY0916 1/18/94 1/13/94 Corning NY0927 1/31/94 1/17/94 Corning, NY NY1531 1/31/94 1/24/94 Corning, NY AL014l 1/5/94 12/27/93 Wetempka AL0143 1/3/94 12/30/93 Eclectic AL0144 1/3/94 12/27/93 Coosada AL0145 1/5/94 12/26/94 Tallassee AL0146 1/27/94 1/24/94 Elmore AL0174 1/3/94 12/30/93 Montgomery AL0l99 1/3/94 12/27/93 Millbrook AL0245 1/24/94 1/12/94 Anniston AL0019 1/24/94 1/14/94 Anniston AL0092 1/27/94 1/14/94 Anniston AL0093 1/24/94 1/14/94 Anniston AL0048 1/27/94 1/14/94 Anniston AL0089 1/24/94 1/14/94 Anniston AL0090 1/26/94 1/12/94 Anniston AL0091 1/24/94 1/19/94 Anniston PA2303 12/28/93 12/21/93 Susquehanna County PA2614 12/28/93 12/21/93 Susquehanna County PA2681 12/28/93 12/21/93 Susquehanna County PA2682 12/30/93 12/21/93 Susquehanna County Appendix B CUID No. Date 393 Filed Date of Amended With FCC 393 Filing NY0433 2/4/94 7/5/94 NY1144 2/4/94 7/5/94 NY1169 2/4/94 7/5/94 NY1170 2/4/94 7/5/94 NY1619 2/4/94 7/5/94 NY1624 2/4/94 7/5/94 NY0107 2/4/94 7/5/94 NY0110 2/4/94 7/5/94 NY0111 2/4/94 7/5/94 NY0909 2/4/94 7/5/94 NY0916 2/4/94 7/5/94 NY0927 2/4/94 7/5/94 NY1531 2/4/94 7/5/94 AL0141 2/10/94 7/5/94 AL0143 2/10/94 7/5/94 AL0144 12/27/93 7/5/94 AL0145 2/10/94 7/5/94 AL0146 2/10/94 7/5/94 AL0174 2/10/94 7/5/94 AL0199 2/10/94 7/5/94 AL0245 2/15/94 7/5/94 AL0019 2/14/94 7/5/94 AL0092 2/16/94 7/5/94 AL0093 2/14/94 7/5/94 AL0048 2/14/94 7/5/94 AL0089 2/14/94 7/5/94 AL0090 2/14/94 7/5/94 AL0091 2/14/94 7/5/94 PA2303 2/15/94 7/5/94 PA2614 2/14/94 7/5/94 PA2681 2/14/94 7/5/94 PA2682 2/14/94 7/5/94 Appendix C CUID NO. CPS Tier Price NY0433 $l5.02 NY1144 $15.02 NY1169 $15.02 NY1170 $15.02 NY1619 $15.02 NY1624 $15.02 NY0107 $12.50 NY0110 $12.50 NY0111 $12.50 NY0909 $12.50 NY0916 $12.50 NY0927 $12.50 NY1531 $12.50 AL0141 $13.86 AL0143 $13.86 AL0144 $13.86 AL0145 $13.86 AL0146 $13.86 AL0174 $13.48 AL0199 $13.48 AL0245 $13.48 AL0019 $13.48 AL0092 $13.48 AL0093 $13.48 AL0048 $13.48 AL0089 $13.48 AL0090 $13.48 AL0091 $13.48 PA2303 $11.76 PA2614 $11.76 PA2681 $11.76 PA2682 $11.76