FOR FCC RECORD ONLY $//United Video Cablevision, Inc., Oakham and Pepperell, MA, MO&O, DA 95-352 $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-352 In the Matter of ) ) United Video Cablevision, Inc. ) CUID Nos. MA0281, MA0344 Oakham and Pepperell, Massachusetts ) ) Benchmark Filings To Support ) Cable Programming Service Prices ) Memorandum Opinion and Order Adopted: February 24, 1995 Released: February 24, 1995 By the Chief, Cable Services Bureau: Introduction 1. Here we consider complaints about the prices United Video Cablevision, Inc. ("United Video") was charging for its cable programming service ("CPS") tier in Pepperell, Massachusetts, CUID No. MA0281 and in Oakham, Massachusetts, CUID No. MA0344. United Video has chosen to attempt to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of United Video's prices only through May 14, 1994. At a later date 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 Oakham, Massachusetts, CUID No. MA0344, was completed and served on United Video and received by the Commission on February 2, 1994. The first complete and timely CPS complaint in Pepperell, Massachusetts, CUID No. MA0281, was completed and served on United Video on November 16, 1993 and received by the Commission on November 22, 1993. 5. United Video filed its first FCC Form 393 on March 1, 1994 for CUID No. MA0334 and on June 6, 1994 for CUID No. MA0281. United Video submitted additional information for both areas on February 7, 1995 in response to a Cable Services Bureau Public Notice offering operators the opportunity to make optional supplemental filings. 6. As part of its June 6, 1994 filing for CUID No. MA0281, United Video moved to dismiss the November 16, 1993 complaint. United Video argues that the complaint should be dismissed for a variety of reasons. These include that the complainant did not list the franchising authority's name and address, checked the wrong box in response to question 6 of FCC Form 329 (indicating that the complaint related to a rate change after September 1, 1993 rather than a rate in effect on September 1, 1993), included both the basic and CPS rates and programming in response to questions 8 and 9 of Form 329, and stated an allegedly incorrect signature date. United Video's assertions do not persuade us that the complaint is invalid or should be dismissed. In general, we will find valid any complaint that states a claim on which relief can be granted and provides adequate information to allow us to process the complaint, despite minor flaws or inaccuracies. We believe this approach best implements the mandate of the 1992 Cable Act. Because the complainant's response to question number 9 includes channels contained on the CPS tier and because the rates listed in answer number 8 and on the attached bill indicate that the complainant received the CPS tier, we find it reasonable to conclude that the complainant objected to the CPS tier rate in effect on September 1, 1993, and that he believed that rate was unreasonable. We therefore find the complaint dated November 16, 1993 valid and deny United Video's motion to dismiss the complaint. Discussion 7. United Video asserts that its monthly CPS tier price of $11.55 per subscriber in CUID No. MA0281 and its monthly CPS tier price of $11.35 per subscriber in CUID No. MA0344 are justified by its benchmark filings because its prices are below the maximum permitted charges as calculated in the filings. Upon review of United Video's Forms 393, we have found no apparent errors that would require a recalculation of United Video's maximum permitted CPS prices. Conclusions 8. Upon review of the record herein, we conclude that United Video has demonstrated that $11.55 (plus franchise fee) for CUID No. MA0281 and $11.35 (plus franchise fee) for CUID No. MA0344 were reasonable CPS tier prices for the period from the filing of the earliest complaint in each franchise area to May 14, 1994. 9. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the Motion of United Video Cablevision, Inc. to dismiss the November 16, 1993 complaint against its cable programming service price charged in Pepperell, Massachusetts, CUID No. MA0281, IS DENIED. 10. IT IS FURTHER ORDERED that the complaints referenced herein against the cable programming service prices charged by United Video Cablevision, Inc. in Pepperell, Massachusetts, CUID No. MA0281, and Oakham, Massachusetts, CUID No. MA0344, ARE DENIED TO THE EXTENT INDICATED HEREIN. 11. IT IS FURTHER ORDERED that the benchmark filings submitted by United Video Cablevision, Inc. with respect to Pepperell, Massachusetts, CUID No. MA0281, and Oakham, Massachusetts, CUID No. MA0344, for the period from the filing of the earliest complaint in each franchise area to May 14, 1994, justify a price of $11.55 per month (plus franchise fee) in CUID No. MA0281 and $11.35 per month (plus franchise fee) in CUID No. MA0344 for United Video Cablevision, Inc.'s cable programming service tier. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau