FOR FCC RECORD ONLY $//MetroVision, Inc., MO&O, DA 95-356//$ $76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-356 In the matter of ) ) MetroVision, Inc. ) CUID Nos. MD0163, MD0184 ) ) MI0795 ) 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 MetroVision, Inc. ("MetroVision"), through its subsidiary companies as shown on Appendix A, was charging for its Cable Program Service ("CPS") Tier in the communities designated by the CUID numbers referenced above and on Appendix A. MetroVision has attempted to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of MetroVision'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 was completed and served on MetroVision and filed with the Commission as set forth in Appendix A. 5. MetroVision attempted to justify its CPS prices through Forms 393 filed and amended on the dates set forth on Appendix B. Discussion 6. MetroVision asserts that its monthly CPS tier prices per subscriber are justified by its benchmark filings because its prices are equal to or below the maximum permitted charges as calculated in its filings. Upon review of MetroVision's Forms 393, we have found no apparent errors that would require a recalculation of MetroVision's maximum permitted CPS prices. Conclusions 7. Upon review of the record herein, we conclude that MetroVision has demonstrated that its CPS tier prices (plus franchise fee) as shown on Appendix C were equal to or below the maximum permitted prices for the CPS tier 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 MetroVision, Inc. and its subsidiary companies, and all other complaints in these franchise areas relating to the same prices, ARE DENIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED that the benchmark filings submitted by MetroVision, Inc. and its subsidiary companies (as shown on Appendix B) with respect to the franchise areas referenced 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 MetroVision's Cable Programming Service Tier. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau Appendix A First Valid 329s Fil ed with the FCC MetroVision of Prince George's County, Maryland - system 004448 CUID No. Date First Complaint Date Complaint Filed with FCC Served MD0163 09-28-93 09-27-93 MD0184 11-01-93 10-28-93 MetroVision of Michigan - system 10680 CUID No. Date First Complaint Date Complaint Filed with FCC Served MI0795 12-13-93 09-02-93 Appendix B Initial and Amended Form 393 Filings MetroVision of Prince George's County, Maryland - system 004448 CUID Initial Form 393 Filing Amended Form 393 Filing(s) MD0163 01-18-94 6-23-94 MD0184 12-12-93 6-23-94 MetroVision of Michigan - system 10680 CUID Initial Form 393 Filing Amended Form 393 Filing(s) MI0795 01-25-94 6-23-94 Appendix C Maximum Permitted Rates MetroVision of Prince George's County, Maryland - system 004448 CUID No. Cable Service MD0163 $10.99 MD0184 $10.99 MetroVision of Michigan - system 10680 CUID No. Cable Service MI0795 $11.80