FOR THE FCC RECORD ONLY
$//Letter, Christopher W. Savage, DA 95-359//$
$/76.901 Definition of small system/$
                     FEDERAL COMMUNICATIONS COMMISSION
                           WASHINGTON, DC 20554


                                                         IN REPLY REFER TO:

                             February 24, 1995                    DA 95-359
                                               Released:  February 24, 1995



Christopher W. Savage, Esq.
Counsel for United Video Cablevision, Inc.
Cole, Raywid & Braverman
1919 Pennsylvania Avenue, N.W.
Suite 200
Washington, D.C. 20006

Dear Mr. Savage:

This letter is in reference to your letter on behalf of United Video Cablevision, Inc. ("United
Video") dated February 16, 1995, with respect to a complaint filed November 26, 1993,
against the price United Video was charging for cable programming service in the Village of
Melrose, New Mexico, CUID No. NM0112.  In that letter, you state that United Video is
not required to justify its rates prior to May 15, 1994, because United Video's Melrose, New
Mexico system has only 246 subscribers.  Based on the information you have provided, it
appears that the Melrose system qualifies as a "small system" pursuant to 47 C.F.R. 
76.901(c), and was therefore exempt from rate regulation until May 15, 1994.

You further state that United Video did not timely respond to the rate complaint  because
United Video did not receive a copy of the complaint, and therefore it was not aware that a
rate complaint had been filed.  We note that the Village of Melrose indicated on FCC Form
329 that it served a copy of the complaint on United Video on October 12, 1993. 
Nonetheless, under the circumstances we will accept as timely United Video's filing in
response to this rate complaint no later than within 30 days of the date it received notice of
the complaint.

We will rule at a later date on United Video's justification under the Commission's revised
rate regulations of its cable programming service rates in Melrose beginning May 15, 1994. 
At that time, we will also consider United Video's argument that the complaint is deficient
on its face.
     

     Should you have any questions regarding this matter, please contact Peter G. Wolfe 
at (202) 739-0783.
                         
                         Sincerely,





                         Meredith J. Jones 
                         Chief, Cable Services Bureau

cc:  Village of Melrose