FOR FCC RECORD ONLY
$//Colony Cablevision of Southeastern Massachusetts, Inc., New Bedford, MA, MO&O,
DA95-405//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C.

                                                                       DA 95-405

In the Matter of     )
              )       CUID No. MA0067      
Colony Cablevision of South- )                   
eastern Massachusetts, Inc.         )               
New Bedford, MA               )              
              )
Benchmark Filing to Support  )      
Cable Programming Service Price     )                     
                                         


              Memorandum Opinion and Order

Adopted:  March 2, 1995             Released:  March 3, 1995
       
By the Deputy Chief, Cable Services Bureau:


Introduction

       1.  Here we consider a complaint about the price Colony Cablevision of Southeastern
Massachusetts, Inc. ("Colony") was  charging for its cable programming service ("CPS") tier
in New Bedford, Massachusetts, CUID No. MA0067.  Colony has chosen to attempt to
justify its price through a benchmark showing on FCC Form 393.  This Order addresses the
reasonableness of Colony's price only through May 14, 1994.  At a later date we will issue a
separate order addressing the reasonableness of the price 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.  Colony asserts that its monthly CPS price is justified by its benchmark filing
because this price is less than or equal to the maximum permitted charge.  Upon review, we
have found no apparent errors that would result in Colony's CPS tier price exceeding the
maximum permitted price.

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaint referenced herein against the cable
programming service price charged by Colony Cablevision of Southeastern Massachusetts,
Inc. in New Bedford, Massachusetts, CUID No. MA0067, IS DENIED TO THE EXTENT
INDICATED HEREIN.



                                                     FEDERAL COMMUNICATIONS COMMISSION



                                                     Gregory J. Vogt  
                                                     Deputy Chief, Cable Service Bureau