FOR FCC RECORD ONLY $//Columbia Cable of Michigan, Ann Arbor and Brighton, MI, MO&O, DA 95-409 $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the Federal Communications Commission Washington, D.C. DA 95-409 In the Matter of ) ) Columbia Cable of Michigan ) CUID Nos. MI0141, MI0207, MI0355, ) MI0421 Ann Arbor and Brighton, Michigan ) Systems ) ) Benchmark Filings To Support ) Cable Programming Service Prices ) Memorandum Opinion and Order Adopted: March 2, 1995 Released: March 3, 1995 By the Deputy Chief, Cable Services Bureau: Introduction 1. Here we consider complaints about the prices Columbia Associates d/b/a Columbia Cable of Michigan ("Columbia") was charging for its cable programming service ("CPS") tier in the communities designated by the CUID numbers referenced above served by its Ann Arbor and Brighton, Michigan, systems. Columbia has attempted to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of Columbia'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 Columbia and filed with the Commission as set forth in Appendix A. 5. Columbia attempted to justify its CPS prices through FCC Forms 393 filed on November 15, 1993 for CUID No. MI0421, Superior Township, Michigan; November 24, 1993 for CUID No. MI0141, South Lyon, Michigan, and CUID No. MI0355, Brighton Township, Michigan; and on December 13, 1993 for MI0207, Brighton, Michigan. Columbia filed subsequent amendments on March 9, 1994, for CUID No. MI0207, and on March 21, 1994, for CUID No. MI0421. Columbia further amended its justifications for all areas on February 23, 1995, in response to a Commission letter which requested further clarification of Columbia's showing. 6. As part of its initial filings in CUID Nos. MI0207 and MI0421, and as part of its amended filing in CUID No. MI0207, Columbia filed motions to dismiss complaints in those franchise areas. Two of these motions address complaints that were returned by the Commission pursuant to 47 C.F.R.  76.954, and the motions to dismiss were effectively granted through our earlier dismissal actions. The third motion disputes the validity of a complaint in CUID No. MI0207 that was received after the filing date of the first valid complaint listed in Appendix A. Because we have accepted the earlier complaint as properly filed, we find it unnecessary to rule on Columbia's objection to the later filed complaint. Discussion 7. Columbia asserts that its monthly CPS tier prices of $11.36 per subscriber in CUID No. MI0421 and $11.46 per subscriber in CUID Nos. MI0141, MI0207, and MI0355 are justified by its benchmark filings because its prices are equal to the maximum permitted charges as calculated in the filings. Upon review of Columbia's Forms 393, we have found no apparent errors that would require a recalculation of Columbia's maximum permitted CPS prices. Conclusions 8. Upon review of the record herein, we conclude that Columbia has demonstrated that $11.36 (plus franchise fee) in CUID No. MI0421 and $11.46 (plus franchise fee) in CUID Nos. MI0141, MI0207, and MI0355 were 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. 9. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaints referred to in Appendix A against the cable programming service prices charged by Columbia Cable of Michigan in South Lyon, Michigan, CUID No. MI0141; Brighton, Michigan, CUID No. MI0207; Brighton Township, Michigan, CUID No. MI0355; and Superior Township Michigan, CUID No. MI0421, and all other complaints relating to the same prices, ARE DENIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED that the benchmark filings submitted by Columbia Cable of Michigan with respect to South Lyon, Michigan, CUID No. MI0141; Brighton, Michigan, CUID No. MI0207; and Brighton Township, Michigan, CUID No. MI0355, for the period from the filing of the earliest complaint in each franchise area (as shown on Appendix A) to May 14, 1994, justify a maximum price of $11.46 per month (plus franchise fee) for Columbia's cable programming service tier; and that the benchmark filing submitted by Columbia Cable of Michigan with respect to Superior Township, Michigan, CUID No. MI0421, for the period from December 21, 1993 to May 14, 1994, justifies a maximum price of $11.36 per month (plus franchise fee) for Columbia'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 0141 10/25/93 10/20/93 0207 12/10/93 12/7/93 0355 11/19/93 9/10/93 0421 12/21/93 12/17/93