FOR FCC RECORD ONLY
$//V Cable, Inc., Westlake, OH, MO&O, DA 95-462//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                                           DA 9-462


In the Matter of     )
              )
V Cable, Inc. )          CUID No. OH0746   
              )
City of Westlake, Ohio              )
              )
Benchmark Filing To Support         )
Cable Programming Service Price     )      



                       Memorandum Opinion and Order

              Adopted:  March 10, 1995             Released:  March 13, 1995

By the Deputy Chief, Cable Services Bureau:


Introduction

       1.  Here we consider a complaint about the price V Cable, Inc. d/b/a Cablevision was
charging for its cable programming service ("CPS") tier in the City of Westlake, Ohio,
CUID No. OH0746.  Cablevision has attempted to justify its price through a benchmark
showing on FCC Form 393.  This Order addresses the reasonableness of Cablevision's price
only through May 14, 1994.  At a later time 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 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 complaint was completed and served on Cablevision and filed with the
Commission on February 25, 1994.

       5.  Cablevision attempted to justify its CPS price through an FCC Form 393 filed on
April 1, 1994.

Discussion

       6.  Cablevision asserts that its monthly CPS tier price of $13.38 per subscriber is
justified by its benchmark filing because its price is lower than the maximum permitted
charge as calculated in the filing.  Upon review of Cablevision's Form 393, we have found
no apparent errors that would require a recalculation of Cablevision's maximum permitted
CPS price.

Conclusions

       7.  Upon review of the record herein, we conclude that Cablevision has demonstrated
that $13.38 (plus franchise fee) was a reasonable CPS tier price in CUID No. OH0746 for
the period from February 25, 1994 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 complaint filed on February 25, 1994 against the cable
programming service price charged by V Cable, Inc. d/b/a Cablevision in the City of
Westlake, Ohio, CUID No. OH0746, IS DENIED TO THE EXTENT INDICATED
HEREIN.

          9.  IT IS FURTHER ORDERED that the benchmark filing submitted by V Cable,
Inc. d/b/a Cablevision for the City of Westlake, Ohio, CUID No. OH0746, for the period
from February 25, 1994 to May 14, 1994, justifies a price of $13.38 per month (plus
franchise fee) for V Cable, Inc. d/b/a Cablevision's cable programming service tier.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau