FOR FCC RECORD ONLY
$//Suburban Cable TV Co., Inc, MO&O, DA 95-489//$
$/ 76.922 Rates for the basic service tier and cable programming services tier/$
$/benchmark cable rates/$

                                 Before the
                     Federal Communications Commission
                             Washington, D.C.
                                                                  DA 95-489

In the matter of:     )     
     )
Suburban Cable TV Co., Inc.            )      CUID Nos. PA1319, PA1700, PA1724, and                           
West Hempfield, Pennsylvania     )     PA2294
Spring City, Pennsylvania        )
Doylestown, Pennsylvania         )
Paradise, Pennsylvania)
     ) 
Benchmark Filing to Support      )
Cable Programming Service Prices )

                       Memorandum Opinion and Order

Adopted:  March 14, 1995               Released:  March 15, 1995

By the Deputy Chief, Cable Services Bureau:

Introduction

     1.    Here we consider complaints about the prices Suburban Cable TV Co., Inc.,
(Suburban) was charging for its cable programming service ("CPS") tier in West Hempfield,
Pennsylvania, CUID No. PA1319; in Spring City, Pennsylvania, CUID No. 1700; in
Doylestown, Pennsylvania, CUID No. 1724; and in Paradise, Pennsylvania, CUID No. 2294.  
Suburban  has chosen to attempt to justify its price through a benchmark showing by filing 
FCC Form 393s for these communities.  This order addresses the reasonableness of 
Suburban's CPS tier prices for these communities 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
("1992 Cable Act"), 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 rates 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 valid CPS complaints in the franchise areas addressed in this Order
was completed and served on Suburban in the West Hempfield community on October 18,
1993; in the Spring City community on October 26, 1993; in the Doylestown community on 
February 22, 1994; and in the Paradise community on October 15, 1993.  Suburban initially
attempted to justify its CPS prices in West Hempfield, Spring City, Doylestown, and Paradise
through FCC Forms 393 filed, respectively, on November 15, 1993, on February 6, 1995, on
March 21, 1994, and on February 6, 1995.  On February 6, 1995 Suburban filed revised
Forms 393 in response to a Cable Services Bureau Notice offering operators the opportunity
to make optional supplemental filings. 

Discussion

     5.   Suburban asserts that its monthly CPS prices in each of the communities under
consideration in this order are justified by its benchmark filings because the prices are less
than the maximum permitted charge in each community.  Upon review, we have found no
apparent errors that would require a recalculation of  Suburban's maximum permitted CPS
prices.

     6.    Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission's Rules, 47 C.F.R.  0.321, that the complaints referenced herein against the
cable programming service price charged by Suburban Cable TV Co., Inc., in West
Hempfield, Pennsylvania, CUID No. PA1319, in Spring City, Pennsylvania, CUID No. 1700,
in Doylestown, Pennsylvania, CUID No. PA1724, and in Paradise, Pennsylvania, CUID No.
PA2294 ARE DENIED TO THE EXTENT INDICATED HEREIN.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau