WPCz 2 BJ Courier#|ws BoldTimes New RomanE37XPCG Timeset 4_230_1HPLAS4.PRS 4x  @\_)^X@#|w2Wf < Z  v ",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`LHP LaserJet 4_230_1HPLAS4.PRS 4Xw PE37\_)^XP  ЂX` hp x (#%'0*,.8135@8:A.SSxSSJJSJS+SSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxIxSxIqIqIrSrS{dgIiSiSgIxSxSxSxSxS{S{S8.SSSS8Sz]SSuSg/g><q*"xxxxWWxxxWWkkxxx -ԍ#Xw PE37}XP# 47 C.F.R.  76.956(b).i In either case, the operator has the burden  X_-of demonstrating that its CPS prices are not unreasonable.Y_ Y-ԍ#Xw PE37}XP# Id.Y  X1-x3.` ` The Commission's original rate regulations took effect on September 1, 1993.61{ Y]-ԍ#Xw PE37}XP# Order, MM Docket No. 92266, Implementation of Sections of the Cable Television  YH-Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg.41042 (Aug. 2, 1993).6  X -The Commission subsequently revised its rate regulations effective May 15, 1994.{   Y-ԍ#Xw PE37}XP# 47 C.F.R.  76.922(b).{ 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  X -revised rules from May 15, 1994 forward.  Y"-ԍ#Xw PE37}XP# See Second Order on Reconsideration at 4190, paras. 150152. Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark showing must complete and file FCC  X-Form 393.Y f Y-ԍ#Xw PE37}XP# Id.Y Generally, to justify their prices for the period beginning May 15, 1994 through a  Xy-benchmark showing, operators must use the FCC Form 1200 series. y YC"-ԍ#Xw PE37}XP# 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration at 4189 n.195. "K 0*(("  X-nA  Procedural Matters  X-x4.` `  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  X-February 22, 1994;m a Y-ԍ We note that in addition to complaining about the rate charged for CPS, the complainant objecting to the CPS prices in the Doylestown community also objected to Suburban's prices for basic service, addressable converters, and nonaddressable converters. However, the local franchising authority, and not the Commission, has jurisdiction in the first instance to regulate rates for the basic tier and equipment used to receive the basic tier.  Y -See 47 U.S.C.  543(b). These complaints should therefore be directed to the local franchising authority.m 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  X -to make optional supplemental filings.   Y-ԍ Public Notice: Cable Services Bureau Announces Optional Procedures with Respect to  Y-Pending PreMay 15 Benchmark Cases, DA 941556 (Dec. 29,1994); see also Public Notice: Cable Services Bureau Announces Extension of Time to File Under Optional Procedures Plan  Y{-with Respect to Pending PreMay 15 Benchmark Cases, DA 9587 (Jan. 20, 1995).  X - Discussion   X -x5.` ` 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  Xb-prices.  - bc  Yv-ԍ #Xw PE37}XP#This finding is based solely on the representations of the operator. Should information come to our attention that these representations were materially inaccurate, we reserve the right to take appropriate action. This Order is not to be construed as a finding that we have accepted as correct any specific entry, explanation or argument made by any  Y"-party to this proceeding not specifically addressed herein.#x6X@`7 X@#- "K 0*(( "  X-x6. ` ` 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. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGregory J. Vogt x` `  hhDeputy Chief, Cable Services Bureau "b 0*(("