FOR FCC RECORD ONLY $//Kauai CableVision, L.P. (dba Kauai CableVision), Princeville-Hanalei and/$ $/Kalaheo, et al., MO&O, DA95-515/$ $/76.922 Rates for Cable Programming Service tier/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95-515 ) CUID Nos. HI0042 (Princeville-Hanalei), In the matter of ) HI0044 (Kekaha), HI0045 (Waimea), ) HI0046 (Hanapepe), HI0047 (Eleele), Kauai CableVision, L.P. ) HI0048 (Kalaheo), HI0049 (Lawai), ) HI0050 (Omao), HI0051 (Koloa), (dba Kauai CableVision of Hawaii) ) HI0052 (Wailua Homesteads), ) HI0053 (Anahola), HI0054 (Kilauea), ) HI0055 (Hanalei), HI0076 (Haena), Benchmark Filing To Support ) HI0077 (Wainiha), HI0094 (Kaumanaki), Cable Programming Service Price ) HI0095 (Makaweli), HI0098 (Barking ) Sands) MEMORANDUM OPINION AND ORDER Adopted: March 16, 1995 Released: March 20, 1995 By the Deputy Chief, Cable Services Bureau: Introduction 1. Here we consider complaints about the price Kauai CableVision, L.P. (dba Kauai CableVision of Hawaii) ("Kauai CableVision") was charging for its cable programming service ("CPS") tier in the communities referenced above. Kauai CableVision has chosen to attempt to justify its price through a benchmark showing on FCC Form 393. On March 13, 1995, Kauai CableVision submitted supplemental information in response to a letter from the Commission staff. This Order addresses the reasonableness of Kauai 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 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. Kauai CableVision asserts that its monthly CPS price is justified by its benchmark filing because this price is less than the maximum permitted charge. Upon review, we have found no apparent errors that would result in Kauai CableVision'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 complaints referenced herein against the cable programming service price charged by Kauai CableVision, L.P. in the communities referenced above, ARE DENIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Services Bureau