FOR FCC RECORD ONLY
$//Harron Communications Corp., Oriskany, NY, MO&O, DA 95-530//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                             DA 95-530


In the Matter of     )
              )       CUID No. NY0613
              )      
Harron Communications Corp.  )         
Oriskany, New York                  )      
                        )           
Benchmark Filing to Support  )      
Cable Programming Service Price     )                     
                                         


              Memorandum Opinion and Order

       Adopted:  March 17, 1995     Released:  March 20, 1995  

By the Deputy Chief, Cable Services Bureau:


Introduction

       1.  Here we consider a complaint about the price Harron Communications Corp.
("Harron") was  charging for cable programming service ("CPS") in Oriskany, New York,
CUID No. NY0613.  Harron has chosen to attempt to justify its price through a benchmark
showing on FCC Form 393. 
 
       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 a
cable operator's prices for its cable programming service ("CPS") tier 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.

     4.  The only complaint against Harron's CPS rate in Oriskany, New York, CUID No.
NY0613, was filed on March 17, 1994, and states that it was filed to object to a rate
increase for the CPS tier offered by Harron.  Under the Commission's rules, a complaint
regarding a rate change for the CPS tier may be filed within 45 days from the date the
complainant first receives a bill reflecting the rate change.  However, according to the
complaint, the complainant first received a bill reflecting the rate change on January 5, 1994. 
Therefore, the filing of the complaint on March 17, 1994 was not timely and the complaint
must be dismissed.

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaint filed March 17,1994 against the cable
programming service charge of Harron Communications Corp. in Oriskany, New York,
CUID No. NY0613 IS DISMISSED.  

     

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Bureau Chief 
                         Cable Services Bureau