FOR FCC RECORD ONLY $//Maclean Hunter Cable TV, Inc., River Rouge, et. al., MO&O, DA 95-610//$ $/76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95-610 In the Matter Of ) ) CUID Nos. MI0410, MI0413, MI0414 Maclean Hunter Cable TV, Inc. ) MI1038, MI1179 River Rouge, Rockwood, Taylor, ) Berlin, and Garden City, Michigan ) ) Benchmark Filings to Justify Cable ) Programming Service Rates ) MEMORANDUM OPINION AND ORDER Adopted: March 24, 1995 Released: March 28, 1995 By the Deputy Chief, Cable Services Bureau: 1. Here we consider complaints about the prices Maclean Hunter Cable TV, Inc. ("Maclean") was charging for its cable programming service ("CPS") tier in River Rouge, Michigan, CUID No. MI0410; Rockwood, Michigan, CUID No. MI0413; Taylor, Michigan, CUID No. MI0414; Berlin, Michigan, CUID No. MI1038; and Garden City, Michigan, CUID No. MI1179. Maclean has chosen to attempt to justify its prices through benchmark showings on FCC Form 393. This Order addresses the reasonableness of Maclean's prices 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, 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. Maclean asserts that its monthly CPS price in each franchise area 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 Maclean's actual CPS prices exceeding its maximum permitted CPS prices. 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 prices charged by Maclean Hunter Cable TV, Inc. in River Rouge, Michigan, CUID No. MI0410; Rockwood, Michigan, CUID No. MI0413; Taylor, Michigan, CUID No. MI0414; Berlin, Michigan, CUID No. MI1038; and Garden City, Michigan, CUID No. MI1179 ARE DENIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Service Bureau