FOR FCC RECORD ONLY
$//V Cable, Inc., Russell, OH, MO&O, DA 95-611//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                             DA 95-611


In the Matter of     )
              )       CUID No. OH1235
              )      
V Cable, Inc. )         
Russell, Ohio        )              
                       )            
Order Denying Jurisdiction            )    
                                         


              Memorandum Opinion and Order

       Adopted:  March 24, 1995     Released:  March 28, 1995

By the Deputy Chief, Cable Services Bureau:


Introduction

       1.  In this Order we dismiss a complaint against the price V Cable, Inc. d/b/a
Cablevision ("Cablevision") was charging for its cable programming service ("CPS") tier in
Russell, Ohio, CUID No. OH1235, on the grounds that the complaint was untimely filed. 
The Commission regulates rates for CPS only upon the filing of a valid complaint.  As
explained below, our review revealed that this complaint was untimely filed.  Therefore, the
Commission lacks  jurisdiction to consider this complaint, and accordingly it is dismissed.

       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 Cablevision's CPS rate in Russell, Ohio, CUID No.
OH1235, was filed on March 3, 1994, and states that it was filed to object to a rate increase
for the CPS tier offered by Cablevision.  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.  According to the complaint, the
rate increase which the complainant challenges was the deletion of the Sports Channel from
the CPS tier, the addition of the Sports Channel as a premium service, and the assessment of
a $.26 surcharge for the Sports Channel.  The complainant also stated that the charge first
appeared on his February 25, 1994 bill, and that he was informed by a Cablevision
representative over the telephone that it was effective January 1, 1994.  However,
Cablevision has submitted data in response to Commission letters which requested further
clarification of Cablevision's amended showing which shows that the deletion of the Sports
Channel from the CPS tier occurred on September 1, 1993.  Upon review of the entire
record, we conclude that the deletion of the Sports Channel from the CPS tier occurred on
September 1, 1993, rather than on January 1, 1994, as alleged by the complainant. 
Therefore, the filing of the complaint on March 3, 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 3, 1994 against the cable
programming service charge of V Cable, Inc. d/b/a Cablevision in Russell, Ohio, CUID No.
OH1235 IS DISMISSED.  

     

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Bureau Chief 
                         Cable Services Bureau