FOR THE FCC RECORD ONLY
$//Delta Cablevision, Inc., MO&O, DA 95-614//$
$/Part 76 Subpart N, Cable Rate Regulation/$
$/Withdrawal of Rate Complaints/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                         DA 95-614
In the matter of)     
     )
Delta Cablevision, Inc.          )     MS0031  Greenville, MS
     )     
Withdrawal of FCC Form 329  )    
Rate Complaint  )

                       MEMORANDUM OPINION AND ORDER

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


By the Deputy Chief, Cable Services Bureau:

     1.  On May 30, 1994, a single rate complaint was filed alleging that the prices charged
by Delta Cablevision, Inc. (Delta) in Greenville, Mississippi for cable programming service
tier (CPS) services were unreasonably high.  On June 7, 1994, the complainant withdrew this
complaint, stating that she was and is satisfied with the service and prices.  This complainant
was the only complainant who has filed a complaint with this Commission against the CPS
prices in this community.  Our jurisdiction to regulate CPS rates arises with the filing of a
valid complaint against those rates.  We will allow the withdrawal of this complaint, and our
review of this case will therefore be terminated. 

     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 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.  
     
     4.  Under our rules, this Commission's authority to regulate CPS cable rates arises
when a valid complaint against those rates is filed.  The sole complaint against Delta in this
community has been withdrawn.  Our mandate is to "protect subscribers of any cable system
that is not subject to effective competition from rates that exceed the rates that would be
charged if such a system were subject to effective competition."   Because our review of the
rate justification showing is predicated on the existence of a rate complaint, and because Delta
no longer faces a rate complaint, we are terminating our review for this community. 
     
     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
rules, 47 C.F.R. 0.321, that permission to withdraw the FCC Form 329 rate complaint
against the cable programming service rates of Delta Cablevision, Inc. in Greenville,
Mississippi, MS0031, IS GRANTED, and our review of this case IS TERMINATED.

     
     FEDERAL COMMUNICATIONS COMMISSION




     Gregory J. Vogt
     Deputy Chief, Cable Services Bureau