FOR FCC RECORD ONLY
$//Mission Cable, Abernathy, TX, Letter, DA 95-645//$
$/76.901, Exemption of Small Systems from Rate Regulation/$
$/benchmark cable rates/$                     FEDERAL COMMUNICATIONS COMMISSION
                           WASHINGTON, DC 20554


                                                       IN REPLY REFER TO:
                                                                  DA 95-645
                              March 29, 1995      Released:  March 31, 1995

Thomas J. Juracek
Controller, Mission Cable
1873 South Bellaire Street
Suite 1550
Denver, CO 80222

Dear Mr. Juracek:

     This letter is in reference to your letter dated March 28, 1995, with respect to a
complaint filed February 25, 1994, against the price Mission Cable was charging for cable
programming service in the City of Abernathy, Texas, CUID No. TX1027.  In that letter,
you state that Mission Cable is not required to justify its rates prior to May 15, 1994,
because Mission Cable's Abernathy, Texas system has fewer than 1,000 subscribers.  Based
on the information you have provided, it appears that the Abernathy system qualifies as a
"small system" pursuant to 47 C.F.R.  76.901(c), and was therefore exempt from rate
regulation until May 15, 1994.

     We will rule at a later date on Mission Cable's justification under the Commission's
revised rate regulations of its cable programming service rates in Abernathy beginning May
15, 1994.  At that time, we will also consider Mission Cable's argument that the complaint is
deficient because Mission Cable does not provide cable programming service in Abernathy.

     Should you have any questions regarding this matter, please contact Peter G. Wolfe 
at (202) 739-0783.
                         
                                   Sincerely,





                                   Gregory J. Vogt
                                   Deputy Chief
                                   Cable Services Bureau

cc:  City of Abernathy