FOR FCC RECORD ONLY
$//Sammons Communications, Inc., Blandon, Pennsylvania, MO&O, DA-95-779//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$            

                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554 
                                                                DA 95-779


In the Matter of                   )              
                              )    
Sammons Communications, Inc.       )    CUID No. PA1642, Blandon 
                              )    
Benchmark Filing to Support        )
Cable Programming Service Price         )


                       Memorandum Opinion and Order

          Adopted:  April 10, 1995           Released:  April 12, 1995


By the Deputy Chief, Cable Services Bureau:

     1.  Here we consider a complaint about the price that the above-captioned operator
("Operator") was charging for its cable programming service ("CPS") tier in Blandon,
Pennsylvania.  Operator has chosen to attempt to justify its price through a benchmark
showing on FCC Form 393.  This Order addresses the reasonableness of Operator's price
only through May 14, 1994.  At a later date we will issue a separate order addressing the
reasonableness of the price 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 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 complaint was received by the Commission on October 12, 1993.  Operator
filed FCC Form 393 in response. 

     5.  In its benchmark filing, Operator calculated a maximum permitted CPS rate of
$7.45 per month (plus franchise fee).  Upon review of this filing, we have found no apparent
errors that would require a recalculation of this maximum permitted rate.  However,
Operator's actual monthly charge for its CPS tier was $7.48 (plus franchise fee).  Thus,
Operator has failed to show that its rate for the CPS tier was not unreasonable. 

     6.  Upon review of the record herein, we conclude that Operator has failed to justify
the rate it was charging during the period from October 12, 1993 to May 14, 1994. 
However, we further determine that the total overcharge per subscriber is de minimis. 
Therefore, it would not serve the public interest to order a refund.

     7.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
rules, 47 C.F.R.  0.321, that the complaint against the cable programming service price
charged by Operator in Blandon, Pennsylvania IS GRANTED TO THE EXTENT
INDICATED HEREIN.

     8.  IT IS FURTHER ORDERED, pursuant to Section 76.922(b)(4)(C) of the
Commission's rules, 47 C.F.R.  76.922(b)(4)(C), that Operator shall, within 30 days of the
release of this Order, revise its Form 1200 filing with respect to Blandon, Pennsylvania, for
the period beginning May 15, 1994, to reduce the monthly charge per tier as of March 31,
1994 for Tier 2 (Line A6b) to equal $7.45 (plus franchise fee).

     9.  IT IS FURTHER ORDERED that Operator shall place into effect, within 30 days
after its submission of the revised Form 1200 filing required above, a price that reflects the
reduction in the CPS rate determined in this Order. 
     

                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau