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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* FOR FCC RECORD ONLY $/MetroVision, Inc., Michigan, MO&O, DA 95-786//$ $76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 95-786 In the Matter of ) ) MetroVision, Inc. ) CUID No. MI0640 (Farmington, MI) ) MI0641 (Farmington Hills, MI) ) MI0642 (Novi, MI) ) Benchmark Filing to Support ) Cable Programming Service Price ) MEMORANDUM OPINION AND ORDER Adopted: April 11, 1995 Released: April 13, 1995 By the Deputy Chief, Cable Services Bureau: 1. Here we consider complaints about the price that MetroVision, Inc. ("MetroVision") was charging for its cable programming service ("CPS") tier in the communities designated above. MetroVision has chosen to attempt to justify its price through a benchmark showing on FCC Form 393. This Order addresses the reasonableness of MetroVision'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 first valid CPS complaints in each of the franchise areas which are the subject of this Order were completed and served on MetroVision and received by the Commission on the dates set forth on Appendix A. MetroVision filed FCC Form 393 in response; MetroVision has also filed amended and supplemental Form 393 filings, most recently on June 23, 1994. 5. MetroVision's initial benchmark filing on November 23, 1993 asserted that its monthly CPS tier price of $11.11 was justified by its benchmark filing because its price was equal to the maximum permitted charge as calculated in the filing. However, after a review and determination by the local franchising authority that MetroVision's charges for the basic service tier and for certain equipment items were unreasonable, MetroVision restructured both its Basic tier and CPS tier prices. In its amended Form 393 filing on June 23, 1994, MetroVision included evidence showing that effective April 1, 1994, MetroVision reduced its monthly CPS tier price from $11.11 to $10.93. The evidence also shows that MetroVision has issued a refund credit to reimburse subscribers for the amount they paid in excess of a reasonable price for Basic and CPS tier services. 6. Upon review of the record herein, we conclude that MetroVision's showing justifies the maximum reasonable CPS tier price of $10.93 (plus franchise fee) for the period from the filing of the earliest complaint in each franchise area (as set forth in Appendix A) to May 14, 1994. 7. We further conclude that no further action is warranted regarding the complaints addressed in this Order for the period ending May 14, 1994 because MetroVision has already restructured its rates in accordance with the maximum permitted price determined in this Order and has already reimbursed its subscribers for the amount they paid in excess of a reasonable price for the CPS tier for the period from the filing of the earliest complaint in each franchise area (as set forth in Appendix A) to April 1, 1994. 8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaints referred to in this Order against the cable programming service price charged by MetroVision in the areas referenced in the caption herein, and all other complaints in these franchise areas related to the same price, ARE GRANTED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Gregory J. Vogt Deputy Chief, Cable Services Bureau Appendix A CUID No. Date First Complaint Date Complaint Filed with FCC Served MI0640 10/14/93 10/01/93 MI0641 10/28/93 10/25/93 MI0642 10/28/93 10/25/93 Appendix B CUID No. Actual Rate Actual Rate Maximum Permitted Rate (as of lst valid complaint) (as of 4/1/94) MI0640 $11.11 $10.93 $10.93 MI0641 $11.11 $10.93 $10.93 MI0642 $11.11 $10.93 $10.93