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FOR FCC RECORD ONLY
$//Lake County Cablevision, Fruitland Park, MO&O, DA-95-896//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                DA 95-896


In the Matter of                   )    CUID Nos. FL0064, Fruitland Park;
                              )    FL0239, Lake; FL0300, Lake; 
Lake County Cablevision            )    FL0819, Lady Lake; FL0856,
                              )    Lady Lake; FL0879, Mt. Plymouth/
Benchmark Filing to Support        )    Sorrento; FL0880, Sorrento; FL1090,
Cable Programming Service Price         )    Lake (SE)


                       Memorandum Opinion and Order

          Adopted:  April 20, 1995                Released:   April 26, 1995

By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

     1.   Here we consider a complaint about the price Lake County Cablevision
("Operator") was charging for its cable programming service ("CPS") tier in Fruitland Park,
Florida.  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 time 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 complete and timely complaint.  The filing of a complete and
timely 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 complete and timely 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.  This Order applies only to Operator's CPS rates within Fruitland Park, Florida,
CUID No. FL0064.  The complainant, the City of Fruitland Park, listed several other CUID
numbers on the complaint instead of identifying FL0064 as the correct CUID number. 
Operator argues that the complaint should be dismissed since it did not identify the correct
CUID number and since it listed the CUID numbers of communities which are outside the
City's franchise area.  Although we will not dismiss the complaint for failure to identify the
proper CUID number, this Order rules on Operator's CPS rates only in Fruitland Park since
the complainant is not a "subscriber, franchising authority, or other relevant state or local
government entity" with respect to rates which are charged outside its franchise area.  See 47
C.F.R.  76.950.  Thus, the complaint filed by the City of Fruitland Park does not constitute
a pending valid complaint in the communities that were listed by the City under the following
CUID numbers: FL0239, FL0300, FL0819, FL0856, FL0879, FL0880, and FL1090.  

     5.  Operator asserts that its monthly CPS price is justified by its benchmark filing
because this price is lower than the maximum permitted charge.  Upon review, we have
found no apparent errors that would result in Operator's actual CPS price exceeding its
maximum permitted CPS price.

     6.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that Operator's motion to dismiss the complaint referenced herein
IS GRANTED AND DENIED TO THE EXTENT INDICATED HEREIN.

     7.  IT IS FURTHER ORDERED that the complaint referenced herein is dismissed
insofar as it applies to CUID Nos. FL0239, FL0300, FL0819, FL0856, FL0879, FL0880,
and FL1090.

     8.  IT IS FURTHER ORDERED that the complaint referenced herein against the
cable programming service price charged by Operator in Fruitland Park, Florida IS DENIED
TO THE EXTENT INDICATED HEREIN.



                                                    FEDERAL COMMUNICATIONS COMMISSION 




                                                    JoAnn Lucanik  
                                                    Chief, Financial Analysis and Compliance Division 
                                                    Cable Services Bureau