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FOR FCC RECORD ONLY
$//TCI Cablevision of New England, Inc., et al., MO&O, DA95-1075//$
$/76.922 Rates for Cable Programming Service Tiers/$
$/benchmark cable rates$


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

                                                                       DA 95-1075


In the Matter of                     )
                                     )
TCI Cablevision of New England, Inc. )  CUID No. MA0135 (North Attleboro)
                                     )
TCI Cablevision of Waltham, Inc.     )  CUID No. MA0261 (Waltham) )
                                     )
TCI Cablevision of Ohio, Inc.        )  CUID Nos. OH0009 (Ashtabula), 
                                     )  OH0210 (Niles), OH0244 (Geneva),
                                     )  OH0249 (Middletown), OH0250
                                     )  (Fairfield), OH0252 (Franklin), OH0598
                                     )  (Hubbard), OH1611 (Mecca) and 
                                     )  OH1981 (North Jackson)
                                     )
TCI Cablevision of Pasco County, Inc.)  CUID Nos. FL0126 (New Port Richey) 
                                     )  and FL0721 (Port Richey)
                                     )
TCI Cablevision of Pinellas County, Inc.)    CUID No. FL0482 (Dunedin)
                                     )
                                     )
Miami Tele-Communications, Inc.      )  CUID Nos. FL0530 (Opa Locka)
                                     )  and FL0653 (Miami)
                                     )  
TCI Cablevision of Caspar, Inc.      )  CUID Nos. WY0011 (Casper) and 
                                     )  WY0131 (Bar Nunn)
                                     )
Benchmark Filings to Support         )
Cable Programming Service Prices     )
                                     
                     
                       MEMORANDUM OPINION AND ORDER

          Adopted:  May 11, 1995             Released:  May 16, 1995

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

     1.   Here we consider complaints about the prices the above-captioned operators
(collectively "Operators") were charging for their cable programming service ("CPS") tier in
the communities referenced above.  Operators have chosen to attempt to justify their prices
through benchmark showings on FCC Form 393.  This Order addresses the reasonableness of
Operators' prices only through May 14, 1994.  At a later time we will issue a separate order
addressing the reasonableness of the prices 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.  Operators assert that their monthly CPS prices are justified by their benchmark
filings because these prices are equal to or lower than the maximum permitted charges. 
Upon review, we have found no apparent errors that would result in Operators' actual CPS
prices exceeding their maximum permitted CPS prices.

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaints referenced herein against the cable
programming service prices charged by Operators in the communities referenced above ARE
DENIED TO THE EXTENT INDICATED HEREIN.



                                                    FEDERAL COMMUNICATIONS COMMISSION 




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