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FOR FCC RECORD ONLY
$//Suburban Cable TV Co., Inc., MO&O, DA 95-1186//$
$/ 76.922 Rates for the basic service tier and cable programming services tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

                                                        DA 95-1186

In the Matter of                   )    
                              )
Surburban Cable Television              )              CUID No. PA1714 (Springfield)
                              )    
Withdrawal of FCC Form 329         )    
Rate Complaint                )


                       Memorandum Opinion and Order

          Adopted:  May 30, 1995        Released:  June 6, 1995  


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

     1.  On October 29, 1993, a single rate complaint was filed alleging that the price
charged by Surburban Cable Television for its cable programming service ("CPS") tier in
Springfield was unreasonably high.  On May 16, 1995, the complainant withdrew this
complaint.  This complainant was the only complainant that filed a complaint with this
Commission against the CPS price in Springfield.  Our jurisdiction to regulate CPS rates
arises with the filing of a valid complaint against those rates.  We will allow the withdrawal
of this complaint, and our review of this case will therefore be terminated. 

     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.  
     
     4.  Under our rules, this Commission's authority to regulate CPS cable rates arises
when a valid complaint against those rates is filed.  The sole complaint against Surburban
Cable Television in this community has been withdrawn.  Our mandate is to "protect
subscribers of any cable system that is not subject to effective competition from rates that
exceed the rates that would be charged if such a system were subject to effective
competition."   Because our review of the rate justification showing is predicated on the
existence of a rate complaint, and because Surburban Cable Television no longer faces a rate
complaint, we are terminating our review of Surburban Cable Television's filing for this
community. 
     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
rules, 47 C.F.R.  0.321, that permission to withdraw the FCC Form 329 rate complaint
against the cable programming service rate of Surburban Cable Television in Springfield,
Pennsylvania, CUID No. PA1714, IS GRANTED and our review of this case IS
TERMINATED.

     
     FEDERAL COMMUNICATIONS COMMISSION


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