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$//Scripps Howard Cable Company, State of Georgia, MO&O, DA 95-1636//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$                         

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

                                                                 DA 95-1636


In the Matter of)  CUID Nos. GA0064 (City of Calhoun)
     )          GA0167 (City of Montezuma)
Scripps Howard Cable Company     )     GA0189 (City of Tallapoosa)
     )          GA0241 (City of Chamblee)
Withdrawal of FCC Form 329       )     GA0304 (City of Dallas)
Rate Complaints )     GA0311 (City of Social Circle)
     )          GA0342 (City of Louisville)
     
     
                       MEMORANDUM OPINION AND ORDER

     Adopted:  July 21, 1995     Released:  August 1, 1995   

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

     1.  Complaints with this Commission were filed by local franchising authorities
("LFAs") in the above-referenced Georgia communities alleging that the prices charged by
Scripps Howard Cable Company ("Scripps Howard") for cable programming service tier
("CPS") services in those communities were unreasonably high.  In June and July of 1995, the
LFAs wrote to the Commission stating that they wished to withdraw their complaints in these
communities.  In each of the communities, the LFA was the only complainant that filed a
valid complaint with this Commission.  Our jurisdiction to regulate CPS rates arises with the
filing of a valid complaint against those rates.  The withdrawal of the only complaint against
an operator's CPS rates in a community constitutes the termination of our jurisdiction to
regulate those rates.  We will allow the withdrawal of these complaints, and our review of
these filings 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.  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.  

     4.  This Commission has now received from the LFA in each community a letter
stating that it wishes to withdraw its CPS rate complaint against Scripps Howard.  Under our
rules, this Commission's authority to regulate CPS rates arises when a valid complaint against
those rates is filed.  In every community referenced above, the LFA is the only complainant. 
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."  While our rules forbid collusive agreements between
operators and local franchising authorities regarding forebearance from rate regulation, there is
no evidence of any such agreements here.   We will accordingly allow the LFAs to withdraw
their complaints.  Because our review of the rate justification showings is predicated on the
existence of a rate complaint, we are terminating our review of Scripps Howard's filings in
the above-referenced communities. 

     5.  Accordingly, IT IS ORDERED that permission to withdraw the FCC Form 329
rate complaints against cable programming service rates in the above-noted communities IS
GRANTED, and the review of the resulting rate justification filings IS TERMINATED to the
extent discussed herein.


     
     FEDERAL COMMUNICATIONS COMMISSION




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