NOTICE


    *********************************************************    

       

                         NOTICE


   *********************************************************


This document was originally prepared in Word Perfect.  

If the original document contained--

                    *  Footnotes
                    *  Boldface & Italics

--this information  is missing in this version

The document format (spacing, margins, tabs, etc.) is changed
too.

If you need the complete document, download the Word Perfect
version.

For information about downloading documents (FTP) see file
 how2ftp.

File  how2ftp (.txt & .wp) is in directory
\pub\Public_Notices\Miscellaneous.

*****************************************************************
********
$//West Boca Cablevision, Boca Raton, FL, MO&O, DA 95-2044//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

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

                                                                             DA 95-2044


In the Matter of     )
              )       CUID No. FL0623 (Boca Raton)
West Boca Cablevision         )                 
                              )         
Benchmark Filing to Support   )                   
Cable Programming Service Price    )                        
                                                    


MEMORANDUM OPINION AND ORDER

Adopted: September 27, 1995        Released: October 6, 1995  


By the Deputy Chief, Cable Services Bureau:

Introduction

     1.  Here we consider a complaint about the price that the above-captioned operator
("Operator") was charging for cable programming service ("CPS") in the community
designated above.   
 
     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 a
cable operator's prices for its cable programming service ("CPS") tier 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 only complaint against Operator's CPS rate was filed with the Commission on
March 3, 1994, and states that it was filed to object to a rate increase for the CPS tier
offered by Operator.  On April 27, 1995, Operator filed a motion to dismiss the complaint. 
Under the Commission's rules, a complaint regarding a rate change for the CPS tier may be
filed within 45 days from the date the complainant first receives a bill reflecting the rate
change.  However, according to the complaint, the complainant first received a bill
reflecting the rate change on December 1, 1993.  Therefore, the filing of the complaint on
March 3, 1994 was not timely and the complaint must be dismissed.

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaint filed March 17, 1994 against the cable
programming service charge of Operator IS DISMISSED.  

     

                         FEDERAL COMMUNICATIONS COMMISSION




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