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$//United Video Cablevision, Chesterfield, MO, MO&O, DA 95-2059//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$


                 Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                             DA 95-2059

In the Matter of     )
              )       
United Video Cablevision, Inc.      )      CUID No. MO0888 (Chesterfield)              
              )
Benchmark Filing to Support  )      
Cable Programming Service Price     )                     


              Memorandum Opinion and Order

       Adopted: September 28, 1995  Released: October 6, 1995

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


       1.  Here we consider a complaint about the price United Video Cablevision, Inc.
("United Video") was charging for its cable programming service ("CPS") tier in
Chesterfield, Missouri, CUID No. MO0888.  United Video has chosen to attempt to justify
its price through a benchmark showing on FCC Form 393. 
 
       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 United Video's CPS rate in Chesterfield, Missouri,
CUID No. MO0888, was filed on March 3, 1994 and states that it was filed to object to a
rate increase for the CPS tier offered by United Video.  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 November 8,
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 3, 1994 against the cable
programming service charge of United Video Cablevision, Inc. in Chesterfield, Missouri,
CUID No. MO0888, IS DISMISSED.  

     

                         FEDERAL COMMUNICATIONS COMMISSION




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