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$//Wometco Cable TV of Cobb County, Order, DA 95-2150//$
$/76.922  Rates for Cable Programming Service Tier/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
          
          DA 95-2150


In the Matter of     )
          )
Wometco Cable TV of Cobb County, Inc.)          CUID Nos.: GA0156 (Marietta)
)                     GA0246 (Cobb)
Withdrawal of Rate Complaints         )
Concerning Cable Services Rates       )
                                                                                                                       
     


                                   ORDER

Adopted: October 12, 1995        Released: October  20, 1995

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

1.   In the communities noted above, subscribers to the above captioned cable operator
("Operator") filed complaints with the Commission alleging that the prices charged for the
cable programming service (CPS) tier were unreasonably high.  Later, the complainants wrote
to the Commission to withdraw their CPS complaints.  The communities, complainants, and
filing dates are noted in Attachment A.   Our jurisdiction to regulate CPS rates arises with the
filing of a valid complaint against those rates.  We will allow the withdrawal of these
complaints, and our review of Operator's 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.

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
first 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.  In the cases captioned above, Operator filed an FCC Form 393 benchmark rate
justification submission.

4.  The Commission has now received, from each of the complainants in the above
captioned communities, a letter stating that the complainant wishes to withdraw his CPS rate
complaint against Operator.  Under our rules, the Commission's authority to regulate CPS
cable rates arises when a valid complaint against those rates is filed.  In the instant case, the
complainants listed in Attachment A, and who now request withdrawal of their complaints,
are the only complainants that filed complaints against Operator in the two communities at
issue in this proceeding.  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 forbearance from
rate regulation, there is no evidence of such an agreement here.  We will accordingly allow
the complainants to withdraw their complaints.   Because our review of the Operator's rate
justification showing is predicated on the existence of a rate complaint, and Operator no
longer faces a rate complaint in the above captioned communities, we are terminating our
review of those filings.    

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 review of the resulting rate justification filing IS TERMINATED.

FEDERAL COMMUNICATIONS COMMISSION



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

                         CPS Complaints Withdrawn

CUID No. & Community   Date Filed Date Withdrawn   Complainant

GA0156 (Marietta)      11/29/93   11/29/93         Joseph A. Alonzo, Jr.  

GA0246 (Cobb)    10/18/93    06/21/94         Fred D. Kelsay