$//Southern Multimedia Communications, Fulton, GA., Order, DA95-2166//$
$/ 76.922 Rates for Cable Programming Service Tiers/$
$benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
          
          DA 95-2166


In the Matter of     )
          )
Southern Multimedia Communications   )          CUID No. GA0070 (Fulton)
)                     
Withdrawal of Rate Complaints         )
Concerning Cable Services Rates       )
                                                                                                                       
     


                                   ORDER

Adopted: October 16, 1995      Released: October 25, 1995

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

1.   In the community 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 complainants and filing dates are
noted in the Appendix.   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 terminate.

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 community a letter stating that the complainant wishes to withdraw the 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.  The complainants listed
in the Appendix are the only complainants that filed valid complaints against Operator in this
community.   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 community, 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 community 
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                                 Appendix

                         CPS Complaints Withdrawn

Date Filed  Date Withdrawn   Complainant

10/12/93    3/27/95          D. Ripsco        
11/4/93     4/17/95          Richard Seay
2/28/94     4/10/95          Edith Fratesi on behalf of Fulton County, Georgia