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$//Multi Cablevision Co. of Livingston/Washtenaw, MI, MO&O, DA 95-2455//$
$/76.922 Rates for cable programming service tiers/$
$/76.934 Small systems/$
$/small system cable rates/$
                                    
                                    
                               Before the 
                   Federal Communications Commission 
                            Washington, D.C.


                                                                 DA 95-2455

In the Matter of     )
              )       
Multi Cablevision Company    ) CUID No. MI 1572 (Dexter Township)               
of Livingston\Washtenaw             ) CUID No. MI 1004 (Town of Putnam )
              ) CUID No. MI 0702 (Green Oak Township)
              ) CUID No. MI 0703 (Hamburg Township)
              ) CUID No. MI 0704 (Northfield Township)
              ) CUID No. MI 1003 (Village of Pinckney)
Small System Filing to Support      )
Cable Programming Service Price     )


Memorandum Opinion and Order
     

       Adopted:  December 11, 1995  Released:  January 17, 1996

By the Chief, Cable Services Bureau:

       1. Here we consider complaints about the price that Multi Cablevision Company of
Livingston/Washtenaw ("Multi Cablevision") was charging for its cable programming service
("CPS") tier in the communities referenced above.  On October 27, 1995, Multi Cablevision
filed FCC Form 1230 seeking to justify its rates through the simplified small system cost of
service procedures under the Commission's Small System Order.  In this Order we grant
Cablevision's request for small system relief under the Small System Order and deny the
pending CPS complaints.
 
       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 rates for its 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 rates.  Under our rules, an operator may attempt to justify its rates through a
benchmark showing, a cost-of-service showing, or a small system cost of service showing. 
In any case, the operator has the burden of demonstrating that its CPS rates 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.  In a
further effort to offer small cable companies administrative relief from rate regulation, the
Commission amended the definition of small cable companies and small systems and
introduced a simplified form of small system rate relief in the Small System Order.  Cable
systems serving 15,000 or fewer subscribers, and owned by a company having 400,000 or
fewer subscribers, may elect to use the new small cable system rate mechanism in lieu of
other Commission rate processes, provided the Commission has not reached a final resolution
on the rate complaint[s] filed against the system.  Operators attempting to justify their rates
through small system relief must file FCC Form 1230.  If the maximum rate established on
Form 1230 does not exceed $1.24 per channel, the rate shall be presumed reasonable.

     4.  We find that Multi Cablevision is a company with fewer than 400,000 total
subscribers and that the systems in question serve fewer than 15,000 subscribers, making
them eligible for small system relief.  Multi Cablevision's CPS rates are less than $1.24 per
channel and, therefore, are presumed reasonable.  There is nothing in the pleading that
refutes this presumption, therefore, we find the rates to be not unreasonable.

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that Multi Cablevision's request for small system relief is
GRANTED.

     6.  IT IS FURTHER ORDERED that the CPS rates charged by Multi Cablevision
with respect to the above-referenced CUID numbers, ARE JUSTIFIED.
          
     7. IT IS FURTHER ORDERED that the complaints against the CPS rates charged by
Multi Cablevision with respect to the above-referenced CUID numbers, ARE DENIED.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Meredith J. Jones
                         Chief, Cable Services Bureau