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/Bureaus/Miscellaneous/Public_Notices/

*****************************************************************
********
$//AMRAC Clear View, L.P., Hadley, MA, MO&O, DA 96-320//$
$/76.922 Rates for cable programming service tiers/$
$/76.934 Small systems/$
$/small system cable rates/$
   
                                    
                               Before the 
                   Federal Communications Commission 
                            Washington, D.C.


                                                                  DA 96-320

In the Matter of      )        ( CUID No. MA 0285 Town of Hadley ) 
AMRAC Clear View, L.P.               )     
               )     
               )     
Small System Filing to Support       )     
Cable Programming Service Price      )       
               
               

      Memorandum Opi               nion and Order


       Adopted:  March 7, 1996      Released: March 11, 1996

By the Chief, Cable Services Bureau:

       1. Here we consider a complaint about the price that AMRAC Clear View L.P.      
("Clear View") was charging for its cable programming service ("CPS") rate in the franchise
area referenced above.  On December 10, 1995, Clear View filed FCC Form 1230s seeking
to justify its rate through the simplified small system cost of service procedures under the
Commission's Small System Order.  In this Order we grant Clear View's request for small
system relief under the Small System Order and, based on our review of Clear View's Form
1230 filing, 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 Clear View is a company with fewer than 400,000 total subscribers
and that the systems in question serves fewer than 15,000 subscribers, making it eligible for
small system relief. Upon review of Clear View's Form 1230 filings, we find that Clear
View has justified its CPS rate.  Clear View's CPS rate is less than $1.24 per channel and,
therefore, is presumed reasonable.  There is nothing in the pleading that refutes this
presumption; therefore, we find the rate 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 Clear View's request for small system relief is GRANTED.

     6.  IT IS FURTHER ORDERED that the CPS rate charged by Clear View with
respect to the above-referenced CUID number, IS  JUSTIFIED.
          
     7. IT IS FURTHER ORDERED that the complaint against the CPS rate charged by  
Triax with respect to the above-referenced CUID number, IS DENIED.

                         

                         FEDERAL COMMUNICATIONS COMMISSION



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