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$//Sammons Communications, VA, MO&O, DA-96-324//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$
                                     

                                Before the
               FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                                                                       DA 96-324


In the Matter of)
     )
Sammons Communications)     CUID Nos. VA0052  (Colonial Heights)
     )                 VA0054  (Petersburg)
     )
Benchmark Filing to Support      )        
Cable Programming Service Price  )


                        MEMORANDUM OPINION AND ORDER

     Adopted:  March 11, 1996    Released:  April 3, 1996   

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

     1.   Here we consider complaints about the rates the above-captioned operator ("Operator")
was charging for its cable programming service ("CPS") tier in the communities referenced above. 
Operator's response to these complaints include a benchmark justification on FCC Form 1200. 
This Order addresses the reasonableness of Operator's rates only after May 14, 1994.   We have
already issued a separate order addressing the reasonableness of the rate prior to that date.

     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 complete and timely complaint.  The filing of a complete and timely complaint
triggers an obligation on behalf of the cable operator to file a justification of its CPS prices. 
Under the Commission's 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
complete and timely 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.  To justify their prices for the period beginning May 15, 1994 through a benchmark showing,
operators must use the FCC Form 1200 series.  Operators may also justify rate increases based on
the addition and deletion of channels, the changes in certain external costs, and inflation by filing
FCC Form 1210.  Form 1210 must be filed at least 30 days before new rates are scheduled to go
into effect where the Commission has found the cable programming service tier rate to be
unreasonable less than one year prior to the filing, or where there is a pending complaint against
the cable programming service tier rate.
     4.   Operator asserts that its monthly CPS tier prices are justified because the prices are
equal to or lower than the maximum permitted charges.  Upon review of Operator's FCC Form
1200, we agree.  We found no apparent errors in Operator's calculation of its maximum permitted
CPS rates.  Therefore, Operator's FCC Form 1200 rates for the period under review are justified.  

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules,
47 C.F.R.  0.321, that the complaints referenced herein against the cable programming service
prices charged by Operator in the franchise areas referenced in the caption during the period
following May 14, 1994 ARE DENIED TO THE EXTENT INDICATED HEREIN.
     
     



     FEDERAL COMMUNICATIONS COMMISSION 




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