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/ ***************************************************************** ******** Before the Federal Communications Commission Washington, D.C. 20554 ) CUID Nos.: In the Matter of ) MA 0229 Town of Halifax ) Harron Communications Corp. ) MA 0224 Town of Rockland) ) NH 0126 Town of Pelham) ) PA 2029 East Marlborough) Small System Filing to Support ) PA 1941 Town of Kennett) Cable Programming Service Price ) PA 1940 Kennett Square Borough) ) NY 0253 Town of Canajoharie) MEMORANDUM OPINION AND ORDER Adopted: March 26, 1996 Released: April 9, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. Here we consider complaints about the rate that Harron Communications Corp.("Harron") was charging for its cable programming service ("CPS") tier in the franchise areas referenced above. On November 28, 1995, Harron 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 Harron's request for small system relief under the Small System Order and, based on our review of Harron's Form 1230 filing, deny the pending CPS rate complaints. 2. Under the Cable Television Consumer Protection and Competition Act of 1992, and the Commission's 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 the Commission's 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 Harron is a company with fewer than 400,000 total subscribers and that the systems in question serve fewer than 15,000 subscribers, making it eligible for small system relief. Upon review of Harron's Form 1230 filings, we find that Harron has justified its CPS rate. Harron's CPS rate is less than $1.24 per channel and, therefore, is presumed reasonable. There is nothing in the record 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 Harron's request for small system relief is GRANTED. 6. IT IS FURTHER ORDERED that the CPS rate charged by Harron with respect to the above-referenced CUID numbers, IS JUSTIFIED. 7. IT IS FURTHER ORDERED that the complaints against the CPS rate charged by Harron with respect to the above-referenced CUID numbers, ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION JoAnn Lucanik Chief, Financial Analysis and Compliance Division Cable Services Bureau Attachment A CUID Name MA 0229 Town of Halifax MA 0224 Town of Rockland NH 0126 Pelham PA 2029 East Marlborough PA 1941 Township of Kennett PA 1940 Kennett Square Borough NY 0253 Canajoharie TX 1338 City of Southlake