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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of)
     )
Comcast Cable Communications, Inc.     )   CUID No.  MI0409 (City of Southgate)
     )          
     )
Benchmark Filing to Support      )        
Cable Programming Service Price  )


MEMORANDUM OPINION AND ORDER
 
   Adopted:  May 29, 1996                     Released:  June 7, 1996

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

 1.   Here we consider a complaint about the rates the above-captioned operator 
("Operator") was charging for its cable programming service ("CPS") tier in the community
referenced above.  Operator's response includes benchmark justifications filed on FCC Form 1200
and multiple FCC Form 1210s, the latest Form 1210 filed for the period ending in the fourth
quarter of 1995.  

 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 rate 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
tier rates.  Under our rules, an operator may attempt to justify its rates through either a
benchmark showing or a cost-of-service showing.  In either case, the operator has the burden
of demonstrating that its CPS tier 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.  Operators with
valid CPS tier rate complaints filed against them prior to May 15, 1994 must demonstrate that
their CPS tier rates were in compliance with the Commission's initial rules from the time the
complaint was filed through May 14, 1994, and that their rates were in compliance with the
revised rules from May 15, 1994 forward.  Operators attempting to justify their rates for the
period prior to May 15, 1994 through a benchmark showing must complete and file FCC Form
393.  To justify their rates 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 CPS tier rate.

 4.  A valid complaint was filed on August 24, 1994 against the operator's CPS tier rate. 
In response, Comcast filed a benchmark rate justification on Form 1200, and has made
subsequent Form 1210 filings since that initial filing, the latest Form 1210 covering the period
ending fourth quarter of 1995.  Operator asserts that its monthly CPS tier rates are justified
because the rates are equal to or lower than the maximum permitted charge.  Upon review of
Operator's FCC Form 1200 series filings, we agree.  We found no apparent errors in Operator's
calculation of its maximum permitted CPS tier rates.  Therefore, Operator's FCC Form 1200
series CPS tier 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 complaint referenced herein against the CPS tier rates charged by
Operator in the franchise area referenced in the caption as reflected on operator's FCC Form 1200
series filings IS DENIED TO THE EXTENT INDICATED HEREIN.

      FEDERAL COMMUNICATIONS COMMISSION 



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