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

In the Matter of)
     )
TCI Cablevision of Ohio, Inc.    )   CUID No.     WV0214 (Wheeling)
                )                        
     )                            
     )          
     )
Complaint Regarding              )        
Cable Programming Services Tier Rates  )


ORDER
                 
   Adopted:  August 6, 1996                        Released:  August 15, 1996  

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

 1.     In this Order we consider a complaint about the rates the above-captioned operator
("Operator") was charging for its cable programming services tier ("CPST") in the community
referenced above.  Operator's response includes benchmark justifications filed on FCC Form
1200, multiple FCC Form 1210s, the latest FCC Form 1210 filed for the period ending in the
first quarter of 1996 and FCC Form 1240.  

 2.     Under the Communications Act, the Commission is authorized to review CPST
rates of cable systems not subject to effective competition to ensure that rates charged are not
unreasonable.  If the Commission finds rates to be unreasonable, it shall determine correct rates
and any refund liability.

 3.     Pursuant to the Cable Television Consumer Protection and Competition Act of
1992, and our rules implementing it, 47 C.F.R. Part 76, Subpart N, Operator filed its FCC Forms
1200 1210 and 1240 for the period starting May 15, 1994 through June 30, 1997 in response to
the complaint referenced herein.  Upon review of Operator's FCC Forms 1200, 1210s and 1240 
we conclude that Operator has justified its CPST rates charged during the period under review. 
Therefore, we find that Operator's CPST rates in the above-referenced community are justified
and not unreasonable.

 4.     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 cable programming
services tier rates charged by Operator in the franchise area referenced in the caption during the
period May 15, 1994 through June 30, 1997 IS DENIED.
 
      FEDERAL COMMUNICATIONS COMMISSION 




      Elizabeth W. Beaty
      Chief, Financial Analysis and Compliance Division
      Cable Services Bureau