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 pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Comcast Cablevision of Middletown, Inc. ) CUID Nos. CT0044 (Middletown) ) CT0045 (Middlefield) ) CT0046 (Cromwell) ) CT0047 (East Hampton) ) CT0048 (Portland) ) Benchmark Filing to Support ) Cable Programming Services Rate ) ORDER Adopted: August 6, 1996 Released: August 21, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this order we consider complaints about the rates the above-captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the communities referenced above. Operator has chosen to attempt to justify its rates through benchmark showings filed on FCC Form 1200 and multiple FCC Form 1210s, the last one filed for the period ending in the fourth quarter of 1994. 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, the Federal Communications Commission ("Commission") is authorized to review CPST rates of a cable system 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 and Consumer Protection and Competition Act of 1992, Operator filed FCC Forms 1200 and 1210s. Operator asserts that its monthly CPST 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 in accordance with the terms of the Comcast Resolution, we agree. We found no apparent errors in Operator's calculation of its maximum permitted CPST rates. Therefore, Operator's FCC Form 1200 series CPST rates for the period under review are justified. 4. 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 CPST rates charged by Operator in the franchise areas referenced in the caption during the period following May 14, 1994 ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau