WPCS 2MBER ZCourierw Roman Y-#XR  P7jQXP#HP4M (PCL); Rm. 505; LPT2tional)HL4MPCAD.PRSx  @\U xX@|D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd3|w05; LPT2tional)HL4MPCAD.PRSXj\  P6G;\U xXP2) D!3|wCourierCG TimesTimes New RomanTimes New Roman BoldCG Times Bold#8wC;,Xw PE37XP$7jC:,9Xj\  P6G;XP7nC:,!|Xn4  pG;Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdCourierCG TimesTimes New RomanXR  P7jQK,H6X@`7h@\5hC:,D2Xh*f9 xr G;XX2f ,HS",tB^ f ^;C]ddCCCdCCCCddddddddddCCdxN`xoCCCddCdoYoYFdo8Co8odooYNCodddYdddd4dddddCddddddddo8dddddYYYYYN8N8N8N8oddddooooddpddddxodddXXddXddXdddddooL8doddNorddo8PdN8ppoddXXdpLoNpLodPDdopoopodXYXodoodddCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"dsd9dCCzCddoddCdYds`zUvdddCCCCzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC\   pxtll\tll@\@\`L X-#Xj\  P6G;9XP# d H $// Memorandum Opinion and Order, Scripps Howard, DA 96184 $/ 76.956 re. Cable Programming Service Rates $/ 76.922 Rates for the basic service tier and cable programming service tier  X-x` `  hh +2Before the [ FEDERAL COMMUNICATIONS COMMISSION  X_-Washington, D.C. 20554 #Xj\  P6G;9XP#у  X -`(# DA 96184 ă  X -#Xj\  P6G;9XP#In the Matter of hh@) x` `  hh@)  X -Scripps Howard Cable Companyhh@)hCUID No. GA0055 (City of Elberton) x` `  hh@)  X-Withdrawal of FCC Form 329hh@)  Xy-Rate Complaint hh@) x` `   x` `  hh@ x` `  hh  X-  MEMORANDUM OPINION AND ORDER ă  X-xAdopted: February 14, 1996 @hppReleased: March 11, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:  X- I. A. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)x1. The local franchising authority ("LFA") in the abovereferenced community filed a complaint with this Commission alleging that the prices charged by Scripps Howard Cable Company ("Scripps Howard") for cable programming service tier ("CPS") services in that community were unreasonably high. In July 1995, the LFA wrote to the Commission stating  X7-that it wished to withdraw its complaint in this community.7 Y<ԍ #Xw PE37XP#Letter from D. Scott Wilson, City of Elberton, to Meredith Jones. In this community, the LFA was the only complainant that filed a valid complaint with this Commission. Our jurisdiction to regulate CPS rates arises with the filing of a valid complaint against those rates. The withdrawal of the only complaint against an operator's CPS rates in a community constitutes the termination of our jurisdiction to regulate those rates. We will allow the withdrawal of this complaint, and our review of these filings will therefore be terminated.  X"-x2. Under the Cable Television Consumer Protection and Competition Act of 1992,"y X&-#Xj\  P6G;9XP#э Pub. L. No. 102385, 106 Stat. 1460 (1992); Communications Act,  623(c), as  X'-amended, 47 U.S.C.  543(c) (1993) (Cable Act of 1992). and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review"#0*0*0*"" CPS prices upon the filing of a valid complaint. The filing of a valid complaint triggers an"!0*0*0* "  X-obligation on behalf of the cable operator to file a justification of its CPS prices.g Xy-#Xj\  P6G;9XP#э 47 C.F.R.  76.956.g Under our ""I.rules, an operator may attempt to justify its prices through either a benchmark showing or a"!0*0*0* "  X-costofservice showing.j Xy-#Xj\  P6G;9XP#э 47 C.F.R.  76.956(b).j In either case, the operator has the burden of demonstrating that its CPS prices are not unreasonable.  X-x1. The Commission's original rate regulations took effect on September 1, 1993.y X-#Xj\  P6G;9XP#э Order in MM Docket No. 92266, Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042 (Aug. 2, 1993).  X-The Commission subsequently revised its rate regulations effective May 15, 1994. XQ -#Xj\  P6G;9XP#э See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92266, Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC  X-Rcd 4119 (1994) ("Benchmark Order"): 47 C.F.R.  76.922(b). Operators with valid 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  XH-revised rules from May 15, 1994 forward.Hl  Xe-#Xj\  P6G;9XP#э See Benchmark Order, 9 FCC Rcd at 4190, paras. 150152. Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark showing must complete and file FCC  X -Form 393.Y   X-#Xj\  P6G;9XP#э Id.Y  X -x 2. This Commission has now received from the LFA in this community a letter stating that it wishes to withdraw its CPS rate complaint against Scripps Howard. Under our rules, this Commission's authority to regulate CPS rates arises when a valid complaint against those rates is filed. In the community referenced above, the LFA is the only complainant. Our mandate is to "protect subscribers of any cable system that is not subject to effective competition from rates that exceed the rates that would be charged if such a system were  Xb-subject to effective competition." b  X<ԍ#Xj\  P6G;9XP# Conference Report on the Cable Act of 1992, at 62. See also, Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92266, Report and Order and Further Notice of Proposed  X"-Rulemaking, 8 FCC Rcd 5631, 5669 (1993) (Rate Order).ğ While our rules forbid collusive agreements between operators and local franchising authorities regarding forebearance from rate regulation, there is no evidence of any such agreements here. We will accordingly allow the LFA to withdraw its complaint. Because our review of the rate justification showings is predicated on the existence of a rate complaint, we are terminating our review of Scripps Howard's filings in the abovereferenced community.  X-x3. Accordingly, IT IS ORDERED that permission to withdraw the FCC Form 329"B 0*0*0*" rate complaint against cable programming service rates in the abovenoted community IS GRANTED, and the review of the resulting rate justification filing IS TERMINATED to the extent discussed herein. x x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhJoAnn Lucanik x` `  hhChief, Financial Analysis and Compliance Division x` `  hhCable Services Bureau x x