WPC' 2MBVRKZ3|j7jC:,9Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4M (PCL); Rm. 505; LPT2tional)HL4MPCAD.PRSXj\  P6G;\U xXP2  <K3|jTimes New RomanTimes New Roman BoldTimes New Roman Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2Y ZR KX HP4M (PCL); Rm. 505; LPT2tional)HL4MPCAD.PRSXj\  P6G;\U xXP"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd  #Xj\  P6G;9XP#X01Í ÍX01Í Í DA 96 324 ĐX(#A  X -In the Matter of / /  1)  X - ''i / /  1)  X -  Sammons Communications/ /  1)77YCUID Nos. VA0052 (Colonial Heights)  X -''i / /  1)77Y VA0054 (Petersburg) ''i / /  1)  X-Benchmark Filing to Support  1)77Y  Xy-Cable Programming Service Price 1)  X4-  MEMORANDUM OPINION AND ORDER ă  X-''iAdopted: March 11, 1996177YReleased: April 3, 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)''i1. Here we consider complaints about the rates the abovecaptioned operator ("Operator") was charging for its cable programming service ("CPS") tier in the communities referenced above. Operator's response to these complaints include a benchmark justification on FCC Form 1200.  Xe-This Order addresses the reasonableness of Operator's rates only after May 14, 1994. We have  XN-already issued a separate order addressing the reasonableness of the rate prior to that date.NA X-ԍ See Sammons Communications, Inc., DA 95449 (Cab. Serv. Bur., released March 9,  X-1995).ġ  X -''i2. Under the Cable Television Consumer Protection and Competition Act of 1992, dA X5"-ԍ Pub. L. No. 102385, 106 Stat. 1460 (1992) ("1992 Cable Act"); Communications Act,   X#-623(c), as amended, 47 U.S.C.  543(c) (1993). and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review CPS prices upon the filing of a complete and timely complaint. The filing of a complete and timely complaint  X-triggers an   obligation on behalf of the cable operator to file a justification of its CPS prices.@A X'-ԍ 47 C.F.R.  76.956.@ Under the Commission's Rules, an operator may attempt to justify its prices through either a" 0*0*0*"  X-benchmark showing or a costofservice showing.CA X=)-ԍ 47 C.F.R.  76.956(b).C In either case, the operator has the burden "b 0*0*0*"Ԍ X-of demonstrating that its CPS prices are not unreasonable.3 Xy-ԍ Id.3  X-  X-''i3. The Commission's original rate regulations took effect on September 1, 1993.{ X-ԍ Order in MM Docket No. 92266, Implementation of Sections of the Cable Consumer Protection and Competition Act of 1992: Rate Regulation, FCC 93372, 58 Fed. Reg. 41042 (Aug. 2, 1993). The  X-Commission subsequently revised its rate regulations effective May 15, 1994.C Xj -ԍ 47 C.F.R.  76.922(b).C Operators with complete and timely 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  X_-revised rules from May 15, 1994 forward.w_ X-ԍ See Second Order on Reconsideration, 9 FCC Rcd at 4190, paras. 150152.w Operators attempting to justify their prices for the period prior to May 15, 1994 through a benchmark showing must complete and file FCC Form  X1-393.3 1b  XD-ԍ Id.3 To justify their prices for the period beginning May 15, 1994 through a benchmark showing,  X -operators must use the FCC Form 1200 series.    X-ԍ 47 C.F.R.  76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Rcd at 4189 n.195. Operators may also justify rate increases based on the addition and deletion of channels, the changes in certain external costs, and inflation by filing  X -FCC Form 1210.C  XN-ԍ 47 C.F.R.  76.922(d).C 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  X -the cable programming service tier rate.  b X-ԍ See 47 C.F.R.  76.960; Second Order on Reconsideration, 9 FCC Rcd at 4190, para. 152. " 0*((" ''i4. Operator asserts that its monthly CPS tier prices are justified because the prices are equal to or lower than the maximum permitted charges. Upon review of Operator's FCC Form 1200, we agree. We found no apparent errors in Operator's calculation of its maximum permitted CPS rates. Therefore, Operator's FCC Form 1200 rates for the period under review are justified. ''i5. 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 cable programming service prices charged by Operator in the franchise areas referenced in the caption during the period following May 14, 1994 ARE DENIED TO THE EXTENT INDICATED HEREIN. ''i ''i ''i / /  FEDERAL COMMUNICATIONS COMMISSION ''i / /  JoAnn Lucanik ''i / /  Chief, Financial Analysis and Compliance Division ''i / /  Cable Services Bureau ''i / /  1