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


In the Matter of                   )    CUID No.  FL0105 (Sarasota)                                      )              
Comcast Cablevision of West Florida, Inc.    )              
                              )              
Complaint Regarding           )              
Cable Programming Services Tier Rates   )              

      
                             ORDER

     Adopted:  June 6, 1997             Released:  June 11, 1997  

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

     1.   In this Order we consider a complaint against the November 1, 1996 rate increase of
the above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the
community referenced above.  Operator  has attempted to justify its CPST rates for both its rebuild
and non-rebuild areas through benchmark justifications on FCC Form 1240s.  

     2.   Under the Communications Act, the Commission is authorized to review the CPST
rates of cable systems not subject to effective competition to ensure that rates charged are not
unreasonable.  If the Commission finds a rate to be unreasonable, it shall determine the correct rate
and any refund liability.   The Telecommunications Act of 1996 ("1996 Act") and our rules
implementing the new legislation ("Interim Rules"), require that complaints against the CPST rates
be filed with the Commission by a local franchising authority ("LFA") that has received more than
one subscriber complaint. 

     3.   The LFA for the franchise area referenced above filed a complaint with the
Commission on April 22, 1997.  The filing of a complete and timely LFA complaint triggers an
obligation upon the cable operator to file a justification of its CPST rates.  The Operator has the
burden of demonstrating that the CPST rates complained about are reasonable. 

     4.    To justify rates for the period beginning May 15, 1994 through a benchmark
showing, operators must use the FCC Form 1200 series.  Operators may justify adjustments to their
rates on an annual basis using FCC Form 1240 to reflect reasonably certain and quantifiable changes
in external costs, inflation, and the number of regulated channels that are projected for the twelve
months following the rate change.  Any incurred cost that is not projected may be accrued with
interest and added to rates at a later time.
     
     5.   Upon review of Operator's FCC Form 1240 for its non-rebuild area for the projected
period November 1, 1996 through October 31, 1997, we find that Operator's actual rate of $13.66,
effective November 1, 1996, is reasonable.  Upon review of Operator's FCC Form 1240 for its
rebuild area for the projected period November 1, 1996 through October 31, 1997, we find that
Operator's actual rate of $15.14, effective November 1, 1996, is reasonable.

     6.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules,
47 C.F.R.  0.321, that the CPST rate of $13.66, charged by Operator in the non-rebuild section of
the franchise area referenced above beginning November 1, 1996,  IS REASONABLE.

     7.   IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules,
47 C.F.R.  0.321, that the CPST rate of $15.14, charged by Operator in the rebuild section of the
franchise area referenced above beginning November 1, 1996,  IS REASONABLE.

     8.   IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules,
47 C.F.R.  0.321, that the referenced complaint IS DENIED.

                         FEDERAL COMMUNICATIONS COMMISSION 



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