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

In the Matter of                   )    
                              )    CUID No.  PA1344 (Mt. Lebanon)     
     
Mt. Lebanon Cablevision, Inc.           )              
d/b/a Adelphia Cable Communications          )
                              )
Complaint Regarding                )              
Cable Programming Services Tier Rates   )              
     
           
ORDER                           

     Adopted:  April 16, 1998           Released:  April 20, 1998  

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

     1.   In this Order we consider a complaint against the rates charged by the above-referenced
operator ("Operator") for its cable programming services tier ("CPST") in the community referenced above. 
We have already issued an order in which we resolved all the complaints filed through December 31, 1995
against Operator's CPST rates.  This Order addresses only the reasonableness of Operator's August 1, 1997
CPST rate increase.  

     2.   Under the Communications Act, the Federal Communications Commission ("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
January 28, 1998, against Operator's August 1, 1997 CPST rate increase from $15.49, including franchise
fees, to $21.43, including franchise fees.  The LFA verified that it received more than one subscriber
complaint.  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 are permitted to make changes to their rates on
a quarterly basis using FCC Form 1210.  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 the projected period August 1, 1996 through
July 31, 1997, we find that Operator has correctly calculated its maximum permitted rate ("MPR").

     6.   Upon review of Operator's FCC Form 1240 for the projected period August 1, 1997 through
July 31, 1998, we adjusted the True-Up Period designation on Page 1 to May 1, 1996 through April 30, 1997,
rather than May 1, 1996 through July 31, 1997, to reflect the True-Up Period actually used by Operator in the
FCC Form 1240.  Our adjustment did not affect Operator's calculated MPR for the projected period.  Because
Operator's actual CPST rate of $20.79, excluding franchise fees, does not exceed its MPR, we find Operator's
actual CPST rate of $21.43, including franchise fees, effective August 1, 1997, to be reasonable.  

     7.   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 $21.43, including franchise fees, charged by Operator in the franchise
area referenced above, effective August 1, 1997 through the present,  IS REASONABLE.
     
     8.    IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that Operator take into account our FCC Form 1240 adjustment when calculating its maximum
permitted rate and performing the true-up calculation on its next FCC Form 1240.     

     9.   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