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

                                )
In the Matter of                )
                                )
TCI Communications              )  CUID No.  OH0093 (Marietta)
                                )            
                                )                           
     Complaint Regarding        )
Cable Programming Services Tier Rates)


                             ORDER

      Adopted:  May 14, 1999            Released:  May 19, 1999  

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

     1.   In this Order we consider a complaint concerning the February 1, 1995 rate increase of the
above-referenced operator ("Operator") for its cable programming services tier ("CPST") in the community
referenced above.  Operator's response includes benchmark justifications filed on FCC Forms 1200 and 1210. 
This Order addresses only the reasonableness of Operator's February 1, 1995 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.  The Cable Television Consumer Protection and Competition Act of 1992 ("1992
Cable Act"), and our rules in effect at the time the complaint was filed, required the Commission to review
CPST rates upon the filing of a valid complaint by a subscriber.  The filing of a valid complaint triggers an
obligation on behalf of the cable operator to file a justification of its CPST rates.  If the Commission finds the
rate to be unreasonable, it shall determine the correct rate and any refund liability.  

     3.   Operators must use the FCC Form 1200 series to justify their rates for the period  beginning
May 15, 1994.  Cable operators may also justify rate increases based on the addition and deletion  of channels,
changes in certain external costs, and inflation, by filing FCC Form 1210.  FCC  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 rate to be unreasonable less than one year prior to the filing, or where there is a pending
complaint against the CPST rate.  

     4.   Upon review of Operator's FCC Form 1200, and FCC Form 1210s covering the period from
April 1, 1994 through December 31, 1994, we find Operator's actual CPST rate of $11.34, effective February
1, 1995, to be reasonable. 

     5.   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 $11.34, charged by Operator in the community referenced above,
effective February 1, 1995, IS REASONABLE.
     
     6.   IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.
 0.321, that the complaint referenced herein against the CPST rate charged by Operator in the community
referenced above IS DENIED.

     
                              FEDERAL COMMUNICATIONS COMMISSION 



                              Patrick A. Boateng
                              Acting Chief, Financial Analysis and Compliance Division
                              Cable Services Bureau