Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                 
                              )
In the Matter of                   )    CUID No.  NJ0001 (Absecon)
                              )         
Suburban Cable TV Company, Inc.         )    
                              )              
Complaint Regarding Cable Programming   )              
Services Tier Rates                )              

     
                              ORDER

     Adopted:  May 18, 1999             Released:  May 20, 1999  

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

     1.   In this Order we consider complaints against the above-referenced operator ("Operator") for
its cable programming services tier ("CPST") in the community referenced above.  We have already issued a
separate order in which we found Operator's rates in effect before May 15, 1994 to be unreasonable ("Prior
Order").  In our Prior Order, we stated that our findings "do not in any way prejudge the reasonableness of
the prices for CPS service after May 14, 1994 . . ."  This Order addresses the reasonableness of Operator's
CPST rates in effect after May 14, 1994.

     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 upon the filing of
a valid complaint.  The local franchise authority ("LFA") for the franchise area referenced above filed a
complaint with the Commission on September 8, 1994 against Operator's July 15, 1994 CPST rate increase. 
Section 623(c)(3) of the Communications Act requires that complaints be filed within "a reasonable period of
time" following a change in rates.  We determined that "a reasonable period of time" is 45 days.  In order to
facilitate subscriber knowledge of the nature and extent of a rate increase and provide evidence of
subscribership and the rate and service involved, we determined that we would compute the time period for
filing a complaint from the date the complainant receives a bill from a cable operator that reflects the rate
change.  Section 76.953 of the Commission's rules, in effect at the time the complaint was filed, provides that
complaints against CPST rate increases must be filed with the Commission within 45 days from that date.  That
provision does not apply to a complaint filed by the LFA which does not receive a bill.  The LFA must file a
complaint within 45 days of the date that rate increase becomes effective.  Therefore, we will dismiss the
September 8, 1994 complaint filed by the LFA against Operator's July 15, 1994 CPST rate increase because
the complaint was not timely filed with the Commission.

     3.   To justify rates for the period beginning May 15, 1994, 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 adjust their rates on an annual basis using FCC Form 1240.  

     4.   Upon review of Operator's FCC Form 1200, we adjusted Operator's Line C2 (Number of
Regulated Non-Broadcast Channels per Tier) from 13 to 7 to reflect the number of non-broadcast channels
from Operator's channel line-up card.  Our adjustment did not have an impact on Operator's maximum
permitted rate ("MPR") of $10.62.  Operator elected to defer refund liability for overcharges associated with
its FCC Form 1200, for the period May 15, 1994 through July 14, 1994, pursuant to the Commission's Rules. 
Operator included its overcharges for the period May 15, 1994 through July 14, 1994 in the refund plan
approved in DA 99-853.  Therefore, Operator's refund liability for the FCC Form 120  does not begin until
July 15, 1994.  Because Operator's actual CPST rate of $9.95, effective July 15,  1994, does not exceed its
FCC Form 1200 MPR of $10.62, we find Operator's actual CPST rate of $9.95, effective July 15, 1994, 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 $9.95, charged by Operator in the franchise area referenced above,
effective July 15, 1994, 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 September 8, 1994 complaint referenced herein against the CPST rate charged by Operator
in the community referenced above IS DISMISSED.

     7.   IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.
0.321, that the November 4, 1993 complaint referenced herein against the CPST rate charged by Operator
in the community referenced above IS GRANTED TO THE EXTENT INDICATED HEREIN. 


                              FEDERAL COMMUNICATIONS COMMISSION


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