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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                 
In the Matter of                   )    
                              )    CUID Nos.      CA0214 (Whispering Palms)
Cox Communications San Diego, Inc.      )              CA0469 ( San Diego)
                              )              CA0640 (Ramona)
Complaints Regarding                    )              
Cable Programming Services Tier Rates   )              
     
           
ORDER                           

     Adopted:  April 16, 1998           Released:  April 21, 1998  

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

     1.   In this Order we consider complaints against the rates charged by the above-referenced
operator ("Operator") for its cable programming services tier ("CPST") in the communities referenced above. 
We have already issued an order in which we resolved all the complaints filed through June 30, 1995 against
Operator's CPST rates.  This Order addresses only the reasonableness of Operator's November 15, 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 November 15, 1997 CPST rate increase from $13.45 to $17.95.  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 increases 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 increases in external costs, inflation, and
the number of regulated channels that are projected for the twelve months following the rate increase.  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 Forms 1210 and 1240 we find Operator's actual CPST rate
of $17.95, effective November 15, 1997, to be 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 $17.95, charged by Operator in the franchise areas referenced above,
effective November 15, 1997, 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 referenced complaints ARE DENIED.

                              FEDERAL COMMUNICATIONS COMMISSION 



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