FOR FCC RECORD ONLY
$//Century Cable TV, Brunswick, Georgia, MO&O, DA-1531//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$
                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                    DA 94-       1531       
        

In the matter of                   )
                              )
Century Cable TV                   )
Brunswick, Georgia                 )            CUID No. GA0040 
                              )                        
Benchmark Filings To Support       )                  
Cable Programming Service Prices        )



                       Memorandum Opinion and Order

Adopted:  December 19, 1994                       Released:  December 20, 1994

By the Chief, Cable Services Bureau:


Introduction

     1.  Here we consider complaints about the prices Century Cable TV ("Century")
charges for its cable programming service ("CPS") tiers in the City of Brunswick, Georgia
(CUID No. GA0040).  Rather than attempting to justify its prices through a benchmark or
cost of service showing, Century responded to the complaints by stating that it has no CPS
tier in that system.

     2.  Under the Cable Television Consumer Protection and Competition Act of 1992,
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review
CPS prices upon the filing of a valid complaint.  The filing of a valid complaint triggers an
obligation on behalf of the cable operator to file a justification of its CPS prices.  Under our
rules, an operator may attempt to justify its prices through either a benchmark showing or a
cost-of-service showing.  In either case, the operator has the burden of demonstrating that its
CPS prices are not unreasonable.

     3.  The Commission's original rate regulations took effect on September 1, 1993. 
The Commission subsequently revised its rate regulations effective May 15, 1994. 
Operators with valid CPS complaints filed against them prior to May 15, 1994 must
demonstrate that their CPS prices were in compliance with the Commission's initial rules
from the time the complaint was filed through May 14, 1994, and that their prices were in
compliance with the revised rules from May 15, 1994 forward.  Operators attempting to
justify their prices for the period prior to May 15, 1994 through a benchmark showing must
complete and file FCC Form 393.  Generally, to justify their prices for the period beginning
May 15, 1994 through a benchmark showing, operators must use the FCC Form 1200
series.

Procedural Matters

     4.  On December 12, 1994, the Cable Services Bureau released an order resolving
letters of inquiry ("LOI") regarding Century's system in the City of Brunswick.  The order
addressed the restructured service offerings implemented in this franchise area beginning
September 1, 1993, in which Century eliminated its CPS tiers and offered instead only a
basic service tier and six a la carte channels.  The Bureau found that Century's restructured
service offerings do not constitute a clear evasion of our rate rules.  Specifically, Century did
not avoid rate regulation of most of its previous CPS channels because it moved those
channels into a rate-regulated basic tier.  With regard to the other six channels, the order
permits Century to treat its a la carte package as a new product tier that may be priced at
market levels under our recently adopted Going Forward Order.

Discussion

     5.  Except in certain limited circumstances, the Commission's authority to regulate
cable service rates is limited to the rates charged for CPS tiers.  As mentioned above, the
Commission's jurisdiction to regulate CPS tiers is triggered by the filing of an FCC Form
329 complaint.  Our recent LOI order found that the elimination of Century's CPS tiers does
not constitute a clear evasion of rate regulation and those channels not placed on the basic
service tier could be treated as a new product tier under the Going Forward Order. 
Therefore, we need not rule on the FCC Form 329 complaints filed against Century in the
City of Brunswick because there was no CPS tier subject to rate regulation pursuant to
Section 76.922 of our rules as of September 1, 1993 in the City of Brunswick.  In addition,
nothing in those complaints indicates that Century's new product tier violates any of the
conditions for establishing that tier outlined in the Going Forward Order. 
Conclusion

     6.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the review of Century Cable TV's CPS rates is terminated
and all FCC Form 329 complaints pending against Century Cable TV's CPS rates in the City
of Brunswick, Georgia (CUID No. GA0040) are DISMISSED.



     FEDERAL COMMUNICATIONS COMMISSION




     Meredith J. Jones
     Chief, Cable Services Bureau