FOR FCC RECORD ONLY
$//Warner Cable of Harrisonburg,
MO&O, DA-95-423//$$/76.922 Rates for Cable Programming Service
tier/$$/benchmark cable rates/$
                                     
                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                            DA 95-423

In the matter of                   )
                              )    
Time Warner Cable of Harrisonburg  )
Harrisonburg, Virginia                  )    CUID No. VA0035     
                              )                   
                              )
Benchmark Filing To Support        )
Cable Programming Service Price         )



                       Memorandum Opinion and Order

Adopted:  March 3, 1995                      Released:  March  7, 1995

By the Deputy Chief, Cable Services Bureau:

Introduction

     1.   Here we consider a complaint about the price Time Warner Cable of
Harrisonburg ("Warner Cable") was charging for its cable programming service ("CPS") tier
in Harrisonburg, Virginia, CUID No. VA0035.  Warner Cable has attempted to justify its
price through a benchmark showing on FCC Form 393.  This Order addresses the
reasonableness of Warner Cable's price only through May 14, 1994.   At a later time we will
issue a separate order addressing the reasonableness of the price after that date.  
     
     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.   The first complete and timely CPS complaint was completed and served on
Warner Cable on October 12, 1993.  The Commission received the complaint on October 20,
1993.

     5.    Warner Cable attempted to justify its CPS price through an FCC Form 393
filed on November 15, 1993.  Warner Cable amended its justification on July 15, 1994, in
response to a Cable Services Bureau Order citing common deficiencies observed in
benchmark filings generally. 

Discussion
     
     6.    Warner Cable asserts that for CUID No. VA0035, its monthly CPS tier price
of $9.78 per subscriber is justified by its benchmark filing because it is less than the
maximum permitted charge of $9.94 as calculated in the filing.  Upon review of Warner
Cable's Form 393, we have found no apparent errors that would result in Warner Cable's
CPS tier price exceeding its maximum permitted price.

Conclusions

     7.    Upon review of the record herein, we conclude that Warner Cable's showing
supports a CPS tier price of $9.78 per month (plus franchise fee) for the period from
October 20, 1993 to May 14, 1994 in CUID No. VA0035.

     8.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the
Commission's Rules, 47 C.F.R.  0.321, that the October 12, 1993 complaint against the
cable programming service price charged by Time Warner Cable of Harrisonburg in
Harrisonburg, Virginia, CUID No. VA0035, IS DENIED TO THE EXTENT INDICATED
HEREIN.











     9.   IT IS FURTHER ORDERED that the benchmark filing submitted by Time
Warner Cable of Harrrisonburg with respect to CUID No. VA0035, for the period of
October 20, 1993 to May 14, 1994, justifies a price of $9.78 per month (plus franchise fee)
for Warner Cable's cable programming service tier.


                         FEDERAL COMMUNICATIONS COMMISSION




                         Gregory J. Vogt
                         Deputy Chief, Cable Services Bureau