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


In the Matter of                )
                                )
Global Acquisition Partners     )
 d/b/a Adelphia Cable Communications)CUID No. NY0854 (Clarence)
                                )
Complaints Regarding            )
Cable Programming Services Tier )
Rate Increase                    
                                  ORDER

         Adopted:  December 16, 1996 Released:  December 19, 1996  

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

      1.In this Order we consider complaints against the August 1, 1996 rate increase by
Global Acquisition Partners, d/b/a Adelphia Cable Communications ("Adelphia") for its cable
programming services tier ("CPST") in Clarence, New York CUID No. NY0854. This Order
addresses only the reasonableness of Adelphia's rate increase of August 1, 1996.  We conclude that
the CPST rate increase of $3.86 that Adelphia began charging on August 1, 1996 is not
unreasonable.

      2.The Communications Act authorizes the Federal Communications Commission
("Commission") to review the CPST rates of cable systems not subject to effective competition to
ensure that rates charged are not unreasonable.  The Telecommunications Act of 1996 ("the 1996
Act") and our rules implementing the new legislation, require that complaints against the CPST
rates be filed with the Commission by a franchising authority that has received subscriber
complaints.  A franchising authority may not file a CPST rate complaint unless it receives more than
one subscriber complaint within 90 days after such increase becomes effective.   If the Commission
finds the rate unreasonable, it shall determine the correct rate and any refund liability.
                                                               
      3.To justify rates for the period beginning May 15, 1994 through a benchmark or cost
of service showing, operators must use the FCC Form 1200 series.  Operators may justify
adjustments to their rates on an annual basis using FCC Form 1240 to reflect reasonably certain and
quantifiable changes in external costs, inflation, and the number of regulated channels that are
projected for the twelve months following the rate change.  Any incurred cost that is not projected
may be accrued with interest and added to rates at a later time.  If actual and projected costs are
different during the rate year a "true-up" mechanism is available to correct estimated costs with
actual cost changes.  The "true-up" requires operators to decrease their rates or alternatively permits
them to increase their rates to make an adjustment for over or under estimations of these cost
changes.  

      4.On August 9, 1996 and September 19, 1996, the local franchising authority State of
New York Department of Public Service ("State") filed complaints against Adelphia's August 1,
1996 CPST rate increase in Clarence, New York.  The State has certified that it has complied with
the Interim Rules.  In response, Adelphia submitted its FCC Form 1240 to the State on September
10, 1996 to justify the rate increase that went into effect on August 1, 1996.  The State filed its
complaint with the Commission on October 2, 1996 along with Adelphia's FCC Form 1240.  

      5.Upon review of the record before us, we find that Adelphia has provided sufficient
evidence to support a CPST rate increase of $3.86 in Clarence, New York.  We conclude, therefore,
that Adelphia's CPST rate increase of $3.86 which went into effect August 1, 1996  is  justified.  

      6.Accordingly, IT IS ORDERED, pursuant to Section 0.32l of the Commission's rules,
47 C.F.R. Section 0.321 that the monthly CPST rate increase of $3.86 for Clarence, New York,
CUID No. NY0854 charged by Adelphia beginning August 1, 1996 IS NOT UNREASONABLE.

      7.IT IS FURTHER  ORDERED, pursuant to Section 0.32l of the Commission's rules,
47 C.F.R. Section 0.321 that the State's complaints against the CPST rate increase, effective August
1, 1996, charged by Adelphia in Clarence, New York, CUID No. NY0854 ARE DENIED.

     FEDERAL COMMUNICATIONS COMMISSION 



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