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

                                )
In the Matter of                )
                                )
  Suburban Cable TV Company, Inc. )CUID No.PA1887 (Brookhaven)
                                   )
Complaint Regarding             )
Cable Programming Services Tier Rates)


                             ORDER

      Adopted:  July 17, 1997    Released:  July 21, 1997  

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

      1.In this Order we consider a complaint concerning the rates of the above-captioned operator
("Operator") for its cable programming services tier ("CPST") in the community referenced above. 
Operator's response includes benchmark justifications filed on FCC Forms 1200, 1210 and 1240.  This Order
addresses the reasonableness of Operator's rates for the period after May 14, 1994, as justified on Operator's
FCC Forms 1200, 1210 and 1240. 

      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.  The Cable Television Consumer Protection and Competition Act of 1992
("1992 Cable Act"), and our rules in effect at the time the complaint was filed, required the Commission
to review CPST rates upon the filing of a valid complaint by a subscriber.  The filing of a valid complaint
triggers an obligation on behalf of the cable operator to file a justification of its CPST rates.  If the
Commission finds the rate to be unreasonable, it shall determine the correct rate and any refund liability. 


      3.The Commission's original rate regulations took effect on September 1, 1993.  The
Commission subsequently revised its rate regulations effective May 15, 1994.  Cable operators with valid
CPST complaints filed against them prior to May 15, 1994 must demonstrate that  their CPST rates were in
compliance with the Commission's initial rules from the time the complaint was filed through May 14, 1994,
and that their rates were in compliance with the revised rules from May 15, 1994 forward.  Cable operators
attempting to justify their rates for the period prior to May 15, 1994 using a benchmark showing must
complete and file FCC Form 393.  Operators must use the FCC Form 1200 series to justify their rates for
the period  beginning May 15, 1994 using a benchmark showing.  Cable operators may also justify rate
increases based on the addition and deletion  of channels, changes in certain external costs, and inflation, by
filing FCC Form 1210.  FCC  Form 1210 must be filed at least 30 days before new rates are scheduled to
go into effect where the Commission has found the cable programming service rate to be unreasonable less
than one year prior to the filing, or where there is a pending complaint against the CPST rate.  Operators
may alternatively 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.  
     
      4.Upon review of Operator's FCC Forms 1200, 1210 and 1240, we find that Operator has
justified its CPST rate of $13.01, effective February 15, 1995 to March 31, 1996 and its CPST rate of $14.05,
effective April 1, 1996 to March 31, 1997.  We also find that Operator has justified its CPST rate of $16.05,
effective April 1, 1997.

      5.Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the monthly CPST rate of $13.01 charged by Operator in the community referenced
above, effective February 15, 1995 to March 31, 1996 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 monthly CPST rate of $14.05 charged by Operator in the community referenced
above, effective April 1, 1996 to March 31, 1997 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 monthly CPST rate of $16.05 charged by Operator in the community referenced
above, effective April 1, 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 complaint referenced herein against the CPST rates charged by Operator in the
community referenced above IS DENIED.

     FEDERAL COMMUNICATIONS COMMISSION



     Margaret M. Egler
     Acting Chief, Financial Analysis and Compliance Division
     Cable Services Bureau