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

    In the Matter of)
     )
  Dynamic Cablevision of Florida)   CUID No.  FL0416 (Unincorp. Dade County)
     d/b/a Continental Cablevision     )        
           )     
                 )      
        )
          Complaint Regarding    )  Cable
                         Programming Services Tier Rates    )


                              ORDER

         Adopted:  July 22, 1997Released:  July 28, 1997  

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

      1.In this Order we consider a complaint against the January 1, 1997 rate increase that the
above-captioned operator ("Operator") implemented for its cable programming services tier ("CPST") in
the community set forth above.  Operator has attempted to justify its CPST rate increase through a
benchmark showing on FCC Form 1210.  We have already issued an order which resolved complaints filed
from September 1, 1993 through March 6, 1996 against the Operator in the community referenced above
("Amended Social Contract").  Accordingly, this Order addresses the reasonableness of the Operator's CPST
rate of $12.89 effective January 1, 1997.

      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.  If the Commission finds the rate 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 subscriber complaints.  An
LFA may not file a CPST rate complaint unless, within 90 days after such increase becomes effective, it
receives more than one subscriber complaint.
                                                               
      3.The Commission's original rate regulations took effect on September 1, 1993.  The
Commission revised its rate regulations effective May 15, 1994.  Cable operators attempting to justify rates
for the period beginning May 15, 1994 through a benchmark showing must use the FCC Form 1200 series. 
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 CPST rate to be
unreasonable less than one year prior to the filing, or where there is a pending complaint against the CPST
rate.
 
      4.On May 28, 1997, the LFA filed a complaint against the Operator's January 1, 1997 CPST
rate increase.  In its complaint, the LFA asserts that it has received more than one subscriber complaint
against Operator's CPST rate increase, thereby triggering the Commission's jurisdiction to review this
complaint  The valid complaint from the LFA triggers an obligation on the cable operator to file a
justification of its CPST rate with the LFA.  Thus, Operator is required to justify the increase in its CPST
rate which is the subject of the LFA's complaint.  Operator submitted a modified FCC Form 1210 pursuant
to the terms of the Amended Social Contract between Continental Cablevision, Inc. ("Continental") and the
Commission for the community set forth above to justify the rate increase that went into effect on January
1, 1997.  We note that Operator provides services on three CPSTs, CPST-1, CPST-2, and CPST-3.  The
LFA's complaint only challenges Operator's rate increase for CPST-1.  Consequently, in this Order, the term
CPST refers to CPST-1.   

      5.To justify its CPST rate, effective January 1, 1997, Operator submitted the above-referenced
FCC Form 1210.  Pursuant to the Amended Social Contract, Operator carried forward its prior actual CPST
rate on Line A2 on its FCC Form 1210 for the period July 1, 1996 to December 31, 1996.  Upon review
of Operator's FCC Form 1210 we find that Operator has justified its CPST rate of $12.89, effective January
1, 1997.

      6.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that Operator's CPST rate of $12.89, effective January 1, 1997, in the community set forth
above, IS NOT UNREASONABLE.
     
      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, IS DENIED.

     FEDERAL COMMUNICATIONS COMMISSION 



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