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

                                )
In the Matter of                )
                                )
  Buckeye Cablevision             )CUID Nos.OH0417 (Rossford)
                                   )OH0019 (Toledo)
                                      )
     Complaints Regarding       )
Cable Programming Services Tier Rates)


                             ORDER

      Adopted:  August 6, 1997    Released:  August 13, 1997  

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

      1.In this Order we consider complaints concerning the rates of the above-captioned operator
("Operator") for its cable programming services tier ("CPST") in the communities referenced above. 
Operator's response includes benchmark justifications filed on the FCC Form 1200 series.  This Order
addresses the reasonableness of Operator's rates for the period after May 14, 1994.  We have already issued
a separate order finding that Operator's rates prior to that date were not unreasonable.  

      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 complaints were 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.  

      4.Operator asserts that its monthly CPST rates are not unreasonable.  Upon review of
Operator's FCC Form 1200 series filing and 1210 filing, we find that Operator has justified its CPST rates
effective May 15, 1994.  

      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 $9.99 charged by Operator in the communities referenced
above, effective May 15, 1994  IS NOT UNREASONABLE.

      6.IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the complaints referenced herein against the CPST rates charged by Operator in the
communities referenced above ARE DENIED.

     FEDERAL COMMUNICATIONS COMMISSION 



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