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                                                           Before the
               Federal Communications Commission
                    Washington, D.C.  20554
                    
In the Matter of                )
                                )
Triax Cablevision, USA, L.P.    )  CUID No. IN0659 (Knightstown)
                                )
Small System Filing to Support  )
Cable Programming Services Tier Rates)


                              ORDER

     Adopted:  September 16, 1997            Released:  September 22, 1997   

By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau:
                                 
     1.   In this Order we consider a complaint filed with the Federal Communications Commission
("Commission") on February 24, 1994 regarding the rates that Operator ("Operator") was charging for its
cable programming services tier ("CPST") in the franchise area referenced above.  On November 20, 1995,
Operator filed FCC Form 1230, seeking to justify its CPST rate through the simplified small system cost of
service procedures under the Sixth Report and Order and Eleventh on Reconsideration, MM Docket Nos.
92-266 and 93-215 ("Small System Order").  We will grant Operator's request for small system relief under
the Small System Order and, based on our review of Operator's FCC Form 1230 filing, find the CPST rate
to be not unreasonable. 

     2.   Under the Communications Act and the Commission's rules, the Commission must review
a cable operator's rate for its CPST 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 CPST rate.  Under the
Commission's rules, an operator may attempt to justify its CPST rate through a benchmark showing, a cost
of service showing, or a small system cost of service showing.  In any case, the operator has the burden of
demonstrating that its rate is 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.  In a further effort to offer
small cable companies administrative relief from rate regulation, the Commission amended the definition
of small cable companies and small systems and introduced a simplified form of small system rate relief in
the Small System Order.  Cable systems serving 15,000 or fewer subscribers, and owned by a company
having 400,000 or fewer subscribers, may elect to use the small cable system rate mechanism in lieu of other
Commission rate processes, provided the Commission has not reached a final resolution on the rate
complaints filed against the system.  Operators attempting to justify their rates through small system relief
must file FCC Form 1230.  FCC Form 1230 requires that the Operator Selected Per Subscriber Monthly
Programming Rate Per Channel (FCC Form 1230, Line A11) not exceed the Per Subscriber, Per Channel
Monthly Programming Costs (FCC Form 1230, Line A6).  If the maximum rate established on FCC Form
1230 does not exceed $1.24 per channel, the rate shall be presumed reasonable.
     
     4.   On November 20, 1995, Operator filed FCC Form 1230 seeking to justify its CPST rate
through the simplified small system cost of service procedures under the Commission's Small System Order. 
In support of its rate justification, (1) the operator stated the company had "approximately 390,000 basic
subscribers" and (2) the operator's FCC Form 1230 indicates, on Line A2, that the system in question had
a total of 614 subscribers.  We find that at the time of the filing of its FCC Form 1230,  Operator was a
company with fewer than 400,000 total subscribers.  We also find that, at the time Operator filed its FCC
Form 1230, the system in question served fewer than 15,000 subscribers, making it eligible for small system
relief.  Upon review of Operator's FCC Form 1230, we find that Operator's actual CPST rate of $13.17, as
reported on Line A11, is not unreasonable. 

     5.   Accordingly, IT IS ORDERED, pursuant to Section 76.934 of the Commission's rules, 47
C.F.R. 76.934, that Operator's request for small system relief IS GRANTED.

     6.   IT IS FURTHER ORDERED that the CPST rate of $13.17 charged in the community
referenced  above IS NOT UNREASONABLE.
     7.   IT IS FURTHER ORDERED that the complaint against the February 24, 1994 CPST rate
charged by Operator during the period under review in the community referenced above IS DENIED.
     
     8.   This action is taken pursuant to delegated authority under Section 0.321 of the Commission's
rules, 47 C.F.R. 0.321.

                         FEDERAL COMMUNICATIONS COMMISSION



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