Federal Communications Commission DA 96-447
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of )
)
Insight Communications Company ) CUE) No. CA1224 (Claremont) 
dba Insight Cablevision )
Benchmark Filing to Support ) 
Cable Programming Service Price )
MEMORANDUM OPINION AND ORDER 
Adopted: March 27, 1996 Released: April 8, 1996
By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:
1. Here we consider complaints about the rates the above-captioned operator 
("Operator") was charging for its cable programming service ("CPS") tier in the community 
referenced above. Operator's response includes a benchmark justification on FCC Form 1200. 
This Order addresses the reasonableness of Operator's rates only after May 14, 1994. We 
have already issued a separate order addressing the reasonableness of Operator's rate prior to 
that date.1
2. Under the Cable Television Consumer Protection and Competition Act of 1992,2 
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review 
CPS rates upon the filing of a complete and timely complaint. The filing of a complete and 
timely complaint triggers an obligation on behalf of the cable operator to file a justification of 
its CPS rates.3 Under the Commission's Rules, an operator may attempt to justify its rates
1 See Insight Communications Company dba Insight Cablevision, 10 FCC Red. 6507 (1995).
2 Pub. L. No. 102-385,106 StaL 1460 (1992) ("1992 Cable Act"); Communications Act, § 623(c), as amended, 
47 U.S.C. § 543(c) (1993).
3 47 C.F.R. § 76.956.
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through either a benchmark showing or a cost-of-service showing.4 In either case, the 
operator has the burden of demonstrating that its CPS rates are not unreasonable.5
3. The Commission's original rate regulations took effect on September 1, 1993.6 The 
Commission subsequently revised its rate regulations effective May 15, 1994.7 Operators with 
complete and timely CPS complaints filed against them prior to May 15, 1994 must 
demonstrate that their CPS 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.8 Operators attempting to 
justify their rates for the period prior to May 15, 1994 through a benchmark showing must 
complete and file FCC Form 393.9 To justify then1 rates for the period beginning May 15, 
1994 through a benchmark showing, operators must use the FCC Form 1200 series.10 
Operators may also justify rate increases based on the addition and deletion of channels, the 
changes in certain external costs, and inflation by filing FCC Form 1210.11 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 tier rate to be unreasonable less than 
one year prior to the filing, or where there is a pending complaint against the cable 
programming service tier rate.12
4. Operator asserts that its monthly CPS tier rates are justified because the rates are 
equal to or lower than the maximum permitted charges. Upon review of Operator's FCC 
Form 1200 series filings, we agree. We found no apparent errors in Operator's calculation of
A 47 C.F.R. § 76.956(b). 
s Id.
6 Order in MM Docket No. 92-266, Implementation of Sections of the Cable Consumer Protection and 
Competition Act of 1992: Rate Regulation, FCC 93-372, 58 Fed. Reg. 41042 (Aug. 2, 1993).
7 47 C.F.R. § 76.922(b).
8 Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, MM 
Docket No. 92-266, FCC 94-38, 9 FCC Red 4119, 4190 (1994) ("Second Order on Reconsideration").
9 Id.
10 47 C.F.R. § 76.922(b)(6); see also Second Order on Reconsideration, 9 FCC Red at 4189 n.195.
11 47 C.F.R. § 76.922(d).
12 See 47 C.F.R. § 76.960; Second Order on Reconsideration, 9 FCC Red at 4190.
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its maximum permitted CPS rates. Therefore, Operator's FCC Form 1200 series rates for the 
period under review are justified.
5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's 
Rules, 47 C.F.R. § 0.321, that the complaints referenced herein against the cable 
programming service rates charged by Operator in the franchise area referenced in the caption 
during the period following May 14, 1994 ARE DENIED TO THE EXTENT INDICATED 
HEREIN.
FEDERAL COMMUNICATIONS COMMISSION
JoAnn Lucanik, Chief
Financial Analysis and Compliance Division
Cable Services Bureau
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