FOR FCC RECORD ONLY
$//Sammons Communications, University Park, Texas], MO&O, DA 95-216//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$          

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                DA 95-216


In the matter of  )
             )
Sammons Communications, Inc.)      
University Park, Texas )      CUID No. TX0545                
             )
Benchmark Filing To Support )
Cable Programming Service Price  )



                       Memorandum Opinion and Order

   Adopted:   February 10, 1995            Released:  February 13, 1995

By the Chief, Cable Services Bureau:


Introduction

   1.  Here we consider a complaint about the price Sammons Communications, Inc.
("Sammons") was charging for its cable programming service ("CPS") tier in University
Park, Texas, CUID No. TX0545.  The complaint was initially filed on November 1, 1993,
but it was returned by the Commission on November 29, 1993 pursuant to 47 C.F.R. 
76.954.  The complainant timely refiled the complaint on December 9, 1993.  Sammons
filed a motion to dismiss the complaint on the ground that the complainant did not subscribe
to Sammons' cable service on the date of either the original complaint or the refiled
complaint.  Attached to the motion to dismiss is an affidavit by Sammons' general manager
certifying that the complainant discontinued cable service on October 13, 1993.

Discussion

   2.  Under the Cable Television Consumer Protection and Competition Act of 1992,
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review
CPS prices upon the filing of a valid complaint.  However, only a "subscriber, franchising
authority, or other relevant State or local government entity" may file a complaint concerning
CPS prices.  Sammons has provided sufficient information to demonstrate that the
complainant did not subscribe to Sammons' cable service at the time he filed either his
original complaint or his refiled complaint.  Furthermore, there is no indication that the
complainant represents a franchising authority or other government entity.  Therefore, we
will grant Sammons' motion and dismiss the complaint.

Conclusions

   3.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the motion submitted by Sammons Communications, Inc. to
dismiss the December 9, 1993 complaint against the cable programming service price
charged in University Park, Texas, CUID No. TX0545, IS GRANTED.

   4.  IT IS FURTHER ORDERED that the December 9, 1993 complaint against the
cable programming service price charged by Sammons Communications, Inc. in University
Park, Texas, CUID No. TX0545, IS DISMISSED.

   

             FEDERAL COMMUNICATIONS COMMISSION                                




             Meredith J. Jones
             Chief, Cable Services Bureau