FOR FCC RECORD ONLY
$//Tele-Media, Martha Vineyard, MO&O, DA 95-253///$
$/76.953(c) Rates for Cable Programing Service Tiers/$
$/cost of service rates/$        

                                BEFORE THE
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                                                                                                                                   
                                                                                                                     
     DA 95-253

In the Matter of)
     )
Cable Programming Service        )     CUID No. MA0273 
Complaint filed against Tele-Media     )          
of Martha's Vineyard  )
     )
Concerning Cable Programming Service Rates   )    


                                   ORDER

     Adopted:  February  17, 1995Released:  February 21, 1995

By the Deputy Chief, Cable Services Bureau:

     1.  In this Order we dismiss a complaint against the price Tele-Media of Martha's
Vineyard was charging for its cable programming service ("CPS") tier in Martha Vineyard,
Massachusetts, CUID No. MA0273, on the grounds that the complaint was untimely filed. 
The Commission regulates rates for CPS only upon the filing of a valid complaint.  As
explained below, our review revealed that this complaint was untimely filed.  Therefore, the
Commission lacks statutory jurisdiction to consider this complaint, and accordingly it is
dismissed.

     2.  The Cable Television Consumer Protection and Competition Act of 1992 provides
that a complaint concerning existing rates may be filed within a 180-day period following the
effective date of the regulations prescribed by the Commission.  The filing of a valid
complaint within the 180-day time limit establishes our jurisdiction to review CPS rates that
were in effect on the effective date of our regulations.  The Commission's cable rate
regulation rules became effective September 1, 1993, thereby establishing February 28, 1994, 
as the deadline for filing complaints concerning then-existing CPS rates.  The complaint in
this proceeding was not filed until March 1, 1994, which makes it untimely.  Therefore, we
lack statutory jurisdiction to consider this complaint.  

     3.  Accordingly, IT IS ORDERED, pursuant to Section 623(c)(3) of the
Communications Act of 1934, as amended, 47 U.S.C.  543(c)(3), that the complaint filed
against the cable programming service price charged by Tele-Media of Martha's Vineyard,
CUID No. MA0273, is HEREBY DISMISSED.

     4.  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


     

     Gregory J. Vogt
     Deputy Chief,  Cable Services Bureau