FOR FCC RECORD ONLY
$//Dismissal of FCC Form 329 Rate Complaints, MO&O, DA 95-258//$
$/47 C.F.R. 76.953(c) Dismissal of Untimely Filed Rate Complaints/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                                                       DA 95-258

In the Matter of     )
              )
Community TV Corporation            )      NH0236  Laconia, NH   
              )
Harron Communications Corp.         )      TX0265  Red Oak, TX
              )
Chambers Communications Corp.       )      WA0100  Snohomish County, WA
              )
Southern Multimedia  )       GA0070  Fulton County, GA
     Communications, Inc.           )      
Cable Video Enterprises, Inc.       )      MO0407  Glasgow, MO
              )      MT0076  Lexington, MO 
Motions to Dismiss Form 329 Complaints     )                     
                                         

                       MEMORANDUM OPINION AND ORDER

              Adopted:  February 16, 1995  Released:  February 21, 1995

By the Deputy Chief, Cable Services Bureau:

       1.  The complaints against operators in the communities captioned above state that
they are being filed to object to a rate increase for the CPS tier.  In each case, the operator
has filed a motion to dismiss the complaint on the basis that it was not timely filed, and thus
is not a valid CPS complaint.  

       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.  The filing of a valid complaint triggers an
obligation on behalf of the cable operator to file a justification of its CPS prices.  Under our
rules, an operator may attempt to justify its prices through either a benchmark showing or a
cost-of-service showing.  In either case, the operator has the burden of demonstrating that its
CPS prices are 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.  Operators with
valid CPS complaints filed against them prior to May 15, 1994 must demonstrate that their
CPS prices were in compliance with the Commission's initial rules from the time the
complaint was filed through May 14, 1994, and that their prices were in compliance with the
revised rules from May 15, 1994 forward.  Operators attempting to justify their prices for the
period prior to May 15, 1994 through a benchmark showing must complete and file FCC
Form 393.  In each case captioned above, the operator did file either an FCC Form 393
benchmark rate justification submission, or a cost of service rate justification submission.

     4.  Under the Commission's rules, a complaint regarding a rate change for the CPS tier
may be filed within 45 days from the date the complainant first receives a bill reflecting the
rate change.  However, after reviewing the records in these cases, we have determined that
these complaints do not relate to changes in regulated CPS rates, but to charges that have
remained unchanged since September 1, 1993.  To challenge such rates, a complaint must be
filed no later than February 28, 1994.  Each of the complaints addressed in this order was
filed after February 28, 1994. The Commission's jurisdiction is triggered by the filing of a
valid complaint.   Because these complaints were filed beyond the statutory deadline,  we
are without jurisdiction, and we accordingly dismiss these complaints. 
 
     5.  Accordingly, IT IS ORDERED, pursuant to Section 76.953(c), 47 C.F.R.
76.953(c), that the complaints set forth in Appendix A ARE DISMISSED.  

     6.  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
     
     
                               Attachment A


CPS Complaints Dismissed by this Order


Operator        CUID, Community  Complainant
      Date Filed  

Community TV Corporation    NH0236  Laconia, NH   Town of Alton
     10/31/94   

Harron Communications Corp. TX0265  Red Oak, TX   City of Red Oak
     01/13/95

Chambers Communications Corp.    WA0100  Snohomish County,    Joseph H. Bailey
     Washington 12/28/94

Southern Multimedia   GA0070  Fulton County, GA   Greg Avedissian
     Communications, Inc.        12/22/93

Cable Video Enterprises, Inc.    MO0407  Glasgow, MO    City of Glasgow
     08/24/94

Cable Video Enterprises, Inc.    MT0076  Lexington, MO  Donna C. Swartz
     07/08/94