FOR FCC RECORD ONLY
$//TCI Cablevision of Oregon, Inc., MO&O, DA95-383//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
            
                              DA 95-383

In the Matter of:                  )
                              )    
TCI Cablevision of Oregon, Inc.         )    CUID No. OR0105
Jackson County, Oregon             )
                              )
Order Denying Jurisdiction              )
                    
                       MEMORANDUM OPINION AND ORDER

Adopted:  February 28, 1995                          Released:  March 2, 1995

By the Deputy Chief, Cable Services Bureau:

     1.   In this Order we dismiss complaints against the price TCI Cablevision of
Oregon, Inc. ("TCI") was charging for its cable programming service ("CPS") tier in
Jackson County, Oregon, CUID No. OR0105, on the ground that the complaints concern
rates that are outside the jurisdiction and authority of this Commission.  As explained below,
the Commission regulates rates for CPS only, and then only upon filing of a valid complaint. 
Our review reveals that the complaints filed against TCI, while asserting that they challenge
CPS rates, challenge only rates for basic service, not for CPS.  The complaints therefore do
not trigger the Commission's jurisdiction, and they are accordingly dismissed.

     2.   The  Cable Television Consumer Protection and Competition Act of 1992
("Cable Act of 1992") distinguishes among basic cable service, premium cable service, and
cable programming service.  The basic service tier is the minimum package of cable service
that a consumer can buy.  Except in limited circumstances, the Commission does not have
jurisdiction over rates for the basic service tier, and cannot act upon complaints concerning
rates for that tier.  Premium cable service consists of channels that are paid for individually
(per-channel) or per-program.  By statute, these channels are not subject to rate regulation. 
CPS includes all video programming that is not on the basic service tier which the operator
offers as a package of channels.  Rates for CPS tiers are subject to regulation by the
Commission in response to a valid complaint.   

     3.    In this case, TCI's rate justification indicates that as of September 1, 1993, it
only offered one tier of service in Jackson County, Oregon, CUID No. OR0105.  The
channel line-ups and rate cards that TCI submitted support this assertion.
  
     4.    The complaints under consideration here were filed with the Commission on 
FCC Form 329.  FCC Form 329 is used by subscribers or local franchising authorities
wishing to lodge with the Commission a complaint about an operator's CPS rates.  The form 
is entitled "Cable Programming Service Rate Complaint."  While the form is designed for
use in challenging CPS tier rates, the definition of CPS tier rates is not made clear on the
face of the form and it is possible that someone might complete the form without
understanding the difference between basic tier rates, premium service rates, and CPS tier
rates.  

     5.    We have examined the complaints and TCI's response, and we conclude that
the complaints challenge only basic rates, not CPS rates.  Although the complainants indicate
that the rates challenged violate the Commission's rules, the specific information provided by
the complainants indicate that only basic rates are at issue.  When only basic rates are being
challenged, the complaint should properly be brought to the attention of the local franchising
authority in the first instance, and not filed with this Commission.  If the complaints do in
fact challenge CPS rates, the complainants may file a petition for reconsideration providing
information adequate to support their challenge.
     
     6.     Accordingly, IT IS ORDERED, pursuant to Section 623(a)(2)(A) and (B) of
the Communications Act of 1934, as amended, 47 U.S.C. 543(a)(2)(A) and (B), that the
complaints filed prior to May 14, 1994, against the cable programming service price charged
by TCI Cablevision of Oregon, Inc., in Jackson County, Oregon, CUID No. OR0105, ARE
DISMISSED. 

     7.    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