FOR FCC RECORD ONLY
$//New Channels Corporation, Oneonta, New York, MO&O, DA 95-391//$
$/ 76.922 Rates for the basic service tier and cable programming services tier/$
$/benchmark cable rates/$
                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                 DA-95-391 
  



In the matter of                   )
                              )
Suburban Cable TV Co., Inc.      )      CUID Nos. PA0103, PA2556
Manor Township, Pennsylvania,    )                  
Town of East Drumore, Pennsylvania      )
                              )
Order Denying Jurisdiction         )



                       Memorandum Opinion and Order


     Adopted:  March 1, 1995            Released:  March 2, 1995

By the Deputy Chief, Cable Services Bureau:

     1.   In this Order we dismiss complaints against the prices Suburban Cable TV
Co., Inc., ("Suburban") was charging for its cable programming service ("CPS") tiers in
Manor Township, Pennsylvania, CUID No. PA0103, and in the Town of East Drumore,
Pennsylvania, CUID No. PA2556, on the grounds 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 Suburban, 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.   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.  Suburban
filed motions to dismiss the complaints for Manor Township and for the Town of East
Drumore on the ground that, in each case, the complaints filed did not pertain to rates for
CPS.  A review of the Forms 329 filed for the two communities supports Suburban's
assertions in its motions to dismiss.   

     4.    Further, based on our review we conclude that the complaints challenge only
charges for converter boxes, not CPS rates.  Although the complainants indicate that the
rates challenged violate the Commission's rules, the specific information provided by the
complainants indicates that only converter charges are at issue.  When only equipment
charges 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.

     5.     The Form 329 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 what elements of cable service are included in CPS. 
If, however, 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 prices charged
by Suburban Cable TV Co., Inc., in Manor Township, Pennsylvania, and the Town of East
Drumore, Pennsylvania, respectively, CUID Nos. PA0103 and PA2556, 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