$//Sonic Cable Television et al., Order, DA 95-561//$
$/Part 76 Subpart N, Cable Rate Regulation/$
$/Motions to Dismiss Rate Complaints/$
FOR RECORD ONLY

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
          DA 95-561

In the Matter of     )
          )
Sonic Cable Television of Northern California   )     CA0991  Livingston, CA
          )
Triax Cablevision USA, L.P.          )     VA0004  Pound, VA    
          )
Caguas-Humacao Cable Systems         )     PR0060  Humacao, PR
          )
Mountain Brook Cablevision, Inc.     )     AL0086  Mountain Brook, AL
          )     
Motions to Dismiss Complaints        )          
Concerning Cable Services Rates      )

          
                                   ORDER


          Adopted: March 21, 1995       Released:  March 24, 1995 


By the Deputy Chief, Cable Services Bureau:

     1.  In this Order we grant several motions to dismiss complaints 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 cable programming
services (CPS) only, and then only upon filing of a valid complaint.  Our review reveals that
the complaints listed at Attachment A below, while asserting that they challenge CPS rates,
either challenge only rates for basic services, not CPS, or raise other issues (timeliness,
residence of complainant within community) that warrant their dismissal.  These complaints
therefore do not trigger the Commission's jurisdiction, and they are accordingly dismissed.  

     2.  When only basic rates, or rates or practices concerning basic service and
equipment, are being challenged, the complaint should properly be brought to the attention of 
the local franchise authority in the first instance, and not filed with this Commission. 
     
     3.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
rules, 47 C.F.R. 0.321, that the motions to dismiss considered herein ARE GRANTED to the
extent discussed above. 

     4.  IT IS FURTHER 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 listed in Appendix A hereto ARE DISMISSED.  

          
          FEDERAL COMMUNICATIONS COMMISSION



          
          Gregory J. Vogt
          Deputy Chief,  Cable Services Bureau 

                               Attachment A

                    Complaints Dismissed by this Order


     
Cable Operator       CUID No., Community   Issue Raised         


Sonic Cable Television     CA0991  Livingston   charge for additional outlets
   of Northern California  
          
Triax Cablevision    VA0004  Pound   complainant does not reside in
    USA, L.P.        community
          
Caguas-Humacao       PR0060  Humacao basic tier only
    Cable Systems    

Mountain Brook       AL0086  Mountain Brook     untimely   
    Cablevision, Inc.