FOR FCC RECORD ONLY
$//Northland Cable Properties Two Limited Partnership, Burnet, TX, MO&O, DA 95-606//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
            
                              DA 95-606

In the Matter of:                  )
                              )    
Northland Cable Properties Two          )
Limited Partnership                     )    CUID No. TX0046
Burnet, Texas                 )
                              )
Order Denying Jurisdiction              )

                    
                       MEMORANDUM OPINION AND ORDER

Adopted:  March 24, 1995                            Released:  March 27, 1995

By the Deputy Chief, Cable Services Bureau:

     1.  In this Order we dismiss a complaint against the price Northland Cable Properties
Two Limited Partnership d/b/a Northland Cable Television ("Northland") was charging for
its cable programming service ("CPS") tier in Burnet, Texas, CUID No. TX0046, on the
ground that the complaint concerns 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 complaint filed against
Northland, while asserting that it challenges CPS rates, challenges only rates for basic
service, not for CPS.  The complaint therefore does not trigger the Commission's
jurisdiction, and it is 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, Northland  filed an FCC Form 393 which showed that it offered only
one tier of cable service.  The channel line-up and rate card that Northland submitted with its
FCC Form 1200 support this conclusion.
  
     4.  The complaint under consideration here was 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 complaint and Northland's FCC Forms 393 and 1200, and
we conclude that the complaint challenges only basic rates, not CPS rates.  Although the
complainant indicates that the rates challenged violate the Commission's rules, the specific
information provided by the complainant indicates 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 complaint does in fact challenge CPS rates, the complainant may file a
petition for reconsideration providing information adequate to support his 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
complaint filed prior to May 15, 1994, against the cable programming service price charged
by Northland Cable Properties Two Limited Partnership d/b/a Northland Cable Television, in
Burnet, Texas, CUID No. TX0046, IS 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