FOR FCC RECORD ONLY
$//Novato Cable Co., Novato, CA, MO&O, DA 95-654//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
            
                              DA 95-654

In the Matter of:                  )
                              )    
Novato Cable Company               )
                                   )    CUID No. CA0107
Novato, CA                         )
                              )
Order Denying Jurisdiction              )

                    
                       MEMORANDUM OPINION AND ORDER

Adopted:  March 30, 1995                            Released:  April 4, 1995

By the Deputy Chief, Cable Services Bureau:

     1.  In this Order we dismiss complaints against the price Novato Cable Company
d/b/a Chambers Cable ("Operator") was charging for its cable programming service ("CPS")
tier in Novato, California, CUID No. CA0107, 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 Operator, 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 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, Operator submitted a channel line-up and rate card which showed that
it offered only one tier of cable service.  
  
     4.  The complaints under consideration here were filed with the Commission on  FCC
Forms 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 Operator's submissions, 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 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 a
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
complaints filed prior to May 15, 1994, against the cable programming service price charged
by Novato Cable Company d/b/a Chambers Cable, CUID No. CA0107, 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