Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                                DA 95-772


In the Matter of                   )              
                              )    CUID No. NH0236 (Sanbornton) 
Community TV Corp.            )
                              )    
Order Denying Jurisdiction              )

                       MEMORANDUM OPINION AND ORDER

     Adopted:  April 10, 1995                Released:  April 12, 1995

By the Deputy Chief, Cable Services Bureau:

     1.  In this Order we dismiss a complaint against the price that the above-captioned
operator ("Operator") was charging for its cable programming service ("CPS") tier in the
community designated above on the ground that the complaint concerns a rate that is outside
the jurisdiction and authority of this Commission.  The Commission regulates rates for CPS
only, and then only upon filing of a valid complaint.  Our review reveals that the complaint
filed against Operator, while asserting that it challenges a CPS rate, challenges only the rate
for equipment used to receive the basic service tier, not for CPS.  In particular, the record
shows that the complainant challenged only the additional outlet charge.  The complaint
therefore does not trigger the Commission's jurisdiction.

     2.  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 Operator in the community referenced in the caption IS DISMISSED.

     3.  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