FOR FCC RECORD ONLY
$//Friendship Cable, Dovesville, SC, and Beach City, TX, MO&O, DA 95-775//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$


              Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                                DA 95-775


In the Matter of                   )              
                              )    CUID Nos. SC0473 (Dovesville) 
Friendship Cable                   )                TX0206 (Beach City)         
                              )
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 complaints against the prices that the above-captioned
operator ("Operator") was charging for its cable programming service ("CPS") tier in the
communities designated above on the ground that the complaints concern rates that are
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
complaints filed against Operator, while asserting that they challenge CPS rates, challenge
only rates for basic service, not for CPS.  In particular, the record shows that Operator
offered only a basic tier of service, and not a CPS tier, in these communities.  The
complaints therefore do 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
complaints filed prior to May 15, 1994, against the cable programming service prices
charged by Operator in the communities referenced in the caption ARE 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