FOR FCC RECORD ONLY
$//Mark Twain Cablevision, Inc., Plainview, MN, Letter, DA 95-777/$
$/76.901, Exemption of Small Systems from Rate Regulation/$
$/benchmark cable rates/$            
              FEDERAL COMMUNICATIONS COMMISSION
                           WASHINGTON, DC 20554


                                                         IN REPLY REFER TO:

                              April 10, 1995                      DA 95-777
                                                  Released:  April 12, 1995




Paul Glist, Esq.
Cole, Raywid & Braverman
1919 Pennsylvania Avenue, N.W., #200
Washington, D.C. 20006-3456

Dear Mr. Glist:

     This letter is in reference to the motion to dismiss filed on March 21, 1994 by Mark
Twain Cablevision, Inc. ("Mark Twain"), with respect to a complaint filed March 7, 1994,
against the price Mark Twain was charging for cable programming service in Plainview,
Minnesota, CUID No. MN0579.  In that motion, you state that Mark Twain is not required
to justify its rates prior to May 15, 1994, because Mark Twain's Plainview, Minnesota
system has less than 1,000 subscribers.  Based on the information you have provided, it
appears that the Plainview system qualifies as a "small system" pursuant to 47 C.F.R. 
76.901(c), and was therefore exempt from rate regulation until May 15, 1994.

     We will rule at a later date on Mark Twain's justification under the Commission's
revised rate regulations of its cable programming service rates in Plainview beginning May
15, 1994.  

     Should you have any questions regarding this matter, please contact Peter G. Wolfe 
at (202) 739-0783.

                                   Sincerely,



                                   Gregory J. Vogt     
                                   Deputy Chief
                                   Cable Services Bureau

cc:  City of Plainview
     Steven L. Erwin