FOR FCC RECORD ONLY
$//James Cable Partners, L.P., D.B.A Cable Florida MO&O, DA 95-831//$
$/ 76.922 Rates for the basic service tier and cable programming services tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.


                     DA 95-831 

In the matter of     )
              )
James Cable Partners, L.P.,         )
D/B/A Cable Florida  )                CUID No. FL0367
Alachua County, Florida             )       
              )      
Complaints Regarding )
Cable Programming Service Price     )

                       Memorandum Opinion and Order

              Adopted: April 14, 1995      Released:  April 19, 1995  

By the Chief, Cable Services Bureau:


       1.  Here we consider a complaint about the price James Cable Partners, L.P., D/B/A
Cable Florida ("James") was charging for its cable programming service ("CPS") tier in
Alachua County, Florida, CUID No. FL0367.  On March 28, 1994, James filed a Motion to
Dismiss ("Motion") asserting that it is subject to effective competition and thus its cable
programming service rate is not subject to regulation by the Commission.   James did not
file a rate justification as required by the Commission. 

     2.  In its Motion James asserts that its cable system is subject to effective competition
because it serves fewer than 30 per cent of the households in its franchise area, which is
comprised of the unincorporated areas within Alachua County.  James makes reference to its
Petition for Reconsideration ("Petition") of the certification of Alachua County, Florida to
regulate basic service rates, which sets out its argument in detail. 
     
     3.  In a Memorandum Opinion and Order released December 23, 1994, the Cable
Services Bureau reviewed James's Petition and found that James is subject to effective
competition in its Alachua County franchise area.  Based on our finding of effective
competition in our December 23, 1994, Memorandum Opinion and Order, James is not
subject to rate regulation in Alachua County and we therefore dismiss the pending complaint 
regarding this franchise area.

     4.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaint against the cable programming service price
charged by James Cable Partners, L.P., D/B/A Cable Florida, in Alachua County, Florida,
CUID No. FL0367, IS DISMISSED. 
          
                         FEDERAL COMMUNICATIONS COMMISSION  



                         Meredith J. Jones
                         Chief, Cable Services Bureau