NOTICE ***************************************************************** ******** NOTICE ***************************************************************** ******** This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** FOR FCC RECORD ONLY $//Multimedia Cablevision, Inc., Witchita, KS, MO&O, DA95-833//$ $/76.922 Rates for Cable Programming Service tier/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95-833 In the Matter Of ) ) CUID No. KS0080, Wichita Multimedia Cablevision, Inc. ) ) Order Denying Jurisdiction ) MEMORANDUM OPINION AND ORDER Adopted: April 14, 1995 Released: April 19, 1995 By the Chief, Cable Services Bureau: 1. Here we consider two complaints about the price Multimedia Cablevision, Inc. ("Operator") was charging for its cable programming service ("CPS") tier in the community referenced above. We conclude that no valid complaint is pending against Operator's price in this community, and we therefore terminate our review of these filings. 2. The earliest complaint against Operator's CPS price in this community that was not returned by the Commission was filed on September 30, 1993. On April 12, 1995, Operator filed with the Commission a letter from this complainant stating his intention to withdraw his complaint. Our mandate is to "protect subscribers of any cable system that is not subject to effective competition from rates that exceed the rates that would be charged if such a system were subject to effective competition." While our rules forbid collusive agreements regarding forbearance from rate regulation, there is no evidence of such an agreement here. We will accordingly allow the complainant to withdraw his complaint. 3. A second complaint against Operator's CPS price was filed on October 11, 1993. On April 11, 1995, Operator moved to dismiss this complaint because complainant was not a subscriber at the time the complaint was filed. Under our rules, only a "subscriber, franchising authority, or other relevant State or local government entity" may file a complaint concerning CPS prices. Operator has provided sufficient information to demonstrate that the complainant discontinued his subscription on September 2, 1993. Furthermore, there is no indication that the complainant represents a franchising authority or other government entity. Therefore, we will grant Operator's motion and dismiss the complaint. 4. Under our rules, this Commission's authority to regulate CPS cable rates arises when a valid complaint against those rates is filed. Because Operator no longer faces any rate complaints, we are terminating our review of the filings made for the franchise area covered by this Order. 5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the motion submitted by Operator to dismiss the October 11, 1993 complaint against the cable programming service price charged in Wichita, Kansas, CUID No. KS0080, IS GRANTED. 6. IT IS FURTHER ORDERED that the September 30, 1993 complaint against the cable programming service price charged by Operator in Wichita, Kansas, CUID No. KS0080, IS DISMISSED. 7. IT IS FURTHER ORDERED that permission to withdraw the September 30, 1993 complaint against the cable programming service rate of Operator in Wichita, Kansas, CUID No. KS0080, IS GRANTED, and the review of the resulting rate justification filings IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Meredith M. Jones Chief, Cable Service Bureau