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FOR FCC RECORD ONLY
$//Union CATV, Inc., Morganfield, KY, MO&O, DA95-850/$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
            
                                                                 
DA 95-850

In the Matter of                     )
                                     )  
Union CATV, Inc.                     )    CUID No. KY0560
(Morganfield)
                                     )
Order Denying Jurisdiction           )

                    
                       MEMORANDUM OPINION AND ORDER

          Adopted:  April 17, 1995                         
Released:  April 20, 1995

By the Chief, Financial Analysis and Compliance Division, Cable
Services Bureau:

     1.   In this Order we dismiss a complaint against the price
Union CATV, Inc. 
("Operator") was charging for its cable programming service
("CPS") tier in Morganfield,
Kentucky, CUID No. KY0560, on the ground that the complaint
concerns rates that are
outside the jurisdiction and authority of this Commission.  As
explained below, 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 CPS rates, challenges only rates for basic service,
not for CPS.  The complaint
therefore does not trigger the Commission's jurisdiction, and is
accordingly dismissed.

     2.   The  Cable Television Consumer Protection and
Competition Act of 1992
("Cable Act of 1992") distinguishes among basic cable service,
premium cable service, and
cable programming service.  The basic service tier is the minimum
package of cable service
that a consumer can buy.  Except in limited circumstances, the
Commission does not have
jurisdiction over rates for the basic service tier, and cannot
act upon complaints concerning 
rates for that tier.  Premium cable service consists of channels
that are paid for individually
(per-channel) or per-program.  By statute, these channels are not
subject to rate regulation. 
CPS includes all video programming that is not on the basic
service tier which the operator
offers as a package of channels.  Rates for CPS tiers are subject
to regulation by the
Commission in response to a valid complaint.   

     3.    In this case, Operator has informed the Commission
that as of September 1,
1993, it only offered one tier of service in the community
referenced above.  The channel
line-up and rate card that Operator submitted support this
assertion.
  
     4.    The complaint under consideration here was filed with
the Commission on 
FCC Form 329.  FCC Form 329 is used by subscribers or local
franchising authorities
wishing to lodge with the Commission a complaint about an
operator's CPS rates.  The form 
is entitled "Cable Programming Service Rate Complaint."  While
the form is designed for
use in challenging CPS tier rates, the definition of CPS tier
rates is not made clear on the
face of the form and it is possible that someone might complete
the form without
understanding the difference between basic tier rates, premium
service rates, and CPS tier
rates.  

     5.    We have examined the complaint and Operator's
response, and we conclude
that the complaint challenges only basic rates, not CPS rates. 
Although the complainant
indicates that the rates challenged violate the Commission's
rules, the specific information
provided by the complainant indicates that only basic rates are
at issue.  When only basic
rates are being challenged, the complaint should properly be
brought to the attention of the
local franchising authority in the first instance, and not filed
with this Commission.  If any
complaint does in fact challenge CPS rates, the complainant may
file a petition for
reconsideration providing information adequate to support his or
her challenge.
     








     6.     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 14, 1994, against the cable
programming service price charged
by Operator in Morganfield, Kentucky, CUID No. KY0560, IS
DISMISSED. 

     7.    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





     JoAnn Lucanik
     Chief, Financial Analysis and Compliance Division,
     Cable Services Bureau