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FOR FCC RECORD ONLY
$//TKR Cable Company MO&O, DA 95-878//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 

                                                                  DA 95-878


In the Matter of                   )    Middlesex  CUID No. NJ0233
                              )    Manville    CUID No. NJ0290
                              )    Aberdeen   CUID No. NJ0400
                              )    Bridgeport  CUID No. NJ0330
                              )    
TKR Cable Company (Tri-System)          )    Newark      CUID Nos. 
                              )                NJ0234, NJ0235, NJ0236,
                              )                NJ0237, NJ0238, NJ0239,    
                              )                NJ0262, NJ0263, NJ0289, 
Order Denying Jurisdiction              )                NJ0291, NJ0292, NJ0348,     
                              )                NJ0364, NJ0370, NJ0371,     
                              )                NJ0376, NJ0377, NJ0398,
                              )                NJ0399, NJ0401, NJ0408,
                              )                NJ0485, NJ0486, NJ0572
                                                     
               

                       MEMORANDUM OPINION AND ORDER

     Adopted:  April 18, 1995                Released:  April 24, 1995


By the Chief, Financial Analysis and Compliance Division, 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  
     

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