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 $//Vantage Cable Associates, L.P., MO&O, DA 95-987//$ $76.922 Rates for Cable Programming Service tiers/$ $/benchmark cable rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 95-987 In the Matter of ) ) CUID No. WY0089 (Marbleton, WY) Vantage Cable Associates, L.P. ) ) ) Order Denying Jurisdiction ) MEMORANDUM OPINION AND ORDER Adopted: May 1, 1995 Released: May 4, 1995 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss the complaint against the price that the above-captioned operator ("Operator") was charging for its cable programming service ("CPS") tier in the community designated above on the ground that the complaint concern a rate that is 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 complaint 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 this community. The complaint therefore does 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 complaint filed prior to May 15, 1994, against the cable programming service prices charged by Operator in the community 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