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. ***************************************************************** ******** FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554 IN REPLY REFER TO: May 1, 1995DA 95-1001 Released: May 5, 1995 J. Christopher Redding Dow, Lohnes & Albertson 1255 Twenty-Third Street, N.W., Suite #500 Washington, DC 20037 Re: Vantage Cable Associates, L.P., CUID No. CO0297 (Lyons, Colorado) Dear Mr. Redding: This letter is in reference to your Motion to Dismiss filed with the Commission on March 17, 1994, with respect to a complaint filed February 28, 1994, against the price Vantage Cable Associates, L.P. was charging for cable programming service in Lyons, Colorado, CUID No. CO0297. In that motion, you state that Vantage Cable is not required to justify its rates prior to May 15, 1994, because Vantage Cable's Lyons, Colorado system has fewer than 1,000 subscribers. Based on the information you have provided, it appears that the Town of Lyons system qualifies as a "small system" pursuant to 47 C.F.R.  76.901(c), and was therefore exempt from rate regulation until May 15, 1994. We will rule at a later date on Vantage Cable's justification under the Commission's revised rate regulations of its cable programming service rates in Lyons, Colorado beginning May 15, 1994. Should you have any questions regarding this matter, please contact Gwendolyn G. Flowers at (202) 416-1112. Sincerely, JoAnn Lucanik Chief, Financial Analysis and Compliance Division Cable Services Bureau cc: John Kilian, II, Vice President-Operations, Vantage Cable Associates, L.P. Town of Lyons (Attention: Robert G. Freeman, Jr.)