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FOR FCC RECORD ONLY
$//Chattahoochee Cablevision, Georgia, MO&O, DA 95-1019//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 


                                                    DA 95-1019             



In the Matter of                   )              
                              )    CUID No. GA0105     (Newnan)  
Chattahoochee Cablevision               )
                              )    
Order Denying Jurisdiction              )


                       MEMORANDUM OPINION AND ORDER

     Adopted:  May 2, 1995                    Released:  May 8, 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 concerns 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 complaint
filed against Operator, while asserting that it challenges CPS rates, challenges 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 the 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 price charged
by Operator in the community referenced in the caption IS DISMISSED.

          3.   4.  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