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                         NOTICE


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FOR FCC RECORD ONLY
$//Summit Communications, Inc., MO&O, DA 95-1225//$
$/ 76.922 Rates for the basic service tier and cable programming services tier/$
$/benchmark cable rates/$


                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                               DA 95-1225

In the Matter of                   )              
                              )    
Summit Communications, Inc.        )    CUID No. WA0339 (Duvall)
                              )    
Order Denying Jurisdiction              )


                       MEMORANDUM OPINION AND ORDER

          Adopted:  June 2, 1995                       Released:  June 12, 1995              


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

     1.  In this Order we dismiss a 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 a rate that is outside
the jurisdiction and authority of this Commission.  The Commission regulates rates for CPS
only, and then only upon the filing of a valid complaint.  Our review reveals that the
complaint filed against Operator, while asserting that it challenges a CPS rate, challenges
only a rate 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.  In addition, the complaint objects to Operator's rates for equipment.  Rates for
equipment used to receive the basic tier are regulated as part of the regulation of rates for the
basic tier, and thus are generally outside the Commission's jurisdiction.  This definition
includes all equipment in a subscriber's home that is used to receive the basic service tier,
regardless of whether such equipment is additionally used to receive a CPS tier.  Complaints
concerning charges for equipment used to receive the basic tier should properly be brought to
the attention of the local franchising authority in the first instance, and not filed with this
Commission.  

     3.  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.

     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