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$//Paragon Cable, Bradenton, FL, MO&O, DA 95-1449//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$


                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                               DA 95-1449

In the Matter of                   )              
                              )    
Paragon Cable                 )        CUID No. FL0183 (Bradenton)          
                              )    
Order Denying Jurisdiction              )


                       MEMORANDUM OPINION AND ORDER

          Adopted:  June 27, 1995            Released:  July 6, 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 complainant
received only a basic tier of service, and not a CPS tier.  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.  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