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$//Demopolis CATV, Demopolis, AL, MO&O, DA-95-1554//$
$/ 76.922 Rates for Cable Programming Services tiers /$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
                                                               DA 95-1554
                                                                         
In the Matter of              )
                         )
Demopolis CATV           )        CUID No. AL0023 (Demopolis)          
                         )
Order Denying Jurisdiction         )

                       MEMORANDUM OPINION AND ORDER

          Adopted:  July 11, 1995            Released:  July 18, 1995              
          
By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

     1.  In this Order we dismiss complaints 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 complaints concern 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
complaints filed against Operator, while asserting that they challenge a CPS rate, challenge
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 complaints
therefore do 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
complaints filed prior to May 15, 1994 against the cable programming service price 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