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//Falcon Holding Group, Inc. Whitney Township, MO, MO&O, DA
95-1740//$
$/ 76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                               DA
95-1740

In the Matter of)     
     )     
Falcon Holding Group, Inc.       )        CUID No. MI0699
(Whitney Township) 
     )     
Order Denying Jurisdiction       )

                       MEMORANDUM OPINION AND ORDER

     Adopted: August 8, 1995                 Released: August 15,
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.  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