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$//Wyandotte Municipal Services Cable System, MO&O, DA 95-2164//$
$76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$          

                   
                     Before the
                                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                               DA 95-2164

In the Matter of)     
     )     
Wyandotte Municipal Services     )     CUID No. MI0906 (Wyandotte, MI)
Cable System    )     
     )
Order Denying Jurisdiction       )

                       MEMORANDUM OPINION AND ORDER

     Adopted:  October 13, 1995                   Released:  October 25, 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 concerned a rate that is outside
the jurisdiction and authority of this Commission.  The Commission can not regulate the rates
for cable service of a cable system that is owned or operated by a local government or
franchising authority within whose jurisdiction that cable system is located and that is the only
cable system located within such jurisdiction.  The record shows that Operator is owned and
operated by the City of Wyandotte, Michigan and is the only cable system in that community. 
The complaint therefore does not trigger the Commission's jurisdiction.

     2.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, 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.

     FEDERAL COMMUNICATIONS COMMISSION 
     

     
     JoAnn Lucanik
     Chief, Financial Analysis and Compliance Division 
                Cable Services Bureau