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$//Twin County Cable TV, Pennsylvania, MO&O, DA 96-181
$/76.922 Rates for the cable programming services tier/$
$benchmark cable rates/$
                                     

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                                DA 96-181

In the Matter of)     
     )     CUID Nos.:       PA0552 (Allentown)
Twin County Cable TV  )           PA0553 (Bath)
     )                       PA0555 (Bethlehem)        
Order Denying Jurisdiction       )


                       MEMORANDUM OPINION AND ORDER

     Adopted:  February 14, 1996                  Released:  February 28, 1996               

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

     1.  In this Order we dismiss complaints against the prices that the above-captioned
operator ("Operator") was charging for its cable programming service ("CPS") tier in the
communities designated above on the ground that the complaints concern rates that are 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 CPS rates, challenge
only rates 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 these communities.  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 prices charged
by Operator in the communities 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