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$//Helicon Cablevision, Rostraver, Pennsylvania, MO&O, DA 96-182//$
$/76.922 Rates for the cable programming services tier/$
$benchmark cable rates/$
                             

                                  Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554 
                                                                DA 96-182

In the Matter of)     
     )     
Helicon Cablevision   )        CUID No. PA2015 (Rostraver)   
     )     
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 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 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 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 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