NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) TPC Cable TV ) CUID No. PR0009 (Ponce) ) Complaint Regarding Cable Service ) ORDER Adopted: July 8, 1996 Released: July 16, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss a complaint against the rate that the above-captioned operator, ("Operator") was charging for its cable service in the community set forth above on the grounds that the complaint concerns a rate that is outside the jurisdiction of this Commission. The Commission regulates rates for cable programming service ("CPS") tier 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 service tier 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, as amended, 47 U.S.C. Section 543(a)(2)(A) and (B), that the complaint against the cable service rate charged by Operator in the above referenced community 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 Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau