******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Century New Mexico Cable Corp. ) CUID No. NM0003 (Silver City) ) Order Denying Jurisdiction ) ORDER Adopted: February 3, 1997 Released: February 11, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss a complaint against the rates that the above captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the community set forth above on the grounds that the complaint concerns rates that are outside the jurisdiction of the Federal Communications Commission ("Commission"). Under the Communications Act, the Commission regulates the CPST rates of cable systems not subject to effective competition upon the filing of a valid complaint. Our review reveals that the complaint filed against Operator, while asserting that it challenges the CPST rate, challenges only a rate for the Operator's century select package. Therefore, the complaint does not trigger the Commission's jurisdiction. 2. On July 5, 1995 the Operator filed a motion to dismiss the subject complaint on the grounds that they offered only a basic service tier and a few a la carte channels. To support their motion the Operator referred to a previous Commission decision. In that decision the Commission dismissed pending complaints against the Operator's century select package because sufficient information regarding the Operator's restructured offering in accordance with our Going Forward rules could be treated as a new product tier. We agree that in this instance the Operator had met its burden and agree that the century select package complained about falls under the guidelines of a new product tier. 3. 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. Section 543(a)(2)(A) and (B), that the complaint against the CPST rates charged by Operator in the community referenced above IS DISMISSED and the motion to dismiss is GRANTED. 4. 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