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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                   )
                              )
Comcast Cablevision of Westmoreland     )    CUID No. PA1804 (Fawn Township)
                              )
Order Denying Jurisdiction              )


                              ORDER

     Adopted:  April 9, 1997                                   Released:  April 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 on March 31, 1995, while asserting that it challenges a CPST rate increase,
challenges a rate increase to Operator's Value Pak, a New Product Tier ("NPT").  Therefore, the
complaint does not trigger the Commission's jurisdiction.

     2.   On June 21, 1995, the Operator filed a motion to dismiss the subject complaint on
the grounds that the complaint challenges the reasonableness of the NPT rate charged by Operator
in the above-referenced franchise area.  To support their motion the Operator referred to a previous
Commission decision.  In that decision the Commission determined that Comcast Cablevision of
Tallahassee, Inc.'s Value Pak should be treated as a NPT, the creation of which was not an evasion
of Commission rules.  Even though Operator had removed channels from a regulated tier, Operator
was not required to retier because the number of channels removed was small.  Operator was
allowed to treat its Value Pak offering as a NPT under the Commission's Sixth Order on
Reconsideration, Fifth Report and Order, and Seventh Notice of Proposed Rulemaking ("Going
Forward Order").  We agree that in this instance the Operator's Value Pak is similar to the Value
Pak offering in Tallahassee, Florida and other Value Pak offerings created by Operator.  For this
reason, we find that Operator's February 1, 1995 rate increase involves a package that is to be treated
as a NPT and therefore the complaint filed against it does not trigger the Commission's jurisdiction. 

     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