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



In the Matter of                   )
                              )
TCI of Pennsylvania, Inc.               )    CUID No.  PA0150 (Township of Harris)
                                   )                                                           )                                                      )
Order Denying Jurisdiction              )                      



                             ORDER

     Adopted:  April 22, 1997           Released:  April 25, 1997  

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

     1.   In this Order we dismiss a complaint against the rate the above-captioned operator 
("Operator") was charging for its cable programming services tier ("CPST") in the community set
forth above because the complaint concerns a rate that is outside the jurisdiction of the Federal
Communications Commission ("Commission").  

     2.   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.   Section 76.953
of the Commission's rules in effect at the time the complaint was filed provides that complaints
against CPST rate increases or associated equipment must be filed with the Commission within 45
days from the date the complainant receives a bill from a cable operator that reflects the rate change. 
Based on our review of the record, we conclude that the complaint was not timely filed.  Although
the Complainant contends that it first received a bill reflecting the CPST rate increase on October
1, 1995, Operator increased its CPST rate effective May 1, 1995.   The complaint was filed with
Commission on November 1, 1995, 6 months after the Operator increased its CPST rate. 
Consequently, the complaint does not trigger the Commission's jurisdiction.

     4.   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 rate charged by Operator in the community referenced above, IS
DISMISSED.  

     5.   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