******************************************************** 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 ) ) Cox Communications, Inc. ) CUID No. CT0033 (Newington) ) Order Denying Jurisdiction ) ORDER Adopted: May 15, 1997 Released: May 19, 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 because the complaint concerns rates that are 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 regarding a rate change for CPST or associated equipment must be filed with the Commission within 45 days from the date the complainant receives a bill from the cable operator that reflects the rate change. The complainant contends that he received a bill in October, 1995 which contained a notice of a proposed December 28, 1995 rate change. The complainant filed the complaint with the Commission on November 8, 1995, prior to receiving a bill from the Operator that reflects the rate change. Upon review, we find that the complaint was not timely filed and, consequently, 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), the complaint against the CPST rates charged by the Operator in the community referenced above IS DISMISSED. 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